Intellectual property | In Principle

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Intellectual property

Exclusive rights in Poland governing industrial property, i.e. trademarks, patents, industrial designs and utility models, as well as geographical designations, are registered by the Polish Patent Office. The office also reviews cases concerning invalidation and expiration of exclusive rights. Appeals in such cases take place before the administrative courts (province administrative court and the Supreme Administrative Court).

Exclusive EU rights, e.g. Community trademarks and designs, are registered by the Office for Harmonisation of the Internal Market. Appeals against its decisions are reviewed by EU courts, i.e. the General Court and the European Court of Justice.

Disputes pertaining to violations of intellectual property rights and unfair competition are adjudicated by the common courts—civil and criminal. Disputes involving violation of rights of a Community nature are adjudicated by the Community Trademark and Industrial Design Court in Warsaw.

Internet domain name disputes are resolved by arbitration courts at the Polish Chamber of Information Technology and Telecommunications and the Polish Chamber of Commerce.

Proceedings involving customs protection are conducted by customs authorities and on appeal before the administrative courts.

Civil, criminal and administrative proceedings are conducted pursuant to the Civil Procedure Code, the Criminal Procedure Code and the Administrative Procedure Code, respectively. These procedures are modified for certain issues by laws regulating specific intellectual property rights.