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Aleksandra Kuc-Makulska

Posts by Aleksandra Kuc-Makulska

The Polish Constitutional Court limits the right of information under the Enforcement Directive: Part 2

On 6 December 2018 the Polish Constitutional Tribunal found that the right to request information on the origin and distribution networks of the goods or services which infringe an intellectual property right from persons other than the infringer is contrary to the Polish Constitution (see our earlier post here). The written justification of the decision

The Polish Constitutional Court limits the right of information under the Enforcement Directive

Polish law provides for the right of information on the origin and distribution networks of the goods or services which infringe an intellectual property right, as dictated by the Directive 2004/48/EC on the enforcement of intellectual property rights. So far, this information could be requested both from the infringer as well as from third persons

Poland: official fees for trademark prosecution change

On 14 October 2016 new official fees for trademark prosecution in Poland entered into force. New law simplifies the rules of calculating the fees and lowers some of them. The most relevant of the changes are: Payment for the trademark filing is now calculated separately for each class of protection (previously it was calculated for

Poland – Punitive damages for copyrights infringement declared unconstitutional by Constitutional Tribunal

The Polish Copyright and Neighbouring Rights Act gives the injured party an option to claim from the copyright infringer triple the value of license fees if the infringement was culpable.  The value of the license fees is calculated on the basis of the market standard in similar cases.  On 23 June the Polish Constitutional Tribunal