Instytucja odesłania w zakresie unieważnienia prawa z rejestracji wzorów przemysłowych
The institution of reference regarding invalidation of the right in the register of industrial designs

Summary/Abstract: In compliance with the norms of the act of Law of Intellectual Property in the scope of invalidation of the right in the register of industrial designs, the legislator refers the interested party, on the power of Art. 117 of the Law of Industrial Designs, to regulations concerning termination of patents. However, this mechanism raises a series of doubts, especially, in connection with the scope of appropriate application of legal norms. In accordance with Zasady techniki prawodawczej (Principles of Legislative Technique) referring to other regulations is justified in the case in which the regulations being referred to provide norms to situations of a similar character. The legislative technique accepted by the legislator does not fully satisfy the needs of practice, though. The standpoint which maintains that industrial designs, apart from registered designs, patents and topography of integrated circuits belong to the category of invention designs seems unjustified as a matter of fact. What testifies to the above statement is the fact that industrial designs combine in themselves also elements of aesthetic nature, while invention designs provide strictly technical solutions. The need for executing an autonomic regulation of the question of invalidation and termination of the right in the register of industrial designs is also strengthened by the fact that on the ground of previous legislation, that is Law of Inventions, industrial designs were dealt with in a separate act, in the same way as trademarks. The existence of autonomic regulation allows accepting the right standpoint which says that industrial designs cannot be defined as invention designs.

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