Under the Art. 4.1 and 9.1 of the Polish Act of 15 Nov 2002 on patent attorneys, a patent attorney provides professional advice and represents – Polish and non-Polish – natural and legal persons, as well as organizations in any and all industrial property matters.
Art. 1.2 of Paris Convention for the Protection of Industrial Property of March 20, 1883 describes indutrial property objects as:
- utility models,
- industrial designs,
- service marks,
- trade names,
- indications of source or appellations of origin,
- the repression of unfair competition.
The unfair competition, under Art 3.1 of the Polish Act on 16 April 1993 on repression of unfair competition, means any “activity contrary to the law or good practices which threatens or infringes the interest of another entrepreneur or customer”, such as:
- misleading designation of the company,
- false or deceitful indication of the geographical origin of products or services,
- misleading indication of products or services,
- imitating products,
- unfair or prohibited advertising,
- slandering or dishonest praise,
Under Art. 283 and 284187 of the Act of 30 June 2000 Industrial Property Law, cases involving civil law claims in the field of industrial property protection, such as matters concerning infringement of a patent, a right of protection (trade marks, utility models) or a right in registration (industrial designs, geographical registrations, topographies of integrated circuits) not falling within competence of other authorities shall be decided in civil law procedure in accordance with the general principles of law.
Details on our service portfolio in the matters of infringement of exclusive rights are also discussed on other pages of our website concerning particular industrial property objects.
Our office can assist you in all above matters. We can perform any all activities related to cases of infringement and unfair competition, such as:
- writing and responding to cease and desist letters,
- alternative dispute resolution,
- negotiating and drafting agreements (e.g. co-existence, licensing, assignment),
- representing clients before common courts,
- contacting police and prosecution,
- preparing and filing of interim injunction requests to secure evidence/claims
- contacting customs offices and other authorities ruling on industrial property matters, such as Consumer and Competition Protection Office, Trade Inspectorate, Consumer Ombudsmen.
IMPORTANT: Any persons not having their domicile or seat in Poland, in proceedings before the Patent Office of the Republic of Poland in matters relating to the filing and processing of applications and maintenance of the protection (including fee payments) of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits may only act when represented by a patent attorney entered in the Patent Attorneys’ Register kept by the Patent Office of the Republic of Poland whose address for services is in Poland (Article: 236 of the Industrial Property Law).
A comprehensive list of registered attorneys is available on the website of Polish Chamber of Patent Attorneys.