Intellectual Property, Sołtysiński Kawecki & Szlęzak updates


Contributed by Sołtysiński Kawecki & Szlęzak
New act on collective management of copyright and related rights
  • Poland
  • January 15 2018

There is an urgent need to improve the collective management system in Poland. The recent proposed introduction of the extended collective licensing model offers a chance to solve the existing legal and practical problems, but any such change should be considered and consistent with the whole collective management system in order to avoid further complications and the creation of new weaknesses in the legal framework.

Can Polish patents be limited in invalidity proceedings?
  • Poland
  • October 23 2017

There is a need for Polish patent law to provide for an explicit procedure that allows for the amendment of patent claims during invalidity proceedings. Although two theoretical options exist, the lack of well-established case law means that their viability remains uncertain. However, it is hoped that the admissibility of these options will be assessed by the Patent Office and the courts in the near future, as patent holders have become more interested in exploiting less obvious means of defending their patents.

Reform of justice system may result in controversial changes to protection software
  • Poland
  • August 14 2017

The legislature recently adopted changes that could be of major importance for entities that provide IT systems to the courts and judicial authorities. According to the Act amending the Act on the Common Court System, the minister of justice will acquire the right to decide unilaterally whether judicial authorities can use software if an important state or justice interest requires an efficiency of performance or continuity of operation and an agreement with a copyright holder is troublesome.

Calculating amount of benefits unlawfully obtained from trademark infringement
  • Poland
  • May 29 2017

Under the Industrial Property Law, a rights holder may demand that an infringer surrender any benefits obtained unlawfully by way of trademark infringement. In practice, calculating the amount of profits can be challenging. While the amount of profits should be calculated on a case-by-case basis, there are some general principles that should be considered.

Is doctrine of equivalents accepted by Polish courts?
  • Poland
  • March 20 2017

The Industrial Property Law does not explicitly mention the possibility of assessing patent infringement under the doctrine of equivalents. However, the doctrine seems to be gaining support among legal commentators and judges. The admissibility of the doctrine of equivalents in Poland has long been the subject of lively discussion, which may soon be concluded with definite answers.

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