29
Fri, Mar
51 New Articles

Poland to Introduce Specialized IP Courts in 2020 to Increase Efficiency and Expertise

Poland to Introduce Specialized IP Courts in 2020 to Increase Efficiency and Expertise

Poland
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

In an effort to streamline the adjudication of IP cases in Poland, specialized courts will be introduced next year. The courts will very likely improve the speed, efficiency, and expertise with which IP cases are handled – a win for all parties involved.

The Current Structure Relies on Regular Courts for Different IP Cases

Claims in Poland involving alleged infringements of intellectual property rights – including, for example, claims of piracy with respect to copyrights and trademarks – are currently heard by common courts and the Polish Supreme Court. Some cases in the field of industrial property law, including complaints regarding the decisions of the country's Patent Office, are handled by the Provincial Administrative Court in Warsaw and the Supreme Administrative Court. 

Cases related to community trademarks and community industrial designs, on the other hand, are examined by a special department of the District Court in Warsaw – the Court of EU Trademarks and Community Designs.

Heavy Caseload Necessitated Structural Changes

The large increase of cases year-by-year made the creation of specialized courts and a workforce of court clerks with competencies in intellectual property necessary. On December 3, 2019, the Council of Ministers adopted an amendment to the Code of Civil Procedure prepared by the Ministry of Justice to further specialize the judiciary, and the amendments will enter into force on July 1, 2020. 

The specialized courts will deal with cases in the field of copyright and related rights, industrial property rights, and unfair competition. They will also consider certain categories of cases involving the protection of personal rights, including cases involving the unlawful use of copyrights and trademarks.

Courts to Become More Focused on Specific Areas of IP

New departments for IP matters will be created at the District Courts in Gdansk, Katowice, Poznan, and Warsaw, and specialized departments will be established in the Courts of Appeal in Warsaw and Katowice. This will replace the current system, in which intellectual property matters, including those relating to highly specialized issues such as patents, plant varieties, and trademarks, are examined by commercial departments of common courts. 

A specialized court that was previously established within the 22nd Department of the District Court in Warsaw for cases involving EU trademarks and community designs will lose the exclusive competence to deal with those cases and will consider IP claims regarding computer programs, inventions, designs utility, topography of integrated circuits, plant varieties, and trade secrets of a technical nature (i.e., matters of advanced complexity). 

A Clear Step Forward for How IP Cases Will be Handled

The changes represent a positive step for the court system, as there have been discussions regarding the creation of a specialized court to settle intellectual property matters for many years. In order to conduct proceedings in these cases, it will be necessary to have highly trained judges who are familiar with IP/IT issues. The new rules also require parties in IP cases to be represented by professional lawyers, legal advisers, and patent attorneys. This will further contribute to the speed and efficiency of proceedings and help to usher in a new era of how these cases are handled in Poland.

Authors: Marcin Rudnik, Head of IP/IT, and Monika Gaczkowska, Associate, Wolf Theiss Warsaw

Wolf Theiss at a Glance

With over 360 lawyers in 13 countries, over 80% of the firm’s work involves cross-border representation of international clients. We have concentrated our energies on a unique part of the world: the complex, fast-developing markets of the CEE/SEE region. Through our international network of offices, we work closely with our clients to develop innovate solutions that integrate legal, financial, and business know-how.

Wolf Theiss provides fully integrated corporate services in mergers and acquisitions, private equity, real estate, banking and finance, tax and insurance, employment law, competition law, energy law, privatisation, restructuring, public procurement and litigation. At Wolf Theiss, we measure our success by the success of our clients. We align our goals with yours to ensure that your needs are being met in even the most complex of cross-border matters. This means that we know how to listen to you and help you use the assets you already have while finding opportunities.

Firm's website:

Wolf Theiss – Leading Lawyers in CEE/SEE