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On 8 February 2006 the Supreme Administrative Court in Poland judging in bench of composed of seven judges decided that Article 33 of TRIPS Agreement in relation to Article 70 item 2 of TRIPS Agreement is self executing and ought to be applied directly.

Consequently, the duration of patents granted for period of 15-years and being valid in Poland on the date when the TRIPS Agreement entered into force for Poland, can be prolonged to the period of 20-years by virtue of the individual decisions of the Patent Office. The 20-years period of patent protection is calculated as from the date of filling the patent application. (reference symbol of the case: II GPS 1/05).