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Poland introduces specialized Intellectual Property Courts

29-07-2020

Entered into force, a new act amending the Civil Procedure Code, which introduces important changes in the treatment of cases in intellectual property. On July 1st, 2020, specialized Intellectual Property Courts started operating in Poland as well as new types of IP Court actions.

The IP-related matters that will be under the competence of the specialized IP Courts in Poland are IP matters concerning the protection of industrial property rights, copyrights, and intangible property rights, in addition to matters concerning the prevention of unfair competition and the protection of personal rights, particularly if breached through advertising and other commercial activities, including research and inventive activities.

It is compulsory for the parties to be represented by a lawyer, both in the first and second instance. This requirement does not apply where the value of the dispute is less than 20,000 PLN (euro 5,000). Furthermore, the Court can exempt the parties from the obligation to be represented by a lawyer if the circumstances justify it, in particular, because of the low degree of complexity of the case.

Specialized IP Courts:

The examination of intellectual property cases will be entrusted in the first instance by four specialized departments of the regional Courts in the cities of Warsaw, Gdansk, Lublin, and Poznan; and two appellate Courts in Warsaw and Poznan.

However, the Regional Court in Warsaw will be the only Court reviewing IP cases of high technical complexity, those are cases concerning computer programs, inventions, utility models, topographies of integrated circuits, plant varieties, and technical trade secrets.