Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Patents
6.
Patent infringement
6.1
What Constitutes Patent Infringement?
Poland

Answer ... Any unauthorised exploitation of a patented invention for professional or commercial purposes constitutes patent infringement. This includes:

  • making, using, offering or putting on the market a product that is the subject matter of the invention, or importing such a product for such purposes; and
  • utilising a process that is the subject matter of the invention, or using, offering, putting on the market or importing for such purposes a product directly obtained through that process.

In accordance with the latest amendments to the Act on Industrial Property adopted on 16 October 2019, which will enter into force in the first quarter of 2020:

  • the list of actions in the first bullet above will be expanded to include the stockpiling, storage and export of products that are the subject matter of the invention; and
  • the list of actions listed in the second bullet will be expanded to include the stockpiling, storage and export of products obtained directly through the patented process.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.2
Does your jurisdiction apply the doctrine of equivalents?
Poland

Answer ... A doctrine of equivalents for defining the scope of a patent is not explicitly stipulated in the Act on Industrial Property. The scope of protection is determined by the claims contained in the patent specification; the patent specification and drawings may be used to interpret the claims.

As Poland is a contracting state of the European Patent Organization, it is bound by the EPC and the Protocol on the Interpretation of Article 69 EPC of 5 October 1973, as revised by the Act revising the EPC of 29 November 2000 (the so-called ‘Munich EPC Act’), is applicable in Poland. Thus, for the purpose of determining the extent of protection conferred by a patent, due account shall be taken of any element which is equivalent to an element specified in the claims.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.3
Can a party be liable if the patent infringement takes place outside the jurisdiction?
Poland

Answer ... Yes – in accordance with the prescriptions of the Brussels Ibis Regulation applicable in Poland, a party can be liable if the patent infringement takes place outside the jurisdiction.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.4
What are the standards for wilful infringement?
Poland

Answer ... In professional business, ‘wilful infringement’ may be understood not only as intentional actions (ie, undertaken in the knowledge the solution is patented), but also as a lack of due diligence in checking whether a solution is patented.

Whether an infringement is wilful will determine which compensatory remedies may be sought (see question 6.13).

For more information about this answer please contact: Marta Kawczynska from Polservice
6.5
Which parties can bring an infringement action?
Poland

Answer ... An infringement action may be initiated by the patent holder or by an exclusive licensee which is registered in the Patent Register of the PPO, where the exclusive licence agreement does not preclude this.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.6
How soon after learning of infringing activity must an infringement action be brought?
Poland

Answer ... Because of the expiration of claims, there is a limited timeframe within which to file a patent infringement suit. Claims expire three years after the date on which the patent holder learns of the infringement; and this cannot be more than five years after the infringement occurred.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.7
What are the pleading standards to initiate a suit?
Poland

Answer ... In the statement of claims, the claimant should outline the scope of its patent, the alleged infringement and why and how the infringement took place. All claims, demands, evidence and formal requests should be included in the statement of claims. The claimant should also calculate the value of claims and pay the relevant court fee (which is calculated based on the value of claims).

For more information about this answer please contact: Marta Kawczynska from Polservice
Poland
No answer submitted for this question.
6.9
What are the jurisdictional requirements for each venue?
Poland

Answer ... All IP matters are heard at the district civil court level. In determining jurisdiction, the general rule of actor sequitur forum rei applies.

However, plans are underway to establish specialist IP courts in Poland. The relevant regulations are under preparation, although what this system will ultimately look like and when it will become operational are as yet unknown.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.10
Who is the fact finder in an infringement action?
Poland

Answer ... The fact finder in an infringement action is the district civil court that examines the matter. However, to clarify technical issues relating to the patent, the court may appoint a court expert and base its judgment on his or her opinion.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.11
Does the fact finder change based on venue?
Poland

Answer ... No.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.12
What are the steps leading up to a trial?
Poland

Answer ... According to a new regulation which will enter into force in November 2019, once the claimant has filed its statement of claims and the defendant has filed its response, a preparatory court session shall took place. At this session, the court will accept or dismiss the evidence and formal requests presented by the parties, and set out a plan for the trial (eg, number of hearings).

For more information about this answer please contact: Marta Kawczynska from Polservice
6.13
What remedies are available for patent infringement?
Poland

Answer ... The patent holder or another person permitted by law may demand:

  • cessation of infringement;
  • recovery of unlawfully earned profits; and
  • in case of wilful infringement, compensation for damages – either:
    • on general terms (ie, the patent holder must prove the loss caused by the infringement); or
    • based on the corresponding licence fee or other remuneration which would be have been payable to obtain authorisation to exploit the invention.

For more information about this answer please contact: Marta Kawczynska from Polservice
6.14
Is an appeal available and what are the grounds to appeal?
Poland

Answer ... Yes. An appeal may be brought against both factual and legal findings of the first-instance court which the appellant believes are incorrect.

For more information about this answer please contact: Marta Kawczynska from Polservice