On February 19th, 2020 the President of Poland signed the
amendment of the Polish Code of Civil Procedure introducing specialized intellectual
property courts in Poland. Most of the amended provisions will enter into
force on July 1, 2020. From that moment, intellectual property cases will be
heard by specialized IP courts only: 2 courts of appeal in Poznan and Warsaw
and 4 regional courts in Warsaw, Gdańsk, Poznan and Lublin (in place of the currently
existing 45 regional courts and 11 courts of appeal). Cases initiated before
the entry into force of the new provisions will continue according to the
The scope of matters covered by the new organization of the proceedings is very broad, including:
· protection of copyright and related rights,
· inventions, utility and industrial designs,
· geographical indications,
· topography of integrated circuits,
· protection of other rights on intangible assets (intellectual property matters),
· preventing and combating unfair competition,
· the use of a personal good for the purpose of e.g. advertising or promotion of an entrepreneur, goods or services or in connection with scientific or inventive activities.
The Regional Court in Warsaw will be exclusively competent in matters of intellectual property regarding computer programs, inventions, utility models, topographies of integrated circuits, plant varieties and trade secrets.
Foreseen amendment introduces new types of proceedings that will allow a more comprehensive examination of IP disputes. Among others, the new bill provides possibility to file counterclaims in infringement matters, with request for invalidation or revocation of a trademark or for invalidation of an industrial design. The new provisions cover also requests for disclosing or issuing evidence held by the defendant, in particular bank, financial or commercial documents concerning the infringement.
The amendment is widely considered as a positive change that will lead to improving the quality of case law and its consistency.
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