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Ewa Kacperek

Posts by Ewa Kacperek

Polish Patent Office publishes guidelines on new types of trademarks

Following the enactment of the Act amending the Industrial Property Law of 20 February 2019 which implements the Directive of the European Parliament and of the Council (EU) 2015/2436 of 16 December 2015, the Polish Patent Office (PPO) has recently published guidelines (in Polish) concerning new types of trademarks. In the guidelines, the PPO points

Advances in Polish IP Law, part 2: Trademarks – graphic representation, renewal, partial transfer & enforcement by licensees

The recently published draft of the Act amending the Industrial Property Law (14 November 2017) introduces fundamental changes in the provisions on trademark protection. Currently, the bill is being agreed upon in the Council of Ministers. The new regulations primarily result from the need to implement Directive of the European Parliament and of the Council

Advances in Polish IP law, part 1: Patents – Indirect infringement, limitation of scope & state of the art searches

The bill amending the Industrial Property Law, published on 14 November 2017, introduces important changes with respect to patent protection. The bill adapts the Polish provisions to the European Patent Convention, as well as the Patent Cooperation Treaty of 1970. The bill is presently being discussed within the Council of Ministers. The bill stipulates, among

Poland: Trademark registration procedure changes

An important change of the Polish Industrial Property Law came into force on 15 April.  The most relevant of the changes is a new regime for trademark registrations and oppositions.  Until today, the trademark registration procedure involved an ex officio examination of both absolute and relative refusal grounds.  The opposition period started after the decision on the

Hosting providers in Poland – controversial judgement on active monitoring of content

On 27 May the District Court in Cracow ruled that chomikuj.pl, a hosting provider with over 5 million users, is obligated, once a month, to monitor the Internet through keyword searches for content uploaded by users, with respect to three Polish films “Dzień świra”, “Katyń” and “Wenecja”. Chomikuj.pl will be required to block access to

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

Significant changes to the regulations on industrial designs in Poland

The Polish government is currently working on a set of proposals for amendments to the Industrial Property Law. These amendments concern, among other things, regulations on industrial designs and result, mainly, from the case-law of the CJEU. The aim of the proposed amendments is, amongst other things, to bring Polish laws further in line with