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Jun 25, 2020
Aleksandra Kuźnicka-Cholewa, CMS, Poland
Adriana Zdanowicz-Leśniak, CMS, Poland
First published at www.cms-lawnow.com

Revolution in Enforcement of Intellectual Property Righ...


Aleksandra Kuźnicka-Cholewa, CMS, Poland, Adriana Zdanowicz-Leśniak, CMS, Poland, First published at www.cms-lawnow.comThe new law of 13 February 2020 on the amendment of the Act of 17 November 1964 - Code of Civil Procedure and certain other acts was signed by the Polish President on 19 February 2020. The Act provides for crucial changes in the enforcement of intellectual property rights in Poland, which we have briefly outlined below, the most important of which is the long-awaited introduction of specialised IP courts. Firstly, Poland will finally have its own, broad definition of an ‘intellectual property case’, which will be subject to the competence of the specialised courts. It covers not only cases concerning protection of copyrights and industrial property rights, but also, among others, matters concerning combating and preventing unfair competition and protection of personal rights in certain cases, e.g. relating to advertising or promotion of goods and services, or scientific and inventive activities. In our view, defining IP cases in such a way should be assessed positively as it corresponds to the practice of adjudicating courts which successfully find legal grounds for the above claims in various regulations including the  read more