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"Trademark registration in Poland: which route to choose?" |
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Litigation and infringement:
1. What are the rights resulting from registration of a trademark in Poland?
Registration of a trademark confers the exclusive right to use the trademark for profit
or for professional purposes throughout the territory of the Republic of
Poland.
2. What are the rights resulting from obtaining a patent?
A patent confers the exclusive right to exploit the invention for profit or for
professional purposes throughout the territory of the Republic of Poland.
3. What are the rights of an inventor or a utility model/ industrial design creator ?
The inventor is entitled to apply for an exclusive right, to remuneration and to be cited in
specifications, registers, documents and publications.
4. Is it possible to invalidate a registered trademark and on what base?
The right of protection for a trademark may be invalidated in whole or in part at request of
any party having legitimate interest therein, provided that it is proved that the statutory
requirements for the grant of that right have not been satisfied.
5. Is it possible to set aside a Polish Patent Office decision granting a patent?
There are two possibilities:
- opposition (within 6 months from publication of notice of grant in the Polish
Patent Office newsletter)
- request for invalidation (no time limits, legitimate interest required )
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6. When are the exclusive rights granted by the Polish Patent Office enforceable?
The exclusive rights granted by the Polish Patent Office are enforceable after grant and in
respect of the period beginning on the day following the date of publication by the Polish
Patent Office of the application for the right. In case an infringing person was notified
earlier by the holder of the right (applicant) about the pending application, from the
date of notice.
7. Who can represent persons not having their domicile or seat in Poland before the Polish
Patent Office?
Persons not having their domicile or seat in Poland may only act when represented by a
patent agent.
8. Who can act as an agent before the Polish Patent Office?
A registered patent agent inscribed on the list held by the Polish Patent Office.
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