Nowe uprawnienia radców prawnych i adwokatów w postępowaniu przed Urzędem Patentowym RP
New rights of legal advisers and advocates in proceedings before the Polish Patent Office

Summary/Abstract: As a result of the legislative process focused on the bill of the so-called third deregulation tranche, the Act of 5 August 2015 Amending Acts Regulating the Conditions of Access to Certain Professions – which amended Articles 236 of the Act of 30 June 2000 – Industrial Property Law – was adopted. Following this amendment, legal advisers and advocates were granted the right to represent parties before the Polish Patent Office in proceedings relating to granting and holding protective rights to trademarks. Even more far-reaching modifications were considered in connection with lifting compulsory representation by patent attorneys in application and registration procedure before the Polish Patent Office, but they were ultimately discarded. In the course of drafting the bill, demands by the legal adviser community clashed with demands of patent attorneys, who firmly objected the proposed changes. The article discusses arguments presented by the self-government of legal advisers, with references to the historical context and solutions adopted by other EU states. Also considered is the latest amendment to Industrial Property Law, introduced by the statute of 11 September 2015, replacing the examination model of procedure for obtaining protective rights to trademarks with an opposition model.

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