From 1 November 2007, simpler procedures have been introduced at the Polish Patent Office for inventions, utility models, industrial patterns, trademarks and geographical indications.
The changes will help business in particular, because they enable cases to be dealt with more quickly and with less paperwork, especially applications for inventions and utility models. They include:
- allowing applications to (and correspondence with) the
Patent Office to be made electronically
- simplifying the process for determining the sequence of
applications for legal protection, relating to the date and
manner of sending translations of priority proof and
statements about the basis for exercising earlier
priority
- shortening the time needed to examine applications by
removing the compulsory waiting period for receiving third
party comments on the patent-worthiness of inventions
- allowing forced licences to be granted for industrial
patterns, entitling another person to use an industrial
pattern where the pattern owner has abused its registered
rights
- introducing a procedure for Poland to allow the
international registration of trademarks (under the Madrid
Agreement and Protocol) and establishing principles for the
pursuit of claims arising out of such rights
- removing restrictions on the trade of trademark rights
and on changing the trademark category. This will help
businesses protect their trademark rights especially when
changing to a new form of business activity or starting a new
venture with another business
- liberalising the market for the manufacture and sale of
spare parts by independent manufacturers, especially for
cars, by limiting the protection of industrial
patterns.
Law: amendment to the Industrial Property Law
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The original publication date for this article was 03/12/2007.