Civil proceedings in intellectual property cases
The commentary, drafted by a group of legal practitioners with trial experience in intellectual property cases, analyses issues raised by key changes introduced by the 2020 amendment of Poland’s Civil Procedure Code, introducing separate proceedings in intellectual property cases.
The commentary discusses:
- The separate nature of the new proceedings and the scope of matters covered
- Litigation instruments ensuring access to information and evidence in intellectual property proceedings:
- Securing evidence
- Disclosure or turnover of evidence
- Summons to provide information
- New types of special claims in intellectual property cases
- Counterclaims for invalidation or revocation of rights to a trademark or industrial design
- Claims for a declaration that certain facts do not constitute infringement of a patent, supplementary protection, protective rights or registration rights.
The volume presents practical aspects of applying these institutions and measures from the point of view of a trial attorney. It also analyses the existing caselaw from the intellectual property courts, which the authors obtained via access to public information.