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Tag Archives: Poland

.PL Registry lock service introduced

NASK, the organisation responsible for the Top Level Domain .PL (Poland), recently announced the introduction of a Registry Lock service for .PL domain names. Locking a domain name at the Registry level provides an added layer of security against domain name hijacking. Domain name hijacking occurs when an attacker gains unauthorised access to registration data for

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

Implementing the EU Trade Marks Directive: Benelux, France, Germany, Italy, Poland & Spain

Earlier this year, our European team held two webinar sessions focusing on the implementation of the EU Trade Marks Directive and its impact across various Member States. We have just published an info-sheet which covers the key developments in Benelux, France, Germany, Italy, Poland & Spain, and includes a quick-reference comparative table. Download the info-sheet here. The webinar recordings are also available via registration here and

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

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: 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: 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