Innovaccess - Intellectual Property Portal

Registered Design

You can find all the information of Poland about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 


 

Defensive Actions

 

Nullity Action (declaration of invalidity)

General information

Icon Who can file an application for declaration of invalidity of my design?

A right in registration for an industrial design may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right in registration for an industrial design have not been satisfied.

The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right in registration for an industrial design be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 117 paragraph 1)

The finding that the exploitation of the industrial design infringes third parties’ personal or author’s economic rights shall also constitute a ground for invalidation of the right in registration.(Industrial Property Law Article 117)

Icon Can I file an application for declaration of invalidity of someone else's design?

A right in registration for an industrial design may be declared invalid in whole or in part at the request of any person having a legitimate interest therein, who is able to prove that the statutory requirements for the grant of a right in registration for an industrial design have not been satisfied.

The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the public interest, request that a right in registration for an industrial design be invalidated or intervene in an invalidation action already pending.
(Industrial Property Law Article 89 with reference to Article 117 paragraph 1)

The finding that the exploitation of the industrial design infringes third parties’ personal or author’s economic rights shall also constitute a ground for invalidation of the right in registration.(Industrial Property Law Article 117)

Icon Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?

Without time limit

Opposition

General information

Icon Who can file an objection against my design?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)

Icon Can I file an objection against a someone else's design?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)

Icon Are there specific deadlines/timeframes which I have to observe in connection with objection proceedings?

Within six months from the publication in “Wiadomosci Urzedu Patentowego” of the mention of the grant of a title of protection, any person may give reasoned notice of opposition to a final decision of the Patent Office on a right in registration.

The opposition referred to in paragraph (1) may be filed on the same grounds, on which a right in registration may be invalidated.
(Industrial Property Law Article 246)

Icon Who will take a decision on the objection?

The Patent Office shall immediately communicate the opposition referred to in Article 246 to the right holder and invite him to file his observations within a fixed time limit.

Where, following the communication of the Patent Office referred to in paragraph (1), the right holder claims the opposition to be unjustified, the case shall be submitted for examination in litigation proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant of a right in registration, and discontinue the proceeding.
(Industrial Property Law Article 247)

The Patent Office shall make a decision in litigation procedure on invalidation of a right in registration.
(Industrial Property Law Article 255)

Decisions made and orders issued by the Patent Office shall be subject to complaint to the administrative courts. (Industrial Property Law Article 248)

 

Proactive Measures

 

Customs Seizure

General information

Icon What does customs seizure mean?

Applicable Laws:

  • REGULATION (EU) No 608/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
    COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013

How to proceed

Icon What initial steps are necessary?

Application for customs action:

The right holder may submit an application for customs action. There are 2 basic requirements concerning the application:

  1. 1. It has to contain a sufficiently accurate description to make selection and identification possible.
  2. 2. The right holder has to prove that s/he owns intellectual property right, or that s/he is the authorised user of the right.
  • Application is free of charge
  • Applicant is notified of the customs decision within 30 working days of the receipt of the application
  • If an application for action is granted, the competent customs department specifies the period during which the customs authorities are to take action (generally one year). This period may be extended upon request, at the latest 30 working days before the expiration of the initial application for action
  • An application should be submitted on specific forms (model forms are annexed to COMMISSION IMPLEMENTING REGULATION (EU) No 1352/2013).

Note: application for action may be taken both as a preventive measure and as a reaction to infringements.

The agency responsible for investigating these applications in Poland is Customs Chamber in Warsaw

Contact details for submiting applications  in Poland:

Customs Chamber in Warsaw
Erazma Ciolka 14 A
01-443 Warsaw
Poland
Tel: +48 22 544 75 67

Fax: +48 22 544 75 68

e-mail: witw@war.mofnet.gov.pl

 


 

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