Professional Documents
Culture Documents
INDUSTRIAL
PROPERTY
INFRINGEMENTS
Ewelina Sotysiak
Piotr Bartenbach
Bartomiej Staszczyk
Dominik Wolski
AGENDA
What is industiral property?
Industrial property protection.
Legal grounds
Trademark protection
Procedures
INDUSTRIAL PROPERTY
PROTECTION
Legal grounds
Issues concerning industrial property in Poland are
regulated under the Industrial Property Law Act of 30 June
2000
One of the fundamental functions of IPL is to stimulate
economic development and to protect the rights and
interests of author's rights
Source:
http://www.paiz.gov.pl/polish_law/industrial_property_protect
ion
INDUSTRIAL PROPERTY
PROTECTION
IPL regulations pertaining to trademarks
possible trademark
For registration = Patent Office of the Republic of Poland
in Warsaw
Right for trademark valid for 10 years
Source:
http://www.paiz.gov.pl/polish_law/industrial_property_protect
ion
INDUSTRIAL PROPERTY
PROTECTION
Trademark protection (1)
A breach of a trademark protection right consists of the illegal
use in business trade of:
mark identical to a registered trademark (identical goods)
mark identical or similar to a registered trademark
for
(any goods)
Source:
http://www.paiz.gov.pl/polish_law/industrial_property_protect
ion
INDUSTRIAL PROPERTY
PROTECTION
Trademark protection (2)
The person (entity) whose trademark protection right has been breached
may demand:
Cessation, remedying of consequences
Transfer of benefits gained
Remedying of damages
Licence fee payment
Rulling publishment
Payment of compensation for invetion usage
Source:
http://www.paiz.gov.pl/polish_law/industrial_property_protect
ion
INDUSTRIAL PROPERTY
PROTECTION
Community and international trademark
In EU - Council Regulation (EC) No 2007/2009 of 26 February 2009
on the Community trademark
10 years with the possibility of its extension
Possibility for international trademark protection
Source:
http://www.paiz.gov.pl/polish_law/industrial_property_protect
ion
WHAT IS CLASSIFIED AS
INFRINGEMENT?
Pirating and counterfeiting
Infringement of:
patents,
industrial designs,
marks,
geographical indications,
Source:http://www.wipo.int/freepublications/en/intproperty/895/wip
o_pub_895.pdf
INFRINGEMENT OF PATENTS
An infringement of patent of invention or utility model is
months, or fine
Source:http://www.wipo.int/freepublications/en/intproperty/895/wip
o_pub_895.pdf
INFRINGEMENT OF INDUSTIRAL
DESIGNS
Manufacturing, without consent authorization of the owner, a
I -exports sells exhibits or offers for sale, holds in stock, conceals or receives
for use for commercial purposes, an object that unlawfully incorporates a
registered industrial design or substantial imitation thereof that is likely to
mislead or cause confusion; or
Source:http://www.wipo.int/freepublications/en/intproperty/895/wip
o_pub_895.pdf
INFRINGEMENT OF MARKS
An infringement of a registered mark is committed by
year, or fine.
Source:http://www.wipo.int/freepublications/en/intproperty/895/wip
o_pub_895.pdf
INFRINGEMENT OF GEOGRAPHICAL
INDICATIONS
Manufacturing, importing, exporting, selling, exhibiting or
Source:http://www.wipo.int/freepublications/en/intproperty/895/wip
months,
or fine.
o_pub_895.pdf
CLAIMS REGARDING
INFRINGEMENTS
Steps that need to be taken prior to submiting a notice:
A statement by you that you have a good faith belief that the
disputed use is not authorized by the owner, its agent, or the law;
and
PROCEDURES
Assessing the Scope of Patent Rights
Evaluating Validity and Infringement of a Patent
The Cost of Patent Litigation
Source: http://www.wipo.int/aboutip/en/iprm/pdf/ch4.pdf
INFRINGEMENT ACTIONS
Avoiding Litigation
Source: http://www.wipo.int/aboutip/en/iprm/pdf/ch4.pdf
AVOIDING LITIGATION
Negotiation
Source: http://www.wipo.int/aboutip/en/iprm/pdf/ch4.pdf
the owner of a right feels that he must take action against an infringer in order to
protect his markets, present or future. In most jurisdictions this will be handled in the
civil courts.
The patent owner, acting through his immediate lawyers (solicitors), arranges for a writ
infringement and the remedy sought. Almost always, an injunction restraining the
alleged infringer, the defendant, from continuing with what he has been doing, will be
requested, as well as damages.
The defendant will usually acknowledge the writ and give notice that he intends to
defend. If he does not, the plaintiff may be entitled to a final or interlocutory ruling
(one which decides the issue but leaves open the question of damages, etc.) forthwith.
If the defendant does defend, and the issue is not settled out of court or dealt with
summarily, pleadings will be exchanged, on the one hand stating the material facts of
the claim and on the other the defenses or counterclaims.
Source: http://www.wipo.int/aboutip/en/iprm/pdf/ch4.pdf
REFERENCES
http://www.wipo.int/about-ip/en/iprm/pdf/ch4.pdf
http://www.wipo.int/freepublications/en/intproperty/895/wi
po_pub_895.pdf
http://www.paiz.gov.pl/polish_law/industrial_property_prot
ection