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Industry Reports - More Updates
Poland
Zaborski, Morysiński
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1 Oct2020
New regulations could stamp out defensive trademarks and bad-faith refiling
New regulations to the Industrial Property Law shed light on the common practice of filing defensive trademarks. The concept of ‘bad faith’ is undefined in Polish trademark law, so courts often look to EU jurisprudence for guidance, although their approach has often been liberal. Full text
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23 Jul2020
How WIPO PROOF can be a useful tool for trademark owners
Copyright can be difficult to prove in Poland, as there is no copyright register. The new WIPO PROOF service may come in handy for applicants looking to register their mark in Poland, as it provides tamper-proof evidence of the existence of a work. Full text
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18 Jun2020
New enforcement rules for IP rights in Poland
The amendments to the Polish Civil Procedure Code, which enter into force on 1 July 2020, provide crucial changes to the enforcement of IP rights in Poland, including the extensive regulation of proceedings related to IP rights infringement. Full text
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28 May2020
Emergency bill sets out new Polish court rules during covid-19 lockdown
On 31 March 2020 Poland introduced an emergency bill, Shield 2.0, which suspended time limits in administrative, civil and criminal proceedings. Six weeks later a second bill, Shield 3.0, came into force. This is designed to restart proceeding terms and repeals the prohibition on holding court hearings. Full text
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23 Apr2020
Rules of representation for unconventional marks in Poland
The requirement for graphic representations in trademark applications was abolished in Poland and most EU members states by the EU Trademark Directive (2015/2436). Since then trademarks can be represented in any appropriate form using generally available technology. This change has made it significantly easier to register non-traditional marks. Full text
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9 Apr2020
How Polish trademarks are affected by the coronavirus pandemic
Due to the covid-19 pandemic, many IP offices and courts have declared a judicial break. This article provides information on the changes in Polish court activity and at the Polish Patent Office, the EUIPO, European Patent Office and WIPO. Full text