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.

The Common Courts usually...

hear actions for the infringement of intellectual property rights and the cessation of such, as well as accompanying claims for compensation and damages.

In IP cases...

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.

IP litigation is different from typical civil or commercial cases.

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.

In Poland, legal disputes regarding protecting intellectual property are examined in Intellectual Property Courts.

In Poland, legal disputes regarding protecting intellectual property are examined in Intellectual Property Courts.

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.

Only by the District Court in Warsaw may be heard in the first instance:

  • lawsuits concerning computer programs
  • inventions
  • utility models
  • topographies of integrated circuits
  • plant varieties
  • trade secrets of a technical nature

We have many years of extensive experience in litigating intellectual property disputes and have successfully represented our clients in court.

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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Disputes heard by the Patent Office

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.

Moreover, the colleges for contentious cases decide cases e.g.

  • invalidation of a patent
  • additional protection right
  • right of protection or right in registration
  • limitation of a patent
  • statement of termination of a patent for an invention or right of protection for a trademark
  • granting of a compulsory license to use an invention, utility model, industrial design or topography of an integrated circuit

Litigation starts if the Patent Office receives a properly prepared and duly paid application.

The Council examines contentious cases following the rules provided for in the Industrial Property Law Act and alternatively applies the Code of Administrative Procedure and, in some cases specification of civil procedure.

  1. The first stage includes the exchange of preparatory writs.
  2. After the participants of the proceedings exchange opening documents, the Patent Office appoints a hearing and considers the case at a session.
  3. The Patent Office issues and announces its decision after the litigation.
  4. Reasons for the decision shall be ex officio prepared and delivered to the parties within 30 days from the date of publication.

The decision and orders of the Patent Office issued in contentious cases may be appealed to the administrative court.