Cases involving intellectual property are governed by specific laws and heard by specialized courts. Litigation may be conducted in connection with the protection of copyright and related rights, the protection of industrial property rights such as patents, industrial designs, or trademarks, and the protection of other intangible property rights.
hear actions for the infringement of intellectual property rights and the cessation of such, as well as accompanying claims for compensation and damages.
certain orders may be issued because of the need to gather evidence necessary for future proceedings. Courts may decide to preserve evidence, order the disclosure and release of evidence, or order the infringer to provide information on origins and distribution of goods or services.
Participation in them requires an attorney's specialized knowledge, understanding of specifics and diverse experience. Sometimes it is necessary to understand various fields of technology or be familiar with different areas of art to protect the client's interests effectively. In trademark or design infringement disputes, in addition to raising several allegations, the defendant (alleged infringer) may defend oneself against the claims of the holder by bringing a counterclaim for invalidation or declaration of expiration of the trademark protection or design registration right.
There are four first-instance intellectual property courts in Poland, including district courts in Warsaw, Poznan, Gdansk and Katowice and appeals against judgements issued at those courts are heard by the Court of Appeal in Warsaw and the Court of Appeal in Poznan.
Is someone infringing your patent, trademark or design rights or using your works? Or maybe you have received a lawsuit for cessation of infringements and delivery of wrongfully obtained profits or a decision on evidence preservation?
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The Polish Patent Office examines the prerequisites for granting patents, design rights or trademarks. In the course of proceedings to grant those rights, it also checks objections raised by third parties and observations as to the circumstances that prevent the grant of industrial property rights.