FAQ - Infringements of IP rights
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.
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.
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.
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.
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 )
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.
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.
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.