effective and affordable skuteczni i dostępni traditional but innovative efficient and meticulous szybcy i precyzyjni

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1 efficient and meticulous szybcy i precyzyjni creative but clearsighted twórczy ale realistyczni ambitious but respectful ambitni ale uprzejmi effective and affordable local yet global lokalni lecz zglobalizowani skuteczni i dostępni traditional but innovative open and dependable nowatorscy i rzetelni conservative but sharp konserwatywni ale nowocześni tradycyjni lecz innowacyjni

2 KAROLINA MARCINISZYN TRADEMARK AND PATENT ATTORNEY

3 Enforcement of IP rights in Poland Administrative level (oppositions and invalidations- the Polish Patent Office) Civil level (infringement various nonspecialised regional courts throughout the country + CTM & RCD Court in Warsaw) Criminal level (district court penal provisions of IPL and Criminal Code)

4 Who can seek a preliminary injunction in IP cases in Poland? IP owner (trademark, patent, designvalid IP right) Actual user (unfair competition claims - prior use); limitation for foreign companies Exclusive licensee

5 When may a preliminary injunction be granted?

6 Where should an application be lodged? (territorial juridiction) Community Trademarks and Designs- sole jurisdiction in a Warsaw CTM and RCD Court Seat/domicile of the defendant Location of the infringement? (possibility of forum shopping) controversial

7 What is the criteria for the granting of a preliminary injunction? Claims are credible (substantiation of claims) (it is highly probable that the applicant has claims based in IP infringment, the claim does not have to be proved at this early stage, but only substatiated less formalised criteria) Valid IPR Brief description of the market situation Likelihood that IPR is infringed (evidence that the product is distributed)

8 What is the criteria for granting of a preliminary injunction?

9 Examples of granted preliminary injunctions (PI granted proceedings pending)

10 Examples of granted preliminary injuctions (PI granted but lawsuit dismissed)

11 Examples of granted preliminary injunctions (PI granted)

12 Examples of granted preliminary injuctions (PI granted but changed in second instance )

13 Examples of granted preliminary injunctions (PI granted)

14 Standard preliminary injunction C & D not obligatory but rather advisable Description of the types of infriging acivities which were requested be ceased (most common: seizure of stock, offering, marketing, production, import) PI should not aim to satisfy the claims raised by applicant but exception - necessary to reverse the threat of damages or other adverse effects Deposit exceptional PI granted and lawsuit dismissed compensation to the defendant for damage caused

15 Standard time-frames for preliminary injunction PI lack of condition of urgency for an applicant, however a delayed reaction for infringement may affect the case 7 days for examination of the request for PI, as a rule at a closed session. However, the above deadline is only a recommedation for the judge 7 days for an appeal to a decision on PI for the applicant/ defendant Maximun 14 days for the statement of claim (if PI was filed before the statement of the claim)

16 How the preliminary injuction is enforced

17 Court system in Poland (infringement of the intellectual property) 45 regional courts - first instance for intellectual property rights, unfair competition and copyrights 11 courts of appeal act as secondinstance courts hearing appeals from decisions of the regional courts The Supreme Court -judicial review over the common courts. Extraordinary jurisdiction in cassation appeals against final decisions of courts of second instance. It does not review factual findings (does not receive evidence, take testimony of witnesses etc.) Court of Community Trademarks and Designs in Warsaw handles the cases concerning infringement of CTMs and RCDs

18 Typical remedies granted by a court in infringement action

19 Calculation of the damages Definition of the damage Licencee fee Other reasonable fee No punitive damages

20 Thank you Karolina Marciniszyn Trademark and Patent Attorney M: E: