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Particular complaints concerning cessation of industrial property rights

Summary/Abstract: In the present article the author analyses new institutions of civil law, ie. particular complaints concerning cessation of protection rights for a trademark or registration rights for an industrial model. These complaints constitute a hybrid of mutual complaints and of cases concerning invalidation of protection rights for a trademark or registration rights for an industrial model or declaration of expiry of protection rights for a trademark. In the key part of the article the author presents lack of precision of new regulations concerning suspension of civil proceedings due to similar proceedings pending before the Patent Office of the Republic of Poland. In this respect, the author presents the new regulations interpretation risk, which may lead to unnecessary lengthening of court proceedings in consequence infringing the constitutional principle of honest proceedings and the right to have your case recognized without unjustifiable delay. Besides, the author postulates such de lego ferenda change of regulations that the obligation to suspend civil proceedings will take place only, when the scopes of requests of the particular complaint and the request to the Patent Office will influence each other. At the end, the author presents issues of premises of registration capacity both trademarks and industrial models and premises for declaration of expiry of protection rights for a trademark. In this respect he gives particular attention to the necessity for application by courts not only the regulations of the presently in force act Industrial property law, but also already repealed provisions of the said act as well as repealed other laws. The author explains that statutory conditions of registration capacity of industrial property rights should be applied according to laws in force at the date of application for protection of the given exclusive right.

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