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intellectual property

A holiday feast of Polish delicacies—it’s the law
The traditional Polish dinner on Christmas Eve is expected to offer an even dozen items. Considering how quickly the favourite items disappear at our law firm’s annual holiday reception, some gourmands would probably be happy to increase the “statutory” number of dishes. This year a lot of the nibbling was done by Santa’s drivers—Rudolph and company.
A holiday feast of Polish delicacies—it’s the law
How does a Lego brick differ from Rubik’s Cube?
They have much in common. Both of these creative toys develop dexterity, logical thinking skills and imagination. But the European Court of Justice has held that the shape of Lego bricks is determined solely by their functional characteristics, while the EU’s General Court has found the opposite to be true of the shape of Rubik’s Cube. In practice this means that a graphic presentation of a Lego brick cannot be a trademark, but a graphic presentation of Rubik’s Cube can.
How does a Lego brick differ from Rubik’s Cube?
A cookie is a cookie
It seems the OHIM register of industrial designs won’t be fattening up on baked goods anymore.
A cookie is a cookie
Refiling of a trademark doesn’t always protect the holder against sanctions for failure to use the mark
Recent EU case law shows that the owner of a trademark refiling the same mark in order to evade the requirement to use the mark should expect to be accused of acting in bad faith and required to prove actual use of the mark, even if less than 5 years has passed since registration of the mark.
Refiling of a trademark doesn’t always protect the holder against sanctions for failure to use the mark
Gathering evidence of infringement
Businesses suspecting that their copyrights, trademarks, patents or industrial designs are being infringed by competitors often find it difficult to obtain evidence of the infringement sufficient to make a case in court. They are also concerned that if they wait until filing of the statement of claim to seek production of evidence, the defendant will have time to get rid of the evidence of the infringement.
Gathering evidence of infringement
Expensive apologies
A trademark infringer may be ordered not only to cease and desist, but also to pay damages and court costs and to bear the heavy expense of publishing the judgment and apologies.
Expensive apologies
Pay to play?
The “War of Tanks” case reveals certain dangers in the “freemium” model for startups.
Pay to play?
The renown of a famous trademark must be proved
There is no statutory definition of a “renowned” trademark under EU or Polish law, but the concept functions in legal practice, and reliance on a renowned trademark may be an important argument in the event of litigation.
The renown of a famous trademark must be proved
No two faces are quite the same
An industrial design, which protects the external appearance of a product, may not be the same as a trademark, which designates the origin of goods. Thus there may be a conflict between the registration rights to a design and a trademark.
No two faces are quite the same
Polish branch of a foreign business cannot register a trademark
If a foreign business entity is interested in protecting a trademark in Poland, it must apply for registration of the mark in its own name. The Polish branch of the foreign business will not obtain registration of the mark.
Polish branch of a foreign business cannot register a trademark
Poland: legislative amendments could help to better enforce cessation claims under IP law
A problem in protecting intellectual property rights was ensuring the effectiveness of court orders that infringement of those rights cease; a proprietor did not have fully effective measures to be able to enforce such an order.
Poland: legislative amendments could help to better enforce cessation claims under IP law
May counterfeit and pirated goods in transit through the EU be seized and destroyed?
The European Court of Justice has clarified its holdings on the issue of transit of infringing goods through EU territory.
May counterfeit and pirated goods in transit through the EU be seized and destroyed?