Postępowanie odrębne w sprawach własności intelektualnej
New legal proceedings in intellectual property matters

Author(s): Katarzyna Małgorzata Duda
Contributor(s): Maja Dziubak (Translator)
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: intellectual property proceedings; separate proceedings; intellectual property courts
Summary/Abstract: The article describes a new type of proceedings introduced into the Polish legal framework by the 2020 amendment of the Code of Civil Procedure. Intellectual property proceedings are the result of the implementation of EU legislation on the one hand, and on the other, a response to practitioners, who have been indicating for years existing procedural provisions are insufficient for effective enforcement of intellectual property rights. The article’s focuses is primarily on the structure of the new separate proceedings and the new procedural institutions created solely for the purposes thereof. The changes closely correlated with the introduction of the new proceedings also are indicated, such as the newly created specialized divisions of common courts in which only intellectual property proceedings shall be conducted. Attention is drawn to certain derogations from general rules and to changes in existing institutions regulated by the Code, such as the obligation to appoint a professional attorney, legal adviser or patent counsel. Moreover, the article cites latest opinions of legal academics and commentators on the new type of proceedings, draws conclusions and points to problems that may arise in the future. As the subject matter discussed is quite recent, the article is for the most part theoretical in nature.

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