ACT

of 30 June 2000

Industrial property right

• Metric
• Codified text

Title I

General provisions

Article 1. [ Regulatory scope] 1. The Act shall normalises:

1) relations in the scope of inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits;

2) the rules on which entrepreneurs may adopt rationalisation projects and reward their creators;

3) the tasks and organization of the Patent Office of the Republic of Poland, hereinafter referred to as the "Patent Office".

2. The provisions of the Act shall not prejudice the protection of the objects referred to in the paragraph. 1 point 1, as provided for in other statutes.

Article 2. [ Unfair Competition-Referral] The fight against unfair competition is regulated by a separate law.

Article 3. [ Definitions] 1. Whenever the law is referred to:

1) [ 1] a person shall be understood to mean a natural, legal or organisational entity which has no legal personality, the law of which is granted legal capacity;

2) a foreign person-it is understood by this person not having the Polish citizenship and the place of residence or establishment or serious establishment in the area of the Republic of Poland, respectively;

3. economic operators, shall be understood by that person for the purposes of commercial, construction, commercial or service activities, hereinafter referred to as "business activity";

4) of the international agreement-it is understood by this international agreement to which the Republic of Poland is a party;

5) of the Paris Convention-this is understood by the Stockholm Act amending the Paris Convention for the Protection of Industrial Property of 20 March 1883. (Dz. U. of 1975. Nr 9, pos. 51);

6) inventive projects-it is understood by this inventions, utility models, industrial designs, topographies of integrated circuits and rationalization projects;

7) International Bureau-it is understood by this International Bureau of Intellectual Property established under the Convention on the Establishment of the World Intellectual Property Organization, drawn up in Stockholm on 14 July 1967. (Dz. U. of 1975. Nr 9, pos. 49);

(8) the international trade mark shall be understood by that trade mark registered in accordance with the procedure laid down in the Agreement or Protocol;

9) The Agreement is understood by the Madrid Agreement on the International Registration of Marks of 14 April 1891. (Dz. U. of 1993 Nr 116, pos. 514 and 515);

(10) Protocol-This is understood by the Protocol to the Madrid Agreement on the International Registration of Marks, drawn up in Madrid on 27 June 1989. (Dz. U. 2003 r. No 13, pos. 129 and 130);

(11) the Convention on European Patent-This is understood by the Convention on the Grant of European Patents, drawn up in Munich on 5 October 1973, as amended by the Act amending Article 63 of the Convention of 17 December 1991. and the decisions of the Administrative Board of the European Patent Organisation of 21 December 1978, 13 December 1994, 20 October 1995, 5 December 1996. and 10 December 1998, together with the Protocols forming an integral part thereof (Dz. U. of 2004 Nr 79, pos. 737 and 738);

12) [ 2] Geneva Act-The Geneva Act of the Hague Agreement on the International Registration of Industrial Designs, adopted in Geneva on 2 July 1999, is understood to mean. (Dz. U. 2009 r. No 198, pos. 1522);

13) [ 3] an international industrial design-it is understood by this industrial design registered in the mode set out in the Geneva Act.

2. [ 4] The provisions of the Act on Entrepreneurs apply accordingly also to persons carrying out activities other than business activity.

Article 4. [ Application of provisions of the Act] 1. If the international agreement or European Union law applicable directly in the Member States determine the specific mode of granting protection for inventions, utility models, industrial designs, trademarks, geographical indications or topographies of integrated circuits, in cases not covered by this agreement or in those provisions or those left within the competence of the national authorities, the provisions of the Act shall apply mutatis mutandis.

2. The international agreement or the provisions referred to in the paragraph. 1, they shall determine, in particular, the language of the procedure relating to the granting of protection and in what language the documentation of the applications of inventions, utility models, industrial designs, trade marks should be drawn up, geographical indications and topographies of integrated circuits.

Article 5. [ Foreign powers] 1. Foreign persons benefit from the powers resulting from the Act on the basis of international agreements.

2. Foreign persons may, if it does not violate the provisions of international agreements, exercise the powers resulting from the Act on the basis of reciprocity. The conditions for reciprocity, for the purpose of proceedings before the Patent Office, shall state, after consulting the competent Minister, the President of the Patent Office.

Article 6. [ Property Of Patent Office] 1. Patents and additional protective rights for inventions, protective rights on utility models and trademarks, as well as the rights of registration for industrial designs, topographies of integrated circuits and markings shall be provided under the conditions specified in the Act geographical.

2. In the cases referred to in paragraph. 1, the Patent Office is competent.

Article 7. [ Rationalizer project] 1. Entrepreneurs may provide for the adoption of rationalisation projects under the conditions set out in the rules of the rationalization of which they are determined.

2. An entrepreneur may consider as a rationalization project, within the meaning of the Act, any solution suitable for use, not being a patented invention, utility model, industrial model or a topography of a chip.

3. In the Rules of Procedure referred to in paragraph 1. 1, the entrepreneur shall specify at least what solutions and by whom he considers himself to be in the enterprise for the rationalisation projects, as well as the way of handling the reported projects and the rules for rewarding the creators of these projects.

Article 8. [ Rights of creators] 1. Under the conditions specified in the Law of the originator of the invention, utility model, industrial design and topographies of the integrated circuit shall be entitled to:

1) obtain a patent, a protective right or the right of registration;

2. remuneration;

3) to exchange it as creators in descriptions, registers and other documents and publications.

2. The creator of the rationalization project adopted by the entrepreneur for use shall have the right to remuneration as specified in the Rules of Procedure referred to in art. 7 ust. 1, in force on the date of notification of the project, unless the later issued rules are for the creator more favourable. The provisions of the paragraph 1 point 3 shall apply mutatis mutandis.

3. The provisions of the paragraph. 1 and 2 shall also apply to the co-creator.

Article 9. [ Representatives of social organisations] Representatives of social organisations whose scope of action belong to the promotion of industrial property may, in accordance with their statutes, provide assistance to the creators of inventive projects and perform in their interests before the authorities of the dimension justice and, subject to Article 236, before the Patent Office.

Title II

Inventions, utility formulae and industrial designs

SECTION I

Common provisions

Article 10. [ Decision to grant the patent] 1. The issue of the decision to grant the patent for the invention and the protective law on the utility model follows the verification by the Patent Office, within the established scope, whether the conditions required to obtain the patent or protective law are fulfilled.

2. The issue of the decision to grant the right of registration of the industrial design shall take place after the verification in the Patent Office of the correctness of the declaration of this design.

Article 11. [ Right to obtain a patent] 1. The right to obtain a patent for an invention or a protective right on a utility model, as well as the right of registration of the industrial design shall be entitled, subject to the paragraph. 2, 3 and 5, the creators.

2. The co-authors of the invention, utility model or industrial design authority to obtain a patent, a protective law or the right of registration shall be granted jointly.

3. In the event of making an invention, utility model or industrial design as a result of the performance by the creator of duties from the employment relationship or from the implementation of another contract, the law referred to in the paragraph. 1, shall be entitled to the employer or the contracting authority, unless the parties have agreed otherwise.

4. In the contract between the entrepreneurs may be defined by the entity to whom the rights referred to in the paragraph are entitled. 1, in the case of an invention, utility model or industrial design in connection with the performance of the contract.

5. In the event of an invention, utility model or industrial design by the developer with the help of the entrepreneur, the entrepreneur may benefit from this invention, utility model or industrial design in his own right. In the contract for the assistance of the parties, the parties may determine that the trader is entitled, in whole or in part, to the right referred to in paragraph 1. 1.

Article 12. [ Marketability and Inheritance of the Right to Patent] 1. The right to obtain a patent for an invention, a protective right on a utility model or the right of registration of an industrial design is negotiable and subject to inheritance.

2. The contract for transfer of the law referred to in paragraph. 1, requires, under the rigorous annulment, the conduct of the written form.

Article 13. [ Application for invention] 1. The priority to obtain a patent, a protective right or the right of registration shall be marked, subject to the provisions of the art. 14 and 15, according to the filing date of the invention, utility model, or industrial design in the Patent Office.

2. The notification shall be deemed to have been made, subject to art. 31 par. 4, on the day when it affected the Patent Office with the conduct of the written form also by means of facsimile or in electronic form.

3. In case of transmission of the call to the fax, the original of the application should reach the Patent Office within 30 days from the date of the notification of the call. This time limit shall not be reinstated.

4. If the declaration sent by fax is unreadable or is not identical to the original delivered, the date of filing shall be deemed to be the date on which, in accordance with the paragraph. 3 the original was delivered.

5. Paragraph Recipe 4 shall apply mutatis mutandis where the original is delivered after the time limit referred to in paragraph 1. 3; in this case, the notification sent by fax shall be deemed to be non-bovine.

6. In the case where the notification sent in electronic form contains harmful software, the Patent Office is not obliged to open such correspondence and its further processing. In such a case, and where the notification sent is unreadable, the effect referred to in paragraph 1 shall not be produced. 1.

7. By electronic form of the application shall be understood to be determined in the transmission of the application by means of a telecommunications network or on an IT data medium within the meaning of the Article. 3 point 1 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235).

8. In the cases referred to in paragraph. 6, unless some of the parts of the notification are unreadable, it is considered that they have not been submitted. The provisions of Article 4 31 par. 3-5 shall apply mutatis mutandis.

9. The Patent Office shall notify the notifier without delay, using the same medium, that the notification sent by fax is wholly or partly unreadable, or that one of the cases referred to in paragraph 1 has been taken. 6 or 8, where it is possible to determine the e-mail address or identity of the declarant and its address and does not threaten the security of the teleinformatics system of the Patent Office, within the meaning of art. 2 point 3 of the Act of 18 July 2002. on the provision of services by electronic means (Dz. U. No 144, pos. 1204, with late. zm.), and allow for the technical considerations used by the notifier of the media.

Article 14. [ Preference in obtaining a patent] The priority to obtain a patent, a protection law or the right of registration shall be granted in the Republic of Poland, in accordance with the rules laid down in international agreements, according to the date of the first correct application of the invention, utility model, or industrial design in a designated country, if, from that date, the notification in the Patent Office has been made during the period:

1) 12 months-in the case of reports of inventions and utility models;

2) 6 months-in the case of industrial design reports.

Article 15. [ Preference in obtaining a patent-marking rules] Priority to obtain a patent, a protective right or a right of registration shall mean, on the basis of the rules laid down in international agreements, by the date of issue of the invention, utility model or industrial design in Poland or abroad, on an international exhibition officially or officially recognised, if the application in the Patent Office of the invention, utility model or industrial design is made within a period of six months from that date.

2. (repealed).

3. (repealed).

4. (repealed).

Article 16. [ Precedence in getting a patent-meaning by date] If the invention, utility model or industrial design, which is the subject of the first correct notification, was previously exhibited at the exhibition and used, from the date of issue until the date of filing, of the temporary protection provided for in the Convention Paris, the first priority to obtain a patent, a right of protection or the right of registration referred to in art. 14, and the beginning of the time limits for filing the application in the Patent Office shall be determined by the date of issue of the invention, utility model or industrial design in the exhibition.

Article 17. [ Marketability and succession of primacy in obtaining a patent] 1. The priority referred to in art. 14 and 15 (prior priority), is negotiable and subject to inheritance.

2. An agreement to transfer the priority referred to in paragraph. 1, requires the annulment of the conduct of the written form under the rigorous

Article 18. [ Declaration of invention by two persons] Where the application of the invention, utility model or industrial design has been carried out independently of one another at least two persons who take precedence over the same date, the right to obtain a patent, a right of protection or the right of registration they are entitled to any of these persons.

Article 19. [ Proof of filing] 1. At the request of the declarant, the Patent Office shall issue, in order to claim the priority abroad, proof of filing the invention, utility model or industrial design in the Patent Office (proof of priority).

2. The basis for drawing up proof of priority may be only a declaration meeting the requirements laid down in the Act, as giving the basis for recognition of it as made.

Article 20. [ Disposal of the entrepreneur's right] The creator of the invention, utility model or industrial design entitled to obtain a patent, protective law or registration right may transfer this right free of charge or for the agreed payment to the entrepreneur or to transfer the invention, the formula utility or industrial design for use.

Article 21. [ Transmission for use: invention, utility model or industrial design] In the case of transfer of invention, utility model or industrial design for use in accordance with art. 20, on the day of its submission in writing occurs the transition to the entrepreneur of the right to obtain a patent, a protective right or the right of registration, subject to the acceptance of the invention, utility model or industrial design by the entrepreneur to the use and notification of that creators within 1 month, unless the parties agree on a different date.

Article 22. [ Remuneration for the use of the invention, utility model or industrial design] 1. If the parties have not agreed otherwise, the originator of the invention, utility model or industrial design shall have the right to pay for the use of this invention, utility model or industrial design by the entrepreneur when the right to use it or the right to obtain a patent, a protective right or a right of registration shall be entitled to an entrepreneur on the basis of an art. 11 (1) 3 and 5 or art. 21.

2. If the parties have not agreed on the amount of remuneration, the remuneration shall be determined in due proportion to the advantage of the entrepreneur from the invention, utility model or industrial design, taking into account the circumstances in which the invention, utility model either the industrial design has been carried out, and in particular the scope of the aid developer in making the invention, utility model or industrial design and the scope of the employee's employee duties in connection with the making of the invention, the utility model either an industrial design.

3. [ 5] If the contract does not provide otherwise, the remuneration shall be paid in whole or in part.

4. [ 6] The entire remuneration shall be paid no later than two months from the date of first gain from the invention, the utility model or the industrial design. In the case of payment of remuneration in parts thereof, the first part shall be paid within the period referred to in the previous sentence and the other parts shall be paid no later than two months after the expiry of each year, but not later than 5 years, Starting from the day of first gain.

Article 23. [ Increase of the remuneration of the creator of the invention] Remuneration of the creator of the invention, utility model or industrial design, determined and paid under the provisions of art. 22 par. 2 and 3, should be increased if the benefits achieved by the entrepreneur prove to be significantly higher than the benefits accepted as a basis for the determination of the remuneration paid.

SECTION II

Inventions and patents

Chapter 1

Invention

Article 24. [ Patents] Patents are granted-regardless of the field of technology-for inventions, which are new, possess the level of invention and are suitable for industrial application.

Article 25. [ Invention] 1. The invention is considered to be new, if it is not part of the state of the art.

2. By state of the technique is understood all that, before the date on which the priority of obtaining a patent means, was made available to the general public in the form of a written or oral description, by application, exhibition or disclosure in other ways.

3. The information contained in the declaration of inventions or utility models using prior priority, which is not made available to the universal message, shall also be considered as forming part of the state of the art, provided that they are advertised in a manner that is not available to the public. specified in the Act.

4. [ 7] The provisions of the paragraph 1-3 do not exclude the possibility of granting a patent for an invention concerning substances or mixtures forming part of a state of the art to be used or applied in a strictly defined manner in the treatments or diagnostics referred to in art. 29 par. 1 point 3, provided that such use does not constitute part of the state of the art.

5. [ 8] The provisions of the paragraph 1 and 2 do not exclude the possibility of granting a patent for an invention, if its disclosure occurred not earlier than six months before the date of filing of the invention and was due to obvious misuse in relation to the declarant or his A legal predecessor.

Article 26. [ Inventor level] 1. The invention is considered to have an invention level, if the invention does not result in the expert, in a clear way, from the state of the art.

2. When assessing the level of inventions, the notifications referred to in Article shall not be taken into account. 25 par. 3.

Article 27. [ Industrial use of inventions] The invention is considered to be suitable for industrial use if, according to the invention, a creation can be made or used in a way, in the technical sense, in any industrial activity, without excluding agriculture.

Article 28. [ Activity not invention] For inventions, within the meaning of art. 24, shall not be considered in particular:

1) discoveries, scientific theories and mathematical methods;

2. purely aesthetic forms of products;

3) plans, rules and methods for mental or economic activities and games;

4) creations, the impossibility of which can be demonstrated in the light of the universally accepted and recognized principles of science;

4 ¹ ) [ 9] Generators or methods that:

(a) the use may not be demonstrated, or

(b) the use will not result in the result expected by the notifier.

-in the light of generally accepted and recognised principles of science;

5) programs for digital machines;

6. the presentation of the information.

Article 29. [ Prohibition of patents] 1. Patents shall not be granted for:

1) inventions, the use of which would be contrary to public order or good morals; it is not considered to be contrary to the public order to use the invention simply because it is prohibited by law;

(2) varieties of plants or animals of animals, and purely biological means of breeding plants or animals; this provision shall not apply to the microbiological means of breeding or to the products obtained by such means;

3) ways of treating humans and animals by surgical or therapeutic methods and methods of diagnosis used in humans or animals; this provision does not apply to products, and in particular substances or mixtures used in the diagnosis or treatment.

2. The method of breeding of plants or animals referred to in paragraph In the case of natural phenomena such as cross-crossing or siting, 1 point 2 shall be purely biological.

Article 30. [ Patent for an improvement or replening of the invention] Entitled from the patent can obtain a patent for improvement or supplement of the invention, which possesses the characteristics of the invention, and cannot be applied spontaneously (additional patent). You can also obtain a patent additional to an already obtained additional patent.

Chapter 2

Invention Application

Article 31. [ Application for invention] 1. The application of the invention for the purpose of obtaining a patent should include:

1) giving at least the designation of the declarant, the definition of the subject matter of the notification and the application for the grant of the patent or the supplementary patent;

2) a description of the invention revealing its essence;

3) disclaimer or patent claims;

4) abbreviation for the description.

2. The application of the invention referred to in paragraph. 1, should also contain drawings, if they are necessary to understand the invention.

3. The application of the invention, which includes at least the application and the parts appearing externally for the description of the invention and on the reservation or patent claims, gives the basis for recognition of the application for the made.

4. The Patent Office shall determine by order, under the rigorous remission of proceedings, the time limit for filing the application, if it finds that it does not contain all the parts referred to in paragraph. 3. The notification shall be deemed to have been made on the date of receipt to the Patent Office of the last missing document.

5. The Patent Office, if it finds that the application of the invention does not contain drawings, on which the declarant refers in the application, calls upon the decision, under the title of recognition for the unintentional appointments of drawings, to complete the application in the designated date. The notification shall be deemed to have been made on the date of receipt to the Patent Office of the last missing drawing.

Article 32. [ Reporting by not the inventor of the invention] If the declarant is not the creator of the invention, he should indicate in his application the creator and the basis of his right to obtain a patent.

Article 33. [ Description of the invention] 1. Subject to art. 93 ⁶ paragraph 1, description of the invention referred to in art. 31 par. 1 point 2, he should present the invention clearly and comprehensively so that the expert can make the invention a reality. In particular, the description should include a title corresponding to the invention concerned, identify the field of technology for which the invention relates, as well as the known state of the art, and to provide in a detailed manner the subject of the solution, with the an explanation of the figures of the drawings (if the application contains drawings) and an example or examples of the implementation or use of the invention.

2. (repealed).

3. [ 10] Patent claims as referred to in Article 31 par. 1 point 3, fully supports the description of the invention. They shall specify the reinvented name and the technical contribution contained therein in a concise and unambiguous manner, by providing the technical characteristics relating to the construction or composition of the product or the technical interaction of the matter or the new one. the use of a known exquidate.

3 ¹ Each disclaimer should be made clear, in one sentence or equivalent.

4. In addition to the independent reservation or the independent reservations, which should present the general characteristics of the claimed invention or of several inventions, enclosed in accordance with art. 34 in a single notification, the declaration may include an appropriate number of reservations related to the presentation of the invention variants or the specification of the characteristics listed in an independent reservation or other dependent restriction.

4 ¹ The interconnection in the system of independent reservations and related reservations should be clearly stated in the notification.

5. The abbreviation of the description referred to in art. 31 par. Article 1 (4) must contain a concise and clear indication of the subject matter and the characteristic technical characteristics of the invention and the indication of the purpose of the invention, if this is not apparent from the definition of the subject matter itself. Article Recipe 93 ⁶ paragraph 1 shall apply mutatis mutandis.

6. Drawings, referred to in art. 31 par. 2, should in a legible manner, in conjunction with the description and the patent claims, to reproduce the subject of the invention in schematic terms, without the text, except for single words, when they are necessary. The ticket may contain several drawing sheets. There may be more than one figure on one sheet, but clearly separated one from the other.

Article 34. [ The application of several inventions connected with one another] 1. The application of the invention may include one or more inventions connected to each other in such a way that they constitute clearly one idea of invention (uniformity of the invention).

2. Several inventions included in the single application meet the requirement of uniformity if the combination of them is based on one or more common or interconnected technical characteristics from among those stipulating the reserved inventions and decide on the contribution made by them to the state of the art.

Article 35. [ Use of prior priority] 1. If the applicant wishes to avail itself of the prior priority, he/she shall make a declaration and attach proof of the declaration of the invention in the specified country or issue it at the specified exhibition. Such proof may also be lodged within three months of the date of notification. The subsequent submission of such a declaration or proof shall not give rise to priority.

2. (repealed).

3. (repealed).

4. The declarant shall be obliged within three months from the date of application of the invention to send the translation of the proof referred to in paragraph. 1, to the Polish language or to another language, if this is due to the international agreement or the provisions referred to in art. 4.

5. The Patent Office shall call upon the decision, under the rigorous refusal to give prior priority, to complete the application of the invention within the prescribed period, if it finds that it does not contain the translation referred to in the paragraph. 4.

6. The applicant, who has acquired the right to use the prior priority of the application or issue of the invention made by another person, shall within three months from the date of filing of the invention a statement of the the basis of the use of prior priority. The provisions of the paragraph 5 shall apply mutatis mutandis.

Article 36. [ Patent Application attachments] The notification made in order to obtain the applicant's patent should also be accompanied by other than those mentioned in the Article. 31, 32 and 35 documents and statements, if necessary to justify the claims and requests contained in the notification. All parts of the application may be submitted in a single copy, except for the description of the invention, patent reservations, drawings and abbreviation descriptions, the number and form of which is justified by the need to be followed and the codification of the dossier.

Article 37. [ Amendment of patent claims] 1. Until the decision on the granting of the patent a declarant may, subject to the paragraph. 2, make additions and corrections to the application of the invention, which cannot go beyond what has been disclosed, on the date of filing, as the subject of the solution in the description of the invention of the invention covering the description of the invention, the reservation Patents and drawings.

2. The change of patent reservations in a way that extends the original scope of the requested protection can be made only until the notification of the application and subject to the limitation specified in the paragraph. 1.

3. In the cases referred to in paragraph. 1 and 2, and in any other case, where there is a change in the scope of the protection requested in the course of the proceedings, the declarant shall be obliged to make a revised abbreviation of the description of the invention. The provisions of Article 4 42 par. 1 and Art. 46 (1) 3 and 4 shall apply mutatis mutandis.

Article 38. [ Application for protection law on utility model] 1. In the course of consideration of the application of the invention or within a period of two months from the date of the decision to refuse to grant the patent the declarant may submit a request for protection of the application for the utility model. Such application of the utility model shall be deemed to have been made on the date of application of the invention.

2. [ 11] Application of the utility model referred to in paragraph 1. 1, it shall comply with the requirements referred to in Article 3. 31 par. 1 and Art. 97 ust. 2 and 3.

Article 39. [ Deadline for the issue of the release] 1. In the event of filing the application of the invention in violation of the provision of uniformity of the invention, made subsequently, upon the call of the Patent Office, separate filing of the inventions (declarations of the division) shall be deemed to have been made on the date of the original application.

2. [ 12] If the declarant lodges separate declarations of inventions without calling the Patent Office, where the original application did not meet the requirement of uniformity, the provision of the paragraph shall be made. 1 shall apply mutatis mutandis.

3. [ 13] The Patent Office shall refuse, by means of a provision, to grant a notification to the partial date of the original application if it considers that the application does not relate to an invention disclosed in the original notification or that the notification has complied with the requirement of uniformity. The provisions of Article 4 37 par. 1 and 2 and Art. 49 (1) 2 shall apply mutatis mutandis.

Article 39 ¹ . [ A frontal priority for a divisional application] 1. The subdivision declaration shall meet the requirements referred to in art. 31 par. 1.

2. Where the declarant wishes to use the prior priority for the notified declaration, and the statements in this case and the evidence referred to in Article 35 par. 1, together with the translation, if required, were submitted within the prescribed period to the original notification file, from which the declaration was separated, should in the application confirm those statements, and submit together with the declaration a separate copy of the evidence referred to in Article 35 par. 1, or a copy of his translation, as long as it is required. The provisions of Article 4 35 par. 5 and 6 shall apply mutatis mutandis.

3. [ 14] The Patent Office calls, by way of order, under the rigorous refusal to give prior priority to the notified declaration, to complete the declaration of the invention within the prescribed period, if it finds that it does not contain a copy of the evidence, of which Article 35 par. 1.

Article 40. [ Obtaining a patent abroad] [ 15] A person established or resident in the Republic of Poland may make a declaration of the invention, in order to obtain protection abroad, through the Patent Office, in the prescribed mode:

1) the international agreement or the legal provisions of the European Union referred to in art. 4, or

2) by this Act

-after filing this invention in the Patent Office.

Chapter 3

Consideration of the application of the invention

Article 41. [ Receipt of the invention's declaration] 1. Upon receipt of the application of the invention, the Patent Office shall give it another number, shall state the date of the impact and inform the declarant of the date.

2. The importance of the date of filing of the notification, in the cases referred to in art. 13 (1) 4 and 5 and Art. 31 par. 4 and 5, shall be made by way of order.

Article 42. [ Removal of deficiencies and malfunction of the notification] 1. After the filing of the invention, in accordance with art. 31 par. 3-5, the Patent Office in the course of its examination shall issue, subject to the paragraph. 2, the provisions requesting the declarant, under the rigorous remission of the proceedings, to complete the notification or to delete, within the prescribed time limit, the identified deficiencies and significant defects.

2. [ 16] If it is found that the notification has been made in violation of the provision of uniformity of the invention, the Patent Office shall invite the applicant, by way of order, to submit separate declarations. If the notified declaration does not affect the time limit laid down, the original application shall be deemed to relate to the invention specified in the first place in the patent claims and other inventions meeting the uniformity requirement and the others. inventions have been withdrawn by the declarant.

Article 43. [ Announcement] 1. On the filing of the invention, the Patent Office shall make the announcement, subject to the paragraph. 2 and 3, immediately after 18 months from the date of priority to obtain a patent. The applicant may, within a period of twelve months from the date of priority, apply for a notice to be made at an earlier date.

2. No notification shall be made of the notification if:

1) it concerns the invention of the secret;

(2) prior to the date of delivery of the notice, a final decision on the withdrawal of the proceedings or of the refusal of the patent was issued.

3. In the cases referred to in paragraph. 2, in the event of a cessation of reasons justifying not announcing the application of the invention, the Patent Office shall make the notice immediately after the initiation or resumption of the proceedings in the case.

Article 44. [ Request for Comments to Call Description] 1. From the day of the announcement of the invention of the invention, third parties may become familiar with the description of the invention's invention. Those persons may, until a decision on the grant of the patent, be notified to the Patent Office as to the existence of the circumstances preventing it from being granted.

2. In the description of the notification, changes of patent reservations shall be made, specifying the date of their introduction, if they received the Patent Office at least one month prior to the announcement of the invention's declaration.

Article 45. [ Proceedings before the announcement of the announcement] 1. In the period prior to the announcement of the invention of the invention, the files relating to this declaration may not be without the consent of the declarant disclosed or made available to the unauthorised persons.

2. The Patent Office may, if the declarant agrees with the application for the grant of a patent, make available to third parties only information about the filing of the application, revealing the number, date, title of the declaration and the declarant.

3. In the course of the examination of such notification, the Patent Office may, without the consent of the declarant, seek the necessary opinions. The persons involved in the preparation and publication of the opinion shall be obliged not to disclose the data relating to the notification.

Article 46. [ Call for documents and clarifications concerning the notification] 1. In justified cases, the Patent Office, checking whether the statutory conditions required to obtain the patent are met, may call for the declarant to submit within the prescribed period, under the rigorous remission of the proceedings, documents and clarifications relating to this notification and to the introduction of specific amendments or additions to the filing documentation, and to the drawing of drawings which are not necessary for the understanding of the invention, if necessary for the proper the presentation of the invention or necessary for other reasons.

2. If, after the opening of the procedure, the declarant has entered into the notification of the supplement or amendment not in accordance with the provisions of the Act, the 1 shall apply mutatis mutandis.

3. The Patent Office may, subject to the paragraph. 4, amend the notification documentation only in order to remove obvious mistakes and language errors.

4. The Patent Office may in brief description of the invention introduce also other than the one stipulated in the mouth. 3 amendments.

Article 47. [ Report] 1. The Patent Office shall draw up for each notification the invention subject to the announcement of the state of the art, including a list of publications, which will be taken into account in the assessment of the notified invention.

1 ¹ . [ 17] The provisions of the paragraph 1 shall not apply to the extent that the filing of the notification referred to in paragraph 1 is not applicable. 1, does not allow for the conduct of the search in the state of the art. In such a case, the Patent Office shall notify the applicant of the reasons for the failure to report in this respect the report referred to in paragraph 1. 1.

2. They shall immediately after the report referred to in paragraph 2 has been drawn up. 1, the Patent Office shall forward it to the declarant.

3. [ 18] In the case of the notification referred to in paragraph 1. 1, the Patent Office may draw up an initial assessment concerning the novelty of the invention, the level of invention or the requirement of uniformity. The initial assessment shall be transmitted immediately to the declarant. Making a preliminary assessment to third parties is not acceptable.

4. [ 19] After the notification referred to in Article 43, the Patent Office may make available to third parties only a report on the state of the art.

Article 48. [ A refusal to grant prior priority] The Patent Office shall issue a decision not to give prior priority, in whole or in part, if it finds that:

1) the declarant shall not be entitled to exercise prior priority;

2. a declaration made abroad, on which the declarant bases his reservation of prior priority, is not the first notification within the meaning of the provision of art. 14;

3) the exhibition, at which the issue is the basis of the reservation of prior priority by the declarant, does not meet the requirements laid down in Art. 15;

4) the invention reported in the Patent Office or the corresponding part of this invention differs from the invention to which the declarant has the prior priority;

5. the declarant shall have failed to fulfil the provisions laid down in the Article 14 and 15 terms for filing a declaration or a time limit for the submission of evidence of priority or of another document or declaration required to give priority or

6) the declarant has filed, in violation of the provision of art. 35, statement on the use of prior priority.

Article 49. [ Decision not to grant a patent] [ 20] 1. If the Patent Office finds that:

1) the conditions required to obtain a patent are not fulfilled or

2) the invention has not been disclosed in sufficient detail

-it shall issue a decision on the refusal of the patent.

2. Before the adoption of the decision referred to in paragraph. 1, the Patent Office shall designate the declarant to take a position on the evidence and material that may indicate the existence of obstacles to a patent. The evidence and materials shall be made available to the notifier in the language of their preparation and may go beyond the list covered by the report on the state of the art.

Article 50. [ Decision not to grant a patent] 1. Rules of Art. 49 shall also apply, subject to paragraph. 2, where the absence of statutory conditions required to obtain the patent applies only to the part of the notification and the applicant shall not limit the scope of the requested protection.

2. In the case where the lack of statutory conditions required to obtain the patent applies only to certain inventions, included in one notification, and the declarant does not limit the scope of the requested protection, the Patent Office in the first order refuses to grant patent for these inventions. After the decision in this case has been legitimised, the Patent Office shall issue a decision requesting the declarant, under the rigorously remission of the proceedings, to make the appropriate amendments to the notification.

Article 51. [ Decision not to grant a patent] The decision referred to in art. 49 (1) 1, the Patent Office may issue before the notification of the notification.

Article 52. [ Decision to grant the patent] 1. The Patent Office shall issue a decision to grant a patent if the statutory conditions to obtain it have been met.

2. The sharing of the patent shall be subject to payment of the fee for the first term of protection. In the event of a non-payment of the fee within the prescribed period, the Patent Office shall state the expiry of the decision to grant the patent.

Article 53. [ Entry to Patent Register] Granted patents are subject to entry in the patent register.

Article 54. [ Patent document] 1. The division of the patent shall be stated by the issue of the patent document.

2. The component part of the patent document is a patent description covering the description of the invention, patent objections and drawings. The patent description is published by the Patent Office.

Article 55. [ Rectification of Patent Description] 1. Corrigendum to the patent description may concern only obvious mistakes or typographical errors.

2. In the order of rectification, the Patent Office shall specify, at the same time, whether and to what extent:

1) the publication of the description should be republished;

2) the authorized shall cover the costs associated with the republication of the description.

3. Information about the rectification of the patent description is announced in the "News of the Patent Office".

Chapter 4

Secret invention

Article 56. [ Secret invention] 1. The invention made by a Polish citizen may be considered secret, if it concerns the defence or security of the State.

2. The inventions concerning the defence of the State are, in particular, the types of weapons or military equipment and the ways of fighting.

3. The inventions concerning the safety of the State are in particular the technical means used by the state departments entitled to carry out operational and reconnalial activities, as well as new types of equipment and equipment and the ways of them to be used by these services.

Article 57. [ A determination to conceal the invention] 1. [ 21] The secret invention is the invention of classified information, which has been given by the clauses: "top secret", "secret", "confidential" or "reserved".

2. The secrets of the invention concerning the defence or security of the State will decide, respectively, the Minister of National Defence, the Minister responsible for Home Affairs or Head of the Internal Security Agency.

Article 58. [ Notification of the secret invention] 1. The application of the secret invention in the Patent Office may be made only in order to claim the primacy to obtain a patent. During the period in which the reported invention remains secret, the Patent Office shall not consider this notification.

2. If the order of secrecy of the invention was taken upon receipt of the notification to the Patent Office, the provision of the paragraph. 1 shall apply mutatis mutandis.

Article 59. [ Right to obtain a patent for the invention of secret] 1. The right to obtain a patent for the invention of the secret reported in the Patent Office in order to claim the priority passes, for compensation, to the State Treasury represented by the Minister of National Defence, the minister competent for affairs, respectively internal or the Head of the Internal Security Agency.

2. The amount of compensation referred to in paragraph 2. 1, shall be determined according to the market value of the invention.

3. If the parties have not agreed on the amount and conditions for payment of the compensation referred to in paragraph. 1, the compensation, fixed respectively by the Minister of National Defence, the minister responsible for internal affairs or the Head of the Internal Security Agency, shall be paid out of the resources of the State budget at one time or in part every year, however, no longer than for 5 years.

Article 60. [ Declassification of invention] 1. On the recognition that the invention ceased to be a secret invention, it is decided by the Minister of National Defence, the Minister of the Interior or the Head of the Internal Security Agency, respectively. In this case, at the request of the competent authority, the Patent Office shall initiate or resume the procedure for granting a patent if the period of 20 years from the date of application of the invention has not expired.

2. The filing of classified inventions shall be considered to be unmarried after the expiry of the period referred to in paragraph. 1.

Article 61. [ Delegation] The Council of Ministers shall determine, by means of a regulation, the types of inventions concerning the defence or security of the State and the procedure for dealing with such inventions, whether or not they are secret inventions by the competent authority, or the release of the order of their secrecy.

Article 62. [ Lists of notified inventions concerning defence or security of the State] 1. The Patent Office shall send to the Minister of National Defence, the Minister for Internal Affairs and the Head of the Internal Security Agency, in respect of the arrangements made, the inventories of the claimed inventions which may concern defence, or the security of the State, as well as-at the request of these authorities-descriptions and drawings of inventions. Article Recipe 45 par. The second sentence shall apply mutatis mutandis.

2. The records concerning the declaration of the secret invention may be made available for inspection only to persons authorized by the Minister of National Defence, the minister competent for internal affairs or the Head of the Agency for Homeland Security.

Chapter 5

Patent

Article 63. [ Patent] 1. By obtaining a patent acquires the right of exclusive use of the invention in a gainful or professional manner throughout the territory of the Republic of Poland.

2. The scope of the patent is determined by patent claims, contained in the patent description. The description of the invention and the drawings can serve to interpret patent objections.

3. The duration of the patent shall be 20 years from the date of filing of the invention in the Patent Office.

Article 64. [ Patent for the invention of the way of manufacture] 1. The patent for the invention concerning the way of manufacture also includes the generators obtained directly by this way.

2. In relation to new products, or if the authorised evidence that it could not be established, although due efforts have been made, actually used by another person in the manufacture of the product, it shall be presumed that a product which can be patented shall be presumed This is the way it was created.

3. In the case referred to in paragraph. 2, when carrying out proof of the contrary, the legitimate interest of the defendant in the protection of his production and commercial secrets should be taken into account.

Article 65. [ Patent range] The patent for the invention, concerning the use of a substance forming part of the state of the art to obtain a new application, also includes the creations specially prepared according to the invention for such use.

Article 66. [ Patent privileges] 1. A patent authorized by a patent may prohibit a third party, not having his consent, to use the invention in a gainful or professional manner, consisting of:

1) the manufacture, use, offer, placing on the market or import for these purposes of the product being the subject of the invention or

2) the use of the manner in which the invention is to be used, and the use, offering, placing on the market or import, for those purposes of products received directly by such means.

2. Authorized from the patent may by contract grant to another person the authorization (license) to use his invention (license agreement).

Article 67. [ Marketability and Inheritance Of Patent] 1. Patent is negotiable and subject to inheritance.

2. The contract for the transfer of the patent shall require, under the rigorous nullity, the conduct of the written form.

3. The transfer of the patent shall become effective against third parties at the moment of the entry of this transfer to the patent register.

4. The establishment of a registered pledge on a patent shall be effective from the moment of entry in the register of pledges and is subject to disclosure in the patent registry.

5. [ 22] The Patent Office, at the request of the competent authority, shall enter an entry in the patent registry of information on the occupation of a patent.

Article 68. [ Prohibition of abuse of rights arising from patent] 1. An authorized patent or license may not abuse his or her right, in particular by preventing the use of the invention by a third party, if it is necessary to meet the needs of the domestic market, and especially when required by the public interest and the product is accessible to the public in insufficient quantities or quality, or at excessively high prices.

2. It shall not be regarded as an abuse of the law referred to in paragraph. 1, preventing the use of the invention by third parties within a period of 3 years from the date of granting of the patent.

3. The Patent Office may request from the authorized patent or from the license any explanations concerning the scope of use of the invention in order to determine whether the patent is not abused.

4. The provisions of the paragraph. 1 and 2 do not violate the anti-monopolistic practices.

Article 69. [ Actions not constituting a patent infringement] 1. The patent shall not be infringed by:

1) the use of the invention concerning the means of communication and their parts or devices, which are located in the area of the Republic of Poland temporarily, as well as objects which are located in this area in transit communication;

2) the use of the invention for the state purposes to the necessary dimension, without the exclusive right, if it is necessary to prevent or remove the state of threat of important interests of the State, in particular in the field of security and order public;

3) the application of the invention for research and experimental purposes, for the implementation of its evaluation, analysis or teaching;

4) the use of the invention, to the necessary extent, for the performance of the tasks which under the provisions of the law are required to obtain the registration or authorisation, constituting the condition of the release for the marketing of certain products due to their the purpose, in particular, of medicinal products;

5) the pharmacy in the pharmacy on the basis of individual medical prescription.

2. The decision on the use of the invention in the situation referred to in the paragraph. In accordance with Article 1 (2), the competent minister or the water in the case shall be taken into consideration by the competent minister or the competent authority and shall immediately inform the The decision sets out the scope and period of use of the invention.

3. To the decision referred to in paragraph. 2, serves the complaint to the administrative court.

4. The self, whose invention is used for state purposes, shall have the right to remuneration from the State budget funds, in the amount corresponding to the market value of the licence.

5. Obtaining the registration or authorisation referred to in paragraph. Article 1 (4) does not affect the civil liability for the placing on the market of the products without the consent of the rightholder, if such consent is necessary.

Article 70. [ Scope of patent rights] 1. Patent shall not extend to activities concerning the device according to the invention or the created way according to the invention, consisting in particular of its offer for sale or further marketing, if the product has been previously placed on the market in the territory of the Republic of Poland by the grantee or with his consent.

2. It also does not constitute a violation of the patent import on the territory of the Republic of Poland and other activities referred to in the paragraph. 1, concerning a product previously placed on the market in the territory of the European Economic Area by or with the consent of the rightholder.

Article 71. [ Use of the invention in good faith] 1. Used in good faith in the invention in the territory of the Republic of Poland, at the moment of the priority to obtain a patent, may continue to use it free of charge in his company to the extent that he has used it so far. This right also applies to those who, at the same time, have already prepared all the relevant equipment needed for the use of the invention.

2. The rights referred to in the paragraph. 1 shall be subject, at the request of the person concerned, to the entry into the patent register. These rights may be transferred to another person only in conjunction with the undertaking.

Article 72. [ Complicity of the Patent] 1. Commenting from a patent may, without the consent of the other compliments, to use the invention in its own right and to assert claims on account of the violation of the patent.

2. In the event of obtaining the benefit of the invention by one of the co-authors each of the other co-authors shall have the right, unless otherwise provided by the contract, to the relevant part of one quarter of those benefits after the deduction of inputs, according to its own participation in the patent.

3. To the extent of unregulated in the mouth. 1 and 2 shall apply mutatis mutandis, unless otherwise provided by the contract of common patent, the provisions of the Civil Code on joint ownership in fractional parts.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis to the commonality of the right to obtain a patent.

Article 73. [ Marking on goods] Entitled from the patent may indicate, in particular by the relevant marking on the goods, that his invention uses protection.

Article 74. [ Application for an invention by an unauthorised person] In the event of an invention or an invention of the patent by an unauthorised person, the authorized person shall be entitled to demand redemption of the proceedings or the cancellation of the patent. He may also ask him to grant him a patent or transfer to him an already granted patent for the reimbursement of the costs of filing an invention or obtaining a patent.

Article 75. [ Acquisition of a patent in good faith] 1. A person who, in good faith, obtained or acquired a patent, was subsequently transferred on the basis of art. 74 in favour of the entitled person, or obtained in good faith the licence, and used the invention at least one year prior to the initiation of the proceedings for the transfer of the patent or during that period prepared all relevant equipment needed for the the use of the invention may, from this invention, benefit in his undertaking to the extent that it benefited from it at the time of the opening of the procedure, subject to the obligation to pay the entitled remuneration.

2. The right to use the invention set out in the mouth. 1 shall be subject, at the request of the person concerned, to the entry into the patent register. This right may be transferred to another person only in conjunction with the enterprise.

Chapter 5 ¹

Supplementary protection law

Article 75 ¹ . [ The subject of protection of the supplementary protection law] Supplementary protection rights shall be granted in the Republic of Poland under the conditions laid down in the provisions for the establishment in the European Union of supplementary protection certificates for medicinal products and for plant protection products.

Article 75 ² . [ Proceedings for the granting of supplementary protection law] 1. The application for additional protection law, hereinafter referred to as the "application", shall be filed in the Patent Office. The provisions of Article 4 13 (1) 2-9 shall apply mutatis mutandis.

2. The provisions of Title VI shall apply mutatis mutandis to the procedure for the granting of additional protective law.

Article 75 ³ . [ Decision to grant additional protective law] The Patent Office shall issue a decision to grant a supplementary protection law after it has been established that the conditions for its granting have been fulfilled. The provisions of Article 4 42 and 46 shall apply mutatis mutandis.

Article 75 ⁴ . [ Supplementary Protection Certificate] 1. The sharing of supplementary protection law shall be stated by the issue of an additional protective certificate. Article Recipe 73 shall apply mutatis mutandis.

2. [ 23] Supplementary protection rights shall be entered in the register of supplementary protection rights.

Article 75 ⁵ . [ Refusal of additional protection law] 1. The Patent Office after finding that the conditions for granting the supplementary protection law are not met or that the application submitted after the deadline, issues a decision to refuse to grant additional protection law. Article Recipe 49 (1) 2 shall apply mutatis mutandis.

2. The deadline for submission of the application referred to in paragraph. 1, is not reinstated.

3. [ 24] (repealed).

Article 75 ⁶ . [ Termination of the decision to grant additional protective law] 1. The Patent Office shall state the termination of the decision to grant additional protective law, if:

(1) the basic patent will expire before the expiry of the period for which it was granted, or

2) during the period of the basic patent will be revoked the authorization to place the product on the market or entitled to renounce the additional protective law.

2. In the cases referred to in paragraph. 1, the supplementary protection certificate issued shall cease to be valid.

3. The Patent Office shall state the expiry of the supplementary protection law in the event that the permit referred to in the paragraph is granted. 1 point 2, will be withdrawn after the expiry of the period for which the basic patent was granted.

4. The additional safeguard law shall apply mutatis mutandis. 90.

Article 75 ⁷ . [ Annulment of the supplementary protection law] 1. The supplementary protection law may be at the request of any person annulled if:

(1) it has been awarded against the provisions relating to the conditions required for its acquisition, or

2) the basic patent has been annulled in the part providing the basis for the existence of additional protective law.

2. The cases referred to in paragraph. Article 2 (1) shall apply mutatis mutandis. 89 par. 2.

3. If the basic patent has been annulled in full, the granted supplementary protection law shall become invalid by law.

Article 75 ⁸ . [ Decisions to be entered in the register of supplementary protection rights] [ 25] The entry in the register of supplementary protection rights shall be entered in the register of the expiry of the decision to grant a supplementary protection law, the expiry of that right or the invalidity of that decision.

Article 75 ⁹ . [ Relevant application of the provisions] 1. The provisions concerning the licence and the transfer of the patent shall apply mutatis mutandis to the supplementary protection law.

2. A declaration of readiness to grant a license for the use of the invention, on which the patent was granted, filed in accordance with art. 80, also has effects in relation to the supplementary protection law.

Article 75 ¹⁰ . [ Delegation] [ 26] The President of the Council of Ministers shall determine, by means of a regulation, the detailed requirements to be followed by a request for supplementary protection, and the detailed scope and mode of examination of applications, taking into account, in particular, the place and manner of the application. notices of application, as well as data to be included in the supplementary protection certificate. The determination of the requirements to be met by the application must not lead to the creation of excessive, more than the need, the handicaps of the applicant.

Chapter 6

License agreements

Article 76. [ License Agreement] 1. The license agreement requires, under the rigorome of nullity, the conduct of the written form.

2. In the license agreement, you can limit the use of the invention (limited license). If the scope of use of the invention has not been limited in the license agreement, the licensee is entitled to use the invention to the same extent as the licensor (full license).

3. The licence shall expire at the latest on the expiry of the patent. The Parties may provide for a longer period of validity of the contract for provisions other than the licence, covering in particular the payment of the benefits necessary for the use of the invention.

4. If the license agreement does not reserve the exclusive use of the invention in a particular way, the granting of the license to one person does not preclude the possibility of granting the license to other persons, and also the simultaneous use of the invention by the authorized of patent (non-exclusive license).

5. The licensed under the licence may grant a further licence (sublicense) only with the consent of the authorized from the patent; the granting of further sub-licence is not allowed.

6. The licence shall be subject, upon request of the person concerned, to the entry into the patent register. Entitled from an exclusive licence entered in the register may on an equal basis with the patent entitled to claim claims for a patent infringement, unless otherwise provided by the licence agreement.

Article 77. [ Obligation of the licensor] Unless otherwise provided in the licence agreement, the licensor shall be obliged to transfer to the licensee of all his/her at the time of the conclusion of the license agreement of the information and technical experience needed for the use of the invention.

Article 78. [ Transition of a patent charged to a licence] In the event of a patent under license, the license agreement shall be effective in relation to the legal successor.

Article 79. [ Applicable application of the License Agreement] To the contract for the use of the invention reported in the Patent Office, for which the patent has not been granted yet, as well as to the contract for the use of the invention of the non-notified, and constituting the mystery of the entrepreneur, the provisions are applied accordingly. the license agreement, unless the parties have agreed otherwise.

Article 80. [ Open License] 1. An authorized of the patent may submit in the Patent Office a statement of readiness to grant a license for the use of his invention (open license). Such a statement may not be revoked or amended.

2. Information on the submission of the declaration referred to in paragraph. 1, shall be subject to the entry in the patent register.

3. In the event of a declaration of readiness to grant an open license, the periodic fees for the protection of the invention shall be reduced by half. This provision shall also apply to a one-off security charge or to the first periodic fee, if that reduced fee will be affected together with the statement at the latest within the specified time limit.

4. The Open License is full and non-exclusive, and the licence fee may not exceed 10% of the benefits obtained by the licensee in each year of the use of the invention, after the deduction of inputs.

5. The open licence is obtained by:

1) conclusion of the license agreement, or

2) to accede to the use of the invention without the opening of negotiations or before their completion; in this case the licensee is obliged to notify the licensor in writing within one month from the moment of accession to the use of the invention.

6. If the contract does not provide otherwise, the licensee pays the maximum fee, provided for in the paragraph. 4, within a month after the end of each calendar year in which the licensee has used the invention, unless the licensor's statement provides for a lower fee.

Article 81. [ Presumption of a transfer of a licence] If the contract for the execution of the research work or any other similar agreement does not provide otherwise, the contractor of the works shall be presumed to have granted the ordering licence for the use of the inventions contained in the submitted work results (the implied license).

Chapter 7

Compulsory licence

Article 82. [ Compulsory licence] 1. The Patent Office may grant permission for the use of a patented invention of another person (compulsory licence), when:

1) it is necessary to prevent or remove the state of the threat of security of the State, in particular in the fields of defence, public order, the protection of life and human health and the protection of the environment;

2) it will be found that the patent is abused within the meaning of art. 68, or

3) it will be found that the holder of the patent granted with prior priority (patent of earlier) prevents, without commenting on the conclusion of the license agreement, satisfying the needs of the domestic market through the application of a patented invention (a dependent patent), the use of which would be within the scope of an earlier patent; in this case, the authorized patent of an earlier patent may require authorisation to use the invention which is the subject of a dependent patent (licence reciprocal).

2. The condition of granting a compulsory licence for the use of the invention, in the case referred to in the paragraph. 1 point 3, it is to say that the use of the invention of the dependent patent, if these are inventions concerning the same subject, introduces significant technical progress of serious economic importance. In the case of a semiconductor technology invention, a compulsory licence may be granted only to counteract unreasonably restrictive practices.

3. The Patent Office, after stating that the patent is abused within the meaning of art. 68, may decide to apply for a compulsory licence and advertise it in the "Patent Office News".

4. A compulsory licence may be granted if the applicant shows that he has done so before, in good faith, endeavors to obtain a licence. The fulfilment of this condition is not necessary for the granting of a compulsory licence in order to prevent or remove the state of the security threat of the State or in the case of a notice of the possibility of applying for a compulsory licence.

5. Exemption from the condition referred to in paragraph. 4, in the case of a notice of the possibility of applying for a compulsory licence, shall not apply to applications for licences submitted after the year from the date of this announcement.

6. Paragraph Recipe Point 3 shall apply mutatis mutandis where the breeder is not entitled to exercise the right to a protected variety of the plant or to require the holder of a reciprocal licence from the patent.

Article 83. [ Non-exclusivity of compulsory licence] A compulsory licence is a non-exclusive license.

Article 84. [ Licence Fee] 1. The use of the invention on the basis of a compulsory licence shall be obliged to pay for the entitlement of the authorized licence fee.

2. The Patent Office shall determine the scope and duration of the compulsory licence and the detailed conditions for its execution, as well as, as appropriate to the market value of the licence, the amount of the license fee and the manner and time limits for its payment.

Article 85. [ Transfer of compulsory licence] A compulsory licence may be transferred only in conjunction with the undertaking or the part of the undertaking in which it is carried out. A compulsory patent licence may be transferred to another person only in conjunction with the dependent patent.

Article 86. [ Amendment of the decision to grant a compulsory licence] In a particularly justified case, the decision to grant a compulsory licence, in part concerning the scope and duration of the licence, or the amount of the licence fee, may be amended two years after the grant of the licence, as amended on request. -

Article 87. [ Entry to Patent Register] The compulsory licence and the reciprocal licence shall be subject to the application of the entry into the patent registry concerned.

Article 88. [ Application of the provisions on compulsory licences] Provisions on the award of compulsory licences in the case referred to in Article 82 ust. 1 point 3 shall apply mutatis mutandis to the utility model from which the use of which would be within the scope of the earlier patent is applied.

Chapter 8

Cancellation and termination of the patent

Article 89. [ Patent Invalidation] 1. [ 27] A patent may be annulled in whole or in part at the request of a person who has a legal interest in that respect, if he/she demonstrates that:

1) the conditions required to obtain the patent have not been fulfilled;

2) the invention has not been presented sufficiently and exhaustively so that the invention could make the invention a reality;

3) the patent was granted for the invention not covered by the content of the notification or the original application.

2. The Attorney General of the Republic of Poland or the President of the Patent Office may in the public interest request the invalidity of the patent or proceed to the ongoing proceedings in the case.

Article 90. [ Patent Expiration] 1. Patent shall expire as a result of:

1) the passage of the period for which it was granted;

2) renunciation of the patent by the authorized before the Patent Office, with the consent of the persons, who serve the rights on the patent;

3. non-payment within the prescribed period of the periodic levy or

4) permanent impairment of the possibility of using the invention, subject to art. 93 ⁷ , due to the lack of the biological material needed for this material, which has become inaccessible and cannot be restored on the basis of the description.

2. In the cases referred to in paragraph. 1 points 2 to 4, the Patent Office shall issue decisions determining the expiry of the patent.

3. The patent expires, subject to the paragraph. 4, on the day on which the event occurs, the law of which shall be binding effect of the expiry of the patent. The expiry date of the patent should be confirmed in the decision.

4. The extinguishing of a patent due to non-payment within the prescribed period of the periodic fee shall take place on the day of the expiry of the previous period of protection of the invention.

Article 91. [ Loss of power by additional patents] Along with the main patent, they lose the power of additional patents. If the master patent loses power for reasons not affecting the invention being the subject of an additional patent, the additional patents to the main patent shall become patents and retain the power for the period for which the main patent is granted.

Article 92. [ Entry on invalidity or expiry of the patent] Cancellation or termination of the patent shall be subject to the entry in the patent register.

Article 92 ¹ . [ Relevant application of the provisions] The provisions of Article 4 89, 91 and 92 shall apply mutatis mutandis to the annulment of a European patent granted in accordance with the procedure laid down in the Convention on the European Patent.

Article 93. [ Delegation] The President of the Council of Ministers will determine, by means of a regulation, the detailed requirements which should correspond to the application of the invention, the detailed scope and mode of examination and examination of the notifications in the Patent Office, taking into account in particular the manner and form of notice of the application of the invention, the extent to which the Patent Office can make amendments in brief description, as well as the form of the established report on the state of the art and the manner and the deadline for making it available to third parties. The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

Chapter 9

Special provisions for biotechnological inventions

Article 93 ¹ . [ Definitions] Whenever you are in a chapter, you are talking about:

1) biotechnology invention-it is understood by this invention within the meaning of art. 24, pertaining to an item consisting of a biological material or containing such material, or the manner by which biological material is produced, processed or used;

(2) biological material, shall be understood by material containing genetic information and capable of self-production or reproducable in a biological system;

3. the microbiological method shall be understood to mean the way in which it participates or which has been carried out on the microbiological material, or the result of which is the material.

Article 93 ² . [ biotechnology invention] 1. For biotechnological inventions, for which patents may be awarded, it is considered in particular inventions:

1) constituting biological material which is isolated from its natural environment or produced by a technical way, even if previously performed in nature;

2) constituting an element isolated from the human body or otherwise produced by a technical method, including the sequence or partial sequence of the gene, even if the construction of this element is identical to the construction of the natural element;

3) concerning plants or animals, if the technical possibilities of the use of the invention are not limited to a particular variety of plants or breed of animals.

2. [ 28] In the application of the invention relating to the sequence or partial sequence of the gene, in the description of the invention, the industrial use of the sequence is revealed, and in an independent patent claim also indicates the function of which this sequence meets.

3. [ 29] In order to meet the industrial application criterion, when the sequence or partial sequence of the gene is used to produce a protein or part of a protein, the description of the invention shall be determined by the protein or the part of the protein that is produced and the part of the protein. function.

4. [ 30] If the declaration of the invention referred to in paragraph 2, reveals the sequences of nucleotides or amino acids, the declarant transmits the list of sequences in electronic form.

Article 93 ³ . [ Human Body Use] 1. The invention shall not be considered to be the human body, in its various stages of formation and development, and the mere discovery of one of its elements, including the sequence or partial sequence of the gene.

2. For biotech inventions, the use of which would be contrary to public order or good morals within the meaning of art. 29 par. 1 point 1, or public morality, shall be considered in particular:

1) ways of cloning people;

2) ways to modify the genetic identity of the human embryonic line;

3) the use of human embryos for industrial or commercial purposes;

4) ways of modifying the genetic identity of animals that may cause them suffering, without bringing any significant medical benefits to humans or animals, and animals resulting from the application of such ways.

Article 93 ⁴ . [ Patent for biological material] 1. Patent for biological material having specified in the restriction or the patent claims characteristic resulting from the invention covers any biological material obtained from a given biological material by reproduction in Identical or different form and having the same characteristics.

2. The patent on a way that allows the creation of biological material having specified in the restriction or proprietary rights of the patented characteristics resulting from the invention, also includes the biological material obtained directly This method and any other biological material derived from the biological material obtained directly by reproduction in an identical or different form and having the same characteristics.

3. A patent for a monster containing or having a genetic information includes all the materials to which the creature has been incorporated and in which a genetic information has been included, meeting its function, with the exception of materials, o which are referred to in art. 93 ³ paragraph 1.

Article 93 ⁵ . [ Exemption of protection from patent] 1. The patent shall not extend to the biological material obtained by a single reproduction of the biological material placed on the market by the authorized patent or with its consent, if the reproduction is an unavoidable consequence of the use of biological material.

2. The person who acquired or otherwise obtained from the authorized from the patent or with his consent protected by the patent material of the plant, for use in agricultural activity, is authorized to use it for multiple reproduction within the framework of their own agricultural holding, taking into account the same restrictions as are provided for the use, without the consent of the breeder, from the seed of the variety of the plant protected under the provisions of the Act of 26 June 2003. on the legal protection of plant varieties (Dz. U. Nr. 137, pos. 1300, with late. zm.).

3. Paragraph Recipe 2 shall apply mutatis mutandis to the breeding stock or other animal maternal material.

Article 93 ⁶ . [ Deposit of material in national or international collection] 1. If the use of biological material is necessary for the realization of the invention, which is not universally available, nor can it be presented in the patent description in such a way as to enable the expert to use the invention, the disclosure of it may rely on the appointment to be made, at the latest on the date of filing, the deposit of this material in a collection recognised under an international agreement or a national collection, indicated by the President of the Patent Office by means of a notice in the Journal Official Republic of Poland "Monitor Polski".

2. The granting of the status of the national collection referred to in paragraph. 1, the President of the Patent Office annans after obtaining, at the request of the institution concerned, the positive position of the minister competent for the subject of the subject of deposed biological materials.

3. In the case of making the deposit referred to in paragraph. 1, the declarant should attach to the declaration a certificate of the deposit institution. Such attestation shall include at least the name of the institution, the date of deposit and the number under which the biological material is available.

4. The certificate of the deposit institution may be submitted within 6 months from the date of filing. The subsequent submission of the certificate shall not result in the recognition of the deposit of the biological material as equivalent to its disclosure in the notification.

5. Access to the deposit referred to in paragraph. 1, before the announcement of the application of the invention, shall be limited to the persons indicated in the art. 251 (1) 1. At the request of the declarant, filed in the Patent Office prior to the announcement of the invention's declaration, the above limitation shall extend for the entire period of the examination of the application.

6. From the announcement of the invention declaration, if the application referred to in the paragraph is not submitted. 5, and after the grant of the patent, the access to the deposit of a third party may not be refused, subject to the condition referred to in paragraph 1. 7. The provision shall also apply mutatis mutandis in the event of invalidity or expiry of the patent.

7. The condition of making available a sample of the biological material applying for this person shall be the obligation of her in writing to the declarant or authorized from the patent, that during the stay of the patent in force:

1. shall not make available to any third parties a sample or any substance originating from it,

2) will use the sample or substance derived from it only for experimental purposes

-unless the declarant or entitled from the patent expressly waives this obligation.

8. If the Patent Office issues a decision to refuse to grant the patent or to cancel the proceedings, at the request of the declarant submitted within the period specified in the paragraph. 5, for a period of 20 years from the date of filing of the declaration, access to the deposit of biological material will be limited to the persons referred to in paragraph. 5. Paragraph Recipe 7 shall apply mutatis mutandis.

Article 93 ⁷ . [ New Depositary] If the biological material deposited in accordance with art. 93 ⁶ has ceased to be available in the collection, a new deposit can be made on the terms set out in the international agreement.

SECTION III

Utility formulae and protective rights for utility models

Article 94. [ Model nugget] 1. The model of use is a new and useful solution of a technical nature, concerning the shape, construction or composition of the object of permanent form.

2. A utility model shall be considered to be useful if it allows the achievement of the objective of practical importance in the manufacture or use of products.

Article 95. [ Protective right of utility model] 1. A protective right may be granted on a model nugget.

2. By obtaining a protective law, it is acquired the right of exclusive use of the utility model in a gainful or professional manner throughout the territory of the Republic of Poland.

3. The duration of the protection law shall be ten years from the filing date of the application design in the Patent Office.

Article 96. [ Scope of the protection law in question] The scope of the protection law in question shall be determined by the protective reservations contained in the description of the protective model of use.

Article 97. [ Application of model nugget] 1. The application of the utility model shall be applied mutatis mutandis, subject to the paragraph. 2, the provisions of art. 31-33.

2. The application of the utility design shall contain drawings.

3. The application of a utility model may cover only one solution.

4. The requirement referred to in paragraph 1 3, does not limit the recognition in the declaration of the various forms of the subject, having the same relevant technical characteristics of the reserved solution as well as the object consisting of the organically or functionally related parts.

Article 98. [ Safeguard rights entry] The protective rights granted to utility models shall be entered in the register of utility models.

Article 99. [ Grant of protection law] 1. The division of the protective law against the utility model shall be stated by the issue of the protective certificate.

2. The component of the protective certificate shall be the protective description of the utility model, including the description of the model, the protective reservations, and the drawings. The protective description of the utility model shall be made available to third parties and shall be disseminated by the Patent Office.

Article 100. [ Relevant application of the provisions] 1. The utility models and protective rights for utility models shall apply mutatis mutandis, subject to the paragraph. 2, the provisions of art. 25, 28, 29, 35-37, 39-52, 55-60, 62, 66-75, 76-90 and 92.

2. In the case of a model nugget, the period provided for in art 60 is ten years.

Article 101. [ Delegation] 1. The Council of Ministers shall determine, by means of a regulation, the types of utility models relating to the defence or security of the State and the mode of conduct with such models both before the competent authority is established, whether these are utility models secret, as and following the release of the order of their secrecy.

2. The President of the Council of Ministers shall determine, by means of a regulation, the detailed requirements which should correspond to the application of the utility model, the detailed scope and mode of consideration and examination of the notifications in the Patent Office, taking into account in particular the manner and the form of a declaration on the application of the utility model, the extent to which the Patent Office may amend the description, the form of the report on the state of the art and the manner in which it is made available to the third parties, and the manner in which it is made available to third parties the provision and dissemination of protective descriptions of utility models. The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

SECTION IV

Industrial designs and rights from the registration of industrial designs

Article 102. [ Pattern and industrial development] 1. [ 31] The industrial design shall be a new and individual character of the form or part thereof, given in particular by the characteristics of the lines, contours, shapes, colours, texture or material of the exposition and by its ornamentation.

2. The product shall be manufactured in an industrial or craft manner, including in particular packaging, graphic symbols and typeface typefaces, excluding computer programs.

3. The monster is also considered to be:

1) an object consisting of multiple convertible components enabling its distribution and reassembly (a compound creation);

2) [ 32] the replacement component of a composite component if, after its inclusion in a composite component, it remains visible in the course of its normal use, by which any use shall be understood to the exclusion of maintenance, operation or repair.

3) [ 33] (repealed).

4. In the case of a pattern used or contained in a component of a composite component, within the meaning of the paragraph Article 3 (1), the assessment of novelty and individual character concerns only its visible features.

Article 103. [ New industrial design] 1. An industrial design shall be considered to be new if, before the date on which priority is given to obtaining the right of registration, an identical pattern has not been made available to the public by application, exposure or other disclosure, of subject to paragraph. 2. The model shall be deemed to be identical to that made available to the public, even if it differs from it only with irrelevant details.

2. The model shall not be considered to be made available to the public, within the meaning of paragraph 1. 1 if it is not possible to reach the message of the persons professionally involved in the field, the model of which is applicable.

3. Paragraph Recipe 1 shall not exclude the possibility of granting the right of registration, if the industrial design:

1) was disclosed to a third party who, in a clear or implicit manner, was obliged to maintain confidentiality;

2) was disclosed within 12 months before the date on which the priority of obtaining the right of registration shall be taken, if disclosure occurred by the creator, his legal successor or-with the consent of the authorized-by a third party, and where disclosure has taken place as a result of an abuse committed against the creator or his successor in law.

Article 104. [ Individual nature of industrial design] 1. An industrial design shall be characterised by an individual character, if the general impression it produces in the user-oriented nature is different from the general impression produced on it by a model publicly available before the date on which it is marked. priority.

2. When assessing the individual character of an industrial design, the scope of the creative freedom in the design of the design shall be taken into account.

Article 105. [ Grant of the right of registration] 1. The industrial design shall be granted the right of registration.

2. By obtaining the right of registration, the entitled acquires the right of exclusive use of the industrial design in a gainful or professional manner throughout the territory of the Republic of Poland.

3. An authorised may prohibit the third parties from producing, offering, placing on the market, importing, exporting or using the product, in which the design is contained or applied, or the storage of such a replacement for such purposes.

4. The right of registration of an industrial design includes any design which, on the user-oriented, does not produce a different general impression. Article 104 (1) 2 shall apply mutatis mutandis.

5. The right of registration of an industrial design shall be limited to the exerts of the kind for which the application was filed.

6. The rights of registration of the design shall be granted for 25 years from the date of filing of the application in the Patent Office, divided into five-year periods, subject to art. 111.

Article 106. [ Disable] 1. The rights of registration shall not be granted for industrial designs, the use of which would be contrary to public policy or good morals; use of the industrial design shall not be considered to be contrary to public policy only because is prohibited by law.

2. The rights of registration shall also not be granted, subject to the exceptions provided for in the Act, to industrial designs containing the markings referred to in art. 131 (1) 2 points 2 to 5.

Article 106 ¹ . [ Protection for the right of registration of the design] 1. The protection for the right of registration of a design shall not be entitled to a design which forms part of the component of a complex component used to repair the design in such a way as to restore its original appearance.

2. Third persons may benefit from the development referred to in paragraph. 1, by means of its manufacture, offering, placing on the market, import, export or use of the product in which the design is incorporated or applied, or by storage of such a development for such purposes.

Article 107. [ Scope of law of registration of industrial design] 1. The right of registration of industrial design does not include the characteristics of the exquisite:

1) resulting exclusively from its technical function;

2) which must be reproduced in exact form and dimensions in order to allow for mechanical connection to it or to interact with another product.

2. The provisions of the paragraph. 1 shall not prevent the registration of an industrial design intended for the multiple assembly or interconnection of interchangeable products within the modular system.

Article 108. [ Relevant application of the provisions] 1. The application of the industrial design for the acquisition of the right of registration should include:

1) giving at least the indication of the declarant, determining the subject matter of the notification and the application for the right of registration;

(2) an illustration of an industrial design;

3) [ 34] (repealed).

2. The illustration of industrial design is, in particular, drawings, photographs, or samples of textile material.

2 ¹ . [ 35] Where the new and individual character has a part of the development referred to in Article 102 (1) 1, the illustration of an industrial design shall present the whole of the product.

3. [ 36] The application referred to in paragraph 1 shall be notified to the application. 1, the declarant may attach a description explaining the illustration of the industrial design.

(4) One declaration of an industrial design may be covered by separate forms of development having common characteristics (varieties of industrial design).

(5) The number of varieties of industrial design which may be included in a single application shall not exceed 10, unless those varieties form part of the whole set of products. In one drawing or photographs referred to in paragraph. 2, they shall be shown in the figures of all varieties of the model included in the notification.

6. The application of an industrial design, which includes at least a application and a part looking externally on an illustration of an industrial design and for a description explaining the illustration, gives the basis for recognition of the declaration for the made.

7. The Patent Office shall invite the order, under the rigorous remission of the proceedings, to complete the notification within the prescribed period, if it finds that it does not contain all the parts referred to in paragraph. 1. The notification shall be deemed to have been made on the date of receipt to the Patent Office of the last missing part.

Article 108 ¹ . [ Call for submissions] [ 37] 1. In the case of filing an industrial design in violation of the provisions of the art. 108 (1) 4 and 5 The Patent Office calls, by way of order, to submit, within a specified time limit, separate declarations of generators.

2. In the event of failure to report separate declarations of generators within the period referred to in paragraph. 1, it is considered that the original notification concerns the first ten varieties of the formula.

3. In the case of non-consents of separate declarations of products which are not varieties of industrial design, within the period referred to in paragraph. 1, the original notification shall be considered to refer to the design as the first illustration of the industrial design.

Article 109. [ Giving prior priority] In relation to industrial designs, for the award of prior priority, the provisions of Article 4 48 shall apply mutatis mutandis. The Patent Office does not, however, check the basis for priority in respect of the scope referred to in Article 4. 48 point 4.

Article 110. [ Decision to grant the right of registration] 1. If the Patent Office finds that the application of the industrial design has not been drafted correctly, it shall issue a decision refusing to grant the right of registration.

2. The notification referred to in paragraph 2 shall not be considered. 1, for the purpose of which it is written correctly, where the subject of the declaration is not a form of development or of a part thereof or in the case referred to in Article 3 (1). 106.

3. The Patent Office may issue a decision to refuse to grant the right of registration to an industrial design, if the figure of the figment or of its parts clearly does not possess the features of novelty or individual character or the creature does not clearly satisfy the requirements referred to in Article 102 (1) 3.

4. In the case referred to in paragraph. 1 and 3, rule of art. 49 (1) 2 shall apply mutatis mutandis.

Article 111. [ The grant of the right of registration of the industrial design] 1. The Patent Office shall issue a decision to grant the right of registration after the statement, subject to Art. 110 (1) 3, that the declaration of industrial design has been drawn up correctly.

2. The division of the right of registration of industrial design shall be subject to payment of the fee for the first period of protection. In the event of non-payment of the fee within the prescribed period, the Patent Office shall state the decision to grant the right of registration of the industrial design.

Article 112. [ Entry in the Register of Industrial Designs] Granted rights under the registration of industrial designs shall be subject to the entry in the register of industrial designs.

Article 113. [ Prohibition of notification of notification] In the period prior to the registration of the industrial design, the Patent Office without the consent of the applicant shall not give any unauthorised notification to the persons.

Article 114. [ Registration Certificate] 1. The division of the right of registration of the industrial design shall be stated by issuing the registration certificate.

(2) The component of the certificate of registration shall be a description of the protective industrial design, including a description of the design, the drawing and the photographs and samples contained in the filing of the textile material. The protective description of the industrial design shall be made available to third parties and shall be disseminated by the Patent Office.

Article 115. [ Restriction of the right of design registration] The holder of an industrial design may not prohibit a third party from using the formula:

1) for personal or unconnected use of business;

2) for experimental purposes;

3) consisting in its reformation for the purpose of citation or teaching, if it does not violate good customs and does not impede the unauthorised use of the design and points to the source of its origin;

4) used or contained in the devices located on the means of land transport and registered in other states of sea or air ships, which are temporarily located in the area of the Republic of Poland;

5) by the import of spare parts and accessories, in which the design is used or contained in order to repair the vessels referred to in point 4;

6. perform the repairs of the vessels referred to in point 4;

7) by execution on an individual order of repair related to the restoration of a component of the folded component, in order to restore it to its original appearance.

Article 116. [ 38] (repealed).

Article 117. [ Relevant application of the provisions] 1. To annul the right of registration of the industrial design of the art regulations. 89 shall apply mutatis mutandis.

2. The basis for the cancellation of the right of registration may also be a statement that the use of the industrial design infringes on the personal or property rights of third parties.

Article 117 ¹ . [ Refusal of recognition in the territory of the Republic of Poland protection of an international industrial design] [ 39] 1. If the Patent Office finds that there are no conditions required for recognition on the territory of the Republic of Poland protection of an international industrial design, it shall issue a decision on refusal of recognition on the territory of the Republic of Poland international protection industrial design in whole or in part.

2. The adoption of the decision referred to in paragraph 2. 1, shall be carried out only at the request of the holder of an international industrial design lodged within two months from the date of service of the copy of the notification of refusal, on the basis of art. 12 (1) 3 of the Geneva Act.

Article 117 ² . [ Notifications forwarded to the International Bureau] [ 40] The Patent Office shall notify the International Office of:

1) the issuance of a decision to refuse recognition on the territory of the Republic of Poland protection of an international industrial design or industrial designs,

2) the issuance of a decision as a result of the reconsideration of the case completed by the decision referred to in point 1,

3) the issue of a final judgment of the administrative court of the repeal of the decision referred to in point 1,

4) annulment of recognition on the territory of the Republic of Poland protection of an international industrial design

-in the mode, form and language provided for in the Geneva Act.

Article 117 ³ . [ Opposition to the recognition on the territory of the Republic of Poland protection of an international industrial design] [ 41] Anyone can bring a motivated objection to the recognition on the territory of the Republic of Poland of protection of an international industrial design. The provisions of Article 4 152 ¹¹ paragraph 2 and 3, art. 246 par. 1 and Art. 247 shall apply mutatis mutandis.

Article 117 ⁴ . [ Annulment of recognition in the territory of the Republic of Poland protection of an international industrial design] [ 42] To annul the recognition on the territory of the Republic of Poland protection of the international design of the industrial design art 89 shall apply mutatis mutandis.

Article 117 ⁵ . [ Claims for violation of the law of registration of an international industrial design] [ 43] To claims for violation of the law from the registration of an international industrial design using protection in the territory of the Republic of Poland the provisions of art. 287-291 shall apply mutatis mutandis, except that those claims may be claimed for the period starting after the date of publication of the notice in the "Patent Office News" of the recognition of its protection, and in the case of prior notification by an authorized person violating such a right, for the period beginning after the date of that notification.

Article 118. [ Relevant application of the provisions] 1. [ 44] For industrial designs and rights for the registration of industrial designs of art regulations. 32, art. 35-37, art. 39, art. 39 ¹ , art. 41, art. 46, art. 50, art. 55, art. 66 (1) 2, art. 67, art. 68, art. 70-75, art. 76-79, art. 81-88, art. 90 and Art. 92 shall apply mutatis mutandis.

2. The changes made in the declaration in the course of its examination shall not apply to the pattern and its varieties presented in the description and in the drawing and in the photographs. This prohibition shall not include cases of reserving a reserving form if this does not result in an alteration of the identity of the design and without which it would be impossible to obtain the right of registration of the industrial design.

Article 119. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, the detailed requirements to be followed by the declaration of industrial design and the detailed scope and mode of treatment of the notifications, taking into account in particular the manner of making available Dissemination of protective descriptions of industrial designs. The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

Title III

Trademarks and geographical indications

SECTION I

Trademarks and rights

Chapter 1

Trade mark

Article 120. [ Trademark] (1) A trade mark may be any indication which may be presented in a graphical manner, where such an indication is suitable for distinguishment between the goods of one undertaking from the goods of another undertaking.

2. The trade mark, within the meaning of the paragraph 1, may be, in particular, the word, drawing, ornament, colour composition, spatial form, including the form of the goods or packaging, as well as the melody or other audible signal.

3. Whenever the law is referred to:

(1) trade marks-it shall also be understood by the service marks;

(2) goods and, in particular, industrial products, craft products, agricultural products and natural products, in particular water, minerals, raw materials and, without prejudice to Article 4, shall be understood as such. 174 (1) 3, services;

(3) counterfeit trade marks-shall be understood by the use of unlawfully identical or identical characters which cannot be distinguished under normal conditions of trade from registered marks, for goods covered by a protective right;

(4) earlier marks-it is understood by the signs declared or registered with prior priority.

Article 121. [ Safeguard law] A trade mark may be granted a safeguard right.

Article 122. [ Recognition as a trademark] [ 45] 1. Article Recipe 120 (1) 1 shall not preclude the recognition as a mark of a sign intended for simultaneous use by several persons, including traders who have notified it jointly, if such use is not contrary to the public interest and is not intended to do so to mislead the public, in particular as to the nature, destination, quality, characteristics or provenance of the goods (common protective law).

2. The rules of use of the trademark on the basis of the common protective law shall determine the regulations of the mark adopted by the persons, including the entrepreneurs referred to in the paragraph. 1.

Article 123. [ Precedence in obtaining protection law] 1. The priority of obtaining a protective right for a trademark means, subject to art. 124 and 125, according to the date of application of the trademark in the Patent Office.

2. The notification shall be deemed to have been made on the date on which it received the Patent Office. The provisions of Article 4 13 (1) 2-9 shall apply mutatis mutandis.

Article 124. [ Precedence in obtaining a protective right for the trade mark] The priority to obtain a protection law for a trade mark shall be entitled in the Republic of Poland under the rules laid down in international agreements by the date of the first correct application of the trade mark, if the declaration in the Office The patent will be made within a period of 6 months from that date.

Article 125. [ Precedence in obtaining a protective right for the trade mark] The priority of obtaining a protective right for a trademark means, on the principles laid down in international agreements, by the date of issue of the goods marked by this sign in Poland or abroad, at an international exhibition official or officially recognised, if the application in the Patent Office of that trade mark occurs within a period of 6 months from that date.

2. (repealed).

3. (repealed).

4. (repealed).

Article 126. [ Precedence in obtaining protection law] If the trade mark, which was the subject of the first correct notification, was placed on the goods previously issued at the exhibition and used the day of issue until the date of notification of the provisional protection provided for in the Paris Convention, Priority shall be given to obtaining the protection law referred to in Article 4. 124, and the beginning of the time limit for filing the application in the Patent Office shall be marked by the date of issue of the goods marked by that mark on the exhibition.

Article 127. [ Marketability and Succession Of Precedence] 1. The priority referred to in art. 124 and Art. 125 (prior priority), is negotiable and subject to inheritance.

2. An agreement to transfer the priority referred to in paragraph. 1, requires, under the rigorous annulment, the conduct of the written form.

Article 128. [ Proof of registration of the trade mark] At the request of the declarant, the Patent Office shall issue, in order to claim the priority abroad, proof of filing of the trade mark application in the Patent Office (proof of priority). The provisions of Article 4 19 (1) 2 shall apply mutatis mutandis.

Article 129. [ Not giving protection rights] 1. No protection rights shall be granted on indications which:

1. they may not be a trade mark;

2) they have no significant distinguishing marks.

2. Subject to art. 130 do not have sufficient distinguishing marks distinguishing markings which:

1) are not suitable for distinguising in the circulation of the goods for which they have been notified;

2. consist exclusively of elements which may serve in the course of trade to indicate, in particular, the nature of the goods, their origin, quality, quantity, value, destination, method of manufacture, composition, function or suitability;

3) have entered the current language or are customarily used in fair and established commercial practices.

Article 130. [ Ddefinitive distinguishing marks] In assessing whether the designation has sufficient distinguishing marks, account should be taken of all the circumstances surrounding the marking of the goods in the market. Refusal to grant a protective right pursuant to the provision of Article 129 (1) 1 point 2 may not occur in particular if, before the date of application of the trade mark application in the Patent Office, the mark has acquired, as a result of its use, the distinctive character in the average conditions of trade.

Article 131. [ Do not grant protection rights] 1. No protection rights shall be granted as follows:

(1) the use of which infringes the personal or property rights of third parties;

2) which are contrary to public order or good morals;

3) [ 46] which, by its nature, may mislead the public, in particular as to the nature, quality or, taking into account the mouth. 3, the geographical origin of the goods.

2. No protection rights shall be granted for the indications, if:

1) have been reported in bad faith to the Patent Office in order to obtain protection;

2) [ 47] contain the symbols of the Republic of Poland (emblem, colour or anthem), signs of armed forces, paramilitary organizations or ordinal forces, reproductions of Polish orders, badges or badges of honour, badges or signs of military or other official or commonly used badges and badges, in particular government or local government, or social organisations acting in an important public interest, where the area of operation of these organisations covers the whole country or a substantial part of the its part if the declarant does not show entitlement, in in particular, the authorisation of the competent authority of the State or local authority or the organisation's consent, as appropriate, to use the markings on the market;

3) contain abbreviations of names or symbols (herbs, flags, emblems) of foreign states, international organizations, as well as accepted in foreign countries official markings, control and guarantee stamps, if such a prohibition is due to international agreements, unless the notifier shall show the authorisation of the competent authority which entitles him to use such markings on the market;

(4) contain officially recognised indications accepted for marketing, in particular signs of safety, quality marks or the characteristics of legalisation, in so far as it could mislead the public as to the nature of such markings, in so far as they are not the notifier shall not show that he is entitled to use them;

5. contain elements which are symbols, in particular of a religious, patriotic or cultural nature, the use of which would offend religious, patriotic or national sentiments;

6) constitute a form or other characteristic of the goods or packaging, which is conditional solely on its nature, is necessary to obtain a technical effect or increases the value of the goods significantly;

7) [ 48] have been declared as names of plant varieties or of animal breeds.

(3) As regards alcoholic products, any trade mark containing geographical elements which do not conform to the origin of the product shall be considered as an indication to the consignees of error.

4. No protection rights are granted for signs containing geographical elements in a literal sense as to the territory, the region or the place from which the commodity originates, which could mislead the public, that the goods originate from another, famous for the Product data. In the case of homonymous geographical indications for wine and beer, protection may be granted, except that the Patent Office will call upon the person who made the declaration at a later date to make the appropriate changes to distinguish it from the mark. earlier.

5. A declaration as a trademark of a sign which another person uses as the name under which he pursues an economic activity, in particular if it is a common expression, does not constitute a self-determination to refuse to grant the right where the declarant has acted in good faith, and:

1) this name shall not be used as a trademark commonly known in the area of the Republic of Poland for goods of the same kind or

2) at the time of notification of the mark there was no conflict of interest, in particular due to the different profile of the activity, the local its scope or the different forms of use of both markings.

Article 132. [ Do not grant a protective right to the trade mark for identical goods] 1. No protective right shall be granted for the trade mark for identical or similar goods, if the mark is identical or similar to:

(1) a registered geographical indication, unless the applicant is entitled to use that sign, and the granting of a protective right to a trade mark will not unduly restrict the use of the registered geographical indication by the other eligible;

1 ¹ ) [ 49] the registered geographical indication or designation of origin of the product in accordance with the provisions of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012. on quality schemes for agricultural products and foodstuffs (Dz. Urz. EU L 343, 14.12.2012, p. 1);

1 ² ) [ 50] the registered geographical indication of the spirit drink and the geographical indication inscribed on the national list of protected geographical indications for the spirit drinks in accordance with the provisions of Regulation (EC) No 176Regulation of the European Parliament and of the Council 110/2008 of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (Dz. Urz. EU L 39, 13.02.2008, p. 16, with late-night zm.);

(2) a mark which, before the date on which the priority is to be given to obtaining a protective right, has been widely known and used as a trade mark for goods originating from another person;

3) previously registered in the Republic of the Polish trade mark, the protection of which has expired, if from the date of expiry of the protective right to the trade mark until the date of the declaration of the similar mark by another person has not expired, subject to art. 133, period 2 years.

2. No protective law shall be granted for the trade mark:

1) identical to the trade mark registered or declared for registration (if such a mark is registered) with prior priority to another person for identical goods;

2) identical or similar to a trade mark which has been granted a protection right or declared for the purpose of obtaining a protective right (as long as such a sign is granted protection law) with prior priority to another person for the goods identical or similar, where there is a risk of confusion, which includes, in particular, the risk of the combination of a sign with an earlier mark;

3) identical or similar to a reputed mark registered or declared with prior priority for registration (if such a mark is registered) to another person for any goods, if it could bring it that the applicant is not in favour of, or is detrimental to, the distinctive character or the reputation of the earlier mark. This provision shall apply mutatis mutandis to the mark commonly known.

3. Protection of the trade mark containing the designations referred to in art. 131 (1) 2 points 2 to 4, and the symbols referred to in Article 131 (1) Article 2 (5), or the indications referring to the origin of the goods, does not exclude the possibility for another trader to obtain a protective right with a trade mark containing the same elements for identical or similar goods, if these signs are likely to be in circulation is easily distinguishable.

4. Paragraph Recipe 3 shall apply mutatis mutandis to press titles as trade marks containing words or combinations of words customarily commonly used in the press market.

5. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis where the trademark or geographical indication has been declared or registered in the mode referred to in Article 3. 4.

6. [ 51] The provisions of the paragraph 1 and 2 shall apply mutatis mutandis when the Community trade mark uses the territory of the Republic of Poland from the right of prior registration of a trademark in accordance with the provisions of art. 34 and 35 of Council Regulation (EC) No 207/2009 of 26 February 2009. on the Community trade mark (Dz. Urz. EU L 78 of 24.03.2009, str. 1, from late. zm.).

Article 133. [ Expiry of protection] [ 52] 1. Rules of the art. 131 (1) 1 point 1, art. 132 (1) 1 (2) and (3) and (3) 2, 5 and 6 shall not apply if the declarant of an earlier trade mark, entitled to an earlier trade mark or entitled from an earlier personal or property right, shall give his written consent to the registration of a later trade mark.

2. The provision of art. 132 (1) 1 point 3 shall not apply if the protection has expired on the basis of the Article. 169 (1) 1 (1) or (4).

Article 134. [ Grant of protection for the trade mark] [ 53] (1) The division of a protective right to a trade mark for certain goods does not preclude the granting of a protective right to that mark on the same mark also for identical or similar goods, as well as the provision of a protective right to the same mark the trade mark for identical or similar goods.

2. Under the conditions specified in Art. 122 may also be granted a joint protection law with the participation of the proprietor of the earlier mark.

Article 135. [ Identical or similar designation] [ 54] The granting of a protective right to a trade mark for certain goods shall not constitute a self-imposed basis for refusal to grant a protective right to a mark for goods identical or similar to another person only because it contains identical or similar provisions the designation relating to personal goods, in particular the name of the owner. The provisions of Article 4 146 (1) 1 and 3 shall apply mutatis mutandis.

Chapter 2

Common trade mark and common mark of guarantee

Article 136. [ Common trade mark] 1. An organization having legal personality, set up to represent the interests of entrepreneurs, may obtain a protective right for a trademark intended for use in the trading by this organization and by the affiliated entities thereof (common sign commodity).

2. Rules for the use of the common trade mark by the organization referred to in paragraph 2. 1, and by its affiliated entities, shall determine the terms of procedure of the trade mark adopted by that organisation.

Article 137. [ Granting the organisation of a protection law] (1) A organisation which has legal personality which does not itself use a trade mark may be granted a protection right for a mark intended to be used by undertakings applying to the rules laid down in the rules of procedure of the trade mark adopted by the the authorised organisation and the control thereof (the common guarantee mark).

(2) A guarantee of the right of use of the proprietor of a trade mark may not be refused, for no valid reasons, for reasons of use of the mark to operators who satisfy the criteria laid down in the Rules of Procedure referred to in paragraph 2. 1.

Article 137 ¹ . [ Application of trade mark provisions] In cases not governed by this Chapter, the provisions on trade marks shall apply mutatis mutandis.

Chapter 3

Application of the trade mark

Article 138. [ Application for trade mark] (1) The trade mark application must specify the trade mark and indicate the goods for which the mark is intended. Article Recipe 31 par. 4 shall apply mutatis mutandis.

2. One ticket may only apply to one character. In the case of coloured signs, an indication of one colour combination shall be considered as one character. The provisions of Article 4 39 shall apply mutatis mutandis.

3. The application of the common trade mark, the collective mark of the guarantee or the declaration of the trade mark for the purpose of obtaining a common protective law shall be accompanied by the rules of the mark.

4. The Rules of Procedure referred to in paragraph 1. 3, should, in particular, specify the method of use of the mark, the common characteristics of the goods for which the mark is intended, the rules for the control of these characteristics and the effects of the infringement. The rules of procedure of the common guarantee mark should further specify the specific criteria and the mode of recognition by the authorised organisation of the right of economic operators to use the mark.

Article 139. [ The front priority] If the applicant wishes to take precedence, he shall, in the application of the trade mark, make a statement and attach proof that the trade mark has been declared in the country indicated or that the goods have been issued. marked with this sign on a particular exhibition. Such proof may also be lodged within three months of the date of notification. The subsequent submission of such a declaration or proof shall not give rise to priority.

Article 140. [ Corrections on the ticket] 1. Until the time of issuing the decision, the declarant may make in the declaration of additions and amendments which may not lead to change of the essence of the trade mark or extend the list of goods for which the mark has been declared.

1 ¹ Until the decision of the applicant is issued, the applicant may lodge an application for the removal of the signs referred to in Article. 129. The provisions of the paragraph 1 shall apply mutatis mutandis. Together with the application, the declarant should send the amended photographs or marks, as appropriate, as long as they are required in the notification.

2. The declarant may, subject to the paragraph. 1, to divide the declaration in relation to the indicated goods, with the retention of the date of priority.

Article 141. [ Notification Terminology] 1. Indicating in the declaration of the trade mark the goods for which the mark is intended, the declarant should use the Polish technical terminology and the unambiguous terms, and the list of goods to be presented in an orderly manner, according to the adopted classification. Lists of more than 15 words shall be drawn up on a separate sheet.

(2) The application of the trade mark application shall apply mutatis mutandis. (36) The application of a mark submitted or expressed in a particular graphic form shall contain the attached photographs or prints showing or expressing that sign. The application of the audible mark shall include an accompanying recording of the sound on the computer of the data medium within the meaning of Article 3 point 1 of the Act of 17 February 2005. o computerisation of the activities of public entities.

Article 142. [ Fixes in the ticket documentation] The Patent Office may amend the documentation of the application only in order to remove the obvious mistakes and errors of language. This restriction does not apply to the list of goods and their classification, provided that the amendments do not lead to a change in the scope of the protection requested.

Chapter 4

Examination of the application of the trade mark

Article 143. [ Announcement of registration of a trademark] The Office of the Patent Office shall make an announcement immediately after 3 months from the date of filing of the application. From the date of the announcement, third parties may refer to the trademark indicated in the notification and the list of goods for which the mark is intended, as well as to report to the Patent Office as to the existence of circumstances preventing the the grant of a protective right.

Article 144. [ Decision Edition] The issue of a decision to grant a protection law to a trademark follows the examination by the Patent Office whether the statutory conditions required for obtaining the right are met.

Article 144 ¹ . [ Introduction to the application of a mark of repleadings or amendments] If, after the opening of the procedure, the declarant has entered into the application a mark of addition or amendments which do not allow the provisions of the Act, the Patent Office shall issue a provision refusing to take account of such additions and amendments.

Article 145. [ Decision to refuse to grant a protective right] 1. If the Patent Office finds that there are no statutory conditions for obtaining a protection law for a trademark, it shall issue, subject to the paragraph. 2, the decision not to grant it.

2. [ 55] Prior to the adoption of the decision referred to in paragraph 1. 1, the Patent Office shall designate a time limit for the applicant to take a position on the evidence and material collected in order to provide evidence of the existence of obstacles to the acquisition of a protective right. Evidence and materials shall be made available to the declarant in the language of their preparation.

3. Where the absence of statutory conditions required to obtain the protection law for a trademark applies only to certain goods, the Patent Office in the first place refuses to grant the protective right to the trademark for those goods. The Patent Office shall grant a protective right to the trade mark for the goods for which it may be granted after the decision in that case has been lawfully authorised.

Article 146. [ Grant of protection rights for goods of the same kind] (1) If two or more persons using the same date of priority have notified similar trade marks for goods of the same kind, which are not easily distinguishable, the granting of protection rights may be made subject to the condition of amendment. to make it easy to distinguish between characters in the market. Otherwise, the Patent Office will issue a decision to refuse to grant protection rights.

2. In justified cases, the Patent Office may indicate who of the notifiers should make changes allowing for easy differentiation of marks on the market.

3. The fulfilment of the condition referred to in paragraph. 1, may not lead to the granting of a protective right to a trade mark which is not similar to that originally notified, nor to a violation of the primacy of a protective right by another person.

Article 147. [ The issue of the decision to grant the protection law] 1. The Patent Office shall issue a decision to grant the protection law if it does not find the absence of statutory conditions required to obtain the protection law for the trademark.

2. The division of the protection law shall be subject to payment of the fee for the ten-year period of protection. In the event of non-payment of the fee within the prescribed period, the Patent Office shall state the expiry of the decision to grant the protection.

3. Paragraph Recipe (2) apply, mutatis mutandis, to a request for conversion, to a national application, to register a trade mark obtained under the conditions laid down in the European Union's provisions on a Community trade mark, except that for the purposes of the fixing of the requirements of the ten-year security period for the protection of the trade mark shall run from the date of the request for conversion.

Article 148. [ Relevant application of the provisions] In the handling of trade mark applications, the provisions of Article 1 35 par. 4-6, art. 39 ¹ paragraph 2, art. 41, 42, art. 43 par. Article 2 (2) and (2) 3, art. 45 par. 1, art. 46 (1) 1, art. 48 and 55 shall apply mutatis mutandis.

Article 149. [ Entry into the trade mark register] The security rights granted to trade marks are subject to the entry in the Register of Trade Marks.

Article 150. [ Protective certificate for the trademark] The granting of a protective right to a trade mark shall be stated by the issue of a certificate of protection for the trade mark.

Article 151. [ Marking the registration of the mark] The holder may indicate that his mark has been registered by placing in the vicinity of the trade mark the letter 'R' inscribed in the circle.

Article 152. [ Delegation] The President of the Council of Ministers shall determine by way of regulation the detailed requirements to be followed by the application of the trade mark and the detailed scope and mode of treatment of the applications, taking into account, in particular, the scope of information disclosed to the public after the expiry of the period referred to in Article 143, and the manner in which it is made available, and the extent to which the Patent Office may introduce amendments to the list of goods and their classification. The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

Chapter 4 ¹

Proceedings for the protection of international trade marks

Article 152 ¹ . [ Proceedings for the protection of international trade marks] The Patent Office conducts proceedings on protection in the territory of the Republic of Poland of international trade marks, within the scope provided for by the Agreement or the Protocol.

Article 152 ² . [ Definitive refusal to recognize the protection of a trademark] 1. If the Patent Office finds that there are no statutory conditions for recognition on the territory of the Republic of Poland of protection of the international trademark, it shall issue, subject to the paragraph . 2, a decision on a definitive refusal to recognize the protection.

2. Before the adoption of the decision referred to in paragraph. 1, the Patent Office in the mode, form and language provided for by the Agreement or the Protocol shall transfer to the Office of the International Note, in which it notifies the reasons for preventing recognition in the territory of the Republic of Poland of international protection The trade mark (preliminary refusal to recognise the protection) and also designates the term for the registration of an international trade mark to take a position on the matter.

Article 152 ³ . [ Refusal to recognize the protection of the trademark for certain goods] In the case where the lack of statutory conditions for recognition on the territory of the Republic of Poland of protection of the international trade mark applies only to certain goods, the Patent Office shall issue a decision on the definitive refusal of recognition in the territory The Republic of Poland protection of the international trade mark in respect of these goods. Article Recipe 152 ² paragraph 2 shall apply mutatis mutandis.

Article 152 ⁴ . [ Relevant application of the provisions] The provisions of Article 4 152 ² paragraph 1, art. 152 ³ and Art. 152 ⁵ apply mutatis mutandis when in the course of proceedings, after the initial refusal of recognition on the territory of the Republic of Poland of protection of the international trade mark, established on the plenipotentiary will notify the Patent Office of the resignation of the rightholder with registration of an international trade mark from applying for protection in the territory of the Republic of Poland of the international trade mark.

Article 152 ⁵ . [ The transfer of a memorandum of definitive refusal] The Patent Office shall transfer to the Office of the International Bureau the definitive refusal of recognition within the territory of the Republic of Poland of protection of the international trademark in the mode, form and language provided for by the Agreement or by the Protocol and in the establishment of a proxy in the case shall be served by the decision on the definitive refusal of recognition on the territory of the Republic of Poland of protection of the international trade mark.

Article 152 ⁶ . [ Note on the recognition of the protection of the trade mark] Where the Patent Office, as a result of the recognition of a position entitled under the registration of an international trade mark, finds that there are no grounds for preventing the protection of the international trade mark from being recognised, it shall confirm that note sent to it by the International offices in the mode, form and language provided for by the Agreement or the Protocol, and shall inform the representative thereof, provided that he has been established in that case.

Article 152 ⁷ . [ Application for reconsideration of the case] 1. From the decision of the Patent Office of the definitive refusal of recognition in the territory of the Republic of Poland protection of an international trademark cultivated from the registration of this mark shall be used to request the reconsideration of the case. The provisions of Article 4 244 (1) 1-1 ⁴ and 5 shall apply mutatis mutandis.

2. The time limit for submission of the application referred to in paragraph. 1, shall be 2 months from the date of service by the International Bureau entitled to register the international trade mark of the Patent Office's note of the definitive refusal to recognize the protection referred to in art. 152 ⁵ .

Article 152 ⁸ . [ Continuation at night of the contested decision] If, as a result of reconsideration of the case, the Patent Office maintains in force the contested decision definitively to refuse recognition within the territory of the Republic of Poland of the protection of the international trade mark, it shall serve such a decision entitled to the registration of an international trade mark.

Article 152 ⁹ . [ Relevant application of the provisions] Article Recipe 152 ⁶ shall apply mutatis mutandis where, after a decision on the definitive refusal to recognise the protection referred to in Article 1, the Commission has not adopted a decision on the definition of 152 ² paragraph 1, as a result of the reconsideration of the case, the Patent Office has annulled the contested decision in its entirety.

Article 152 ¹⁰ . [ Repeal of the contested decision] In the event that after the decision to definitively refuse recognition on the territory of the Republic of Poland protection of the international trademark, as a result of the reconsideration of the case, the Patent Office annulled the contested decision in respect of certain goods, the Patent Office shall issue a decision on a definitive refusal to recognize the protection in respect of certain goods referred to in art. 152 ³ Article Recipe 152 ⁵ shall apply mutatis mutandis.

Article 152 ¹¹ . [ Objection to the recognition] 1. Everyone can bring a motivated opposition to the recognition on the territory of the Republic of Poland of protection of the international trademark. The provisions of Article 4 246 par. 1 and Art. 247, subject to paragraph (a). 2, shall apply mutatis mutandis.

2. Where the proprietor of the registration of an international trade mark does not give an answer to the opposition referred to in the paragraph. 1, or agrees with this opposition, the Patent Office shall issue a decision to annul the recognition on the territory of the Republic of Poland of protection of the international trade mark against all or some of the goods.

3. From the decision of the Patent Office referred to in the paragraph. 2, serves the request to reconsider the case. The provisions of Article 4 244 (1) 1-1 ⁴ and the mouth. 4 and 5 shall apply mutatis mutandis.

Article 152 ¹² . [ The complaint to the administrative court] 1. On the decision of the Patent Office of the definitive refusal to recognize the territory of the Republic of Poland protection of the international trade mark in respect of all or some of the goods, as well as the decision to annul the recognition in the territory The Republic of Poland protection of an international trademark cultivated from registration of this mark serves a complaint to the administrative court. The provisions of Article 4 249 ust. 1 and Art. 250 shall apply mutatis mutandis.

2. In the case of the annulment by the administrative court of the decision of the Patent Office the provisions of Article 152 ⁶ , 152 ⁸ and 152 ¹⁰ shall apply mutatis mutandis.

Article 152 ¹³ . [ Annulment of the recognition of the protection of the trademark] To annul the recognition on the territory of the Republic of Poland of protection of the international trademark provisions of art. 164-167 shall apply mutatis mutandis.

Article 152 ¹⁴ . [ Submission of a note of invalidity of recognition] The Patent Office shall transfer to the Office of the International Office the cancellation of the recognition within the territory of the Republic of Poland of protection of the international trademark in the mode, form and language provided for by the Agreement or the Protocol.

Article 152 ¹⁵ . [ Expiry of the protection of the trade mark] To determine the expiry on the territory of the Republic of Poland protection of the international trademark provisions of art. 169-172 shall apply mutatis mutandis, however, the time limit referred to in Article 4 (1) shall apply. 169 (1) 1 point 1, runs from the day of the announcement in "Patent Office Messages" about recognition of its protection.

Article 152 ¹⁶ . [ Application of provisions of the Act] The provisions of art shall apply mutatis mutandis to claims for infringement of the right of registration of an international trade mark enjoying protection in the territory of the Republic of Poland. 296-298, except that these claims can be claimed from the day of the announcement in the "News of the Patent Office" of the recognition of its protection.

Chapter 5

Protective rights for trademarks

Article 153. [ Safeguard law] 1. By obtaining a protective right, the right of exclusive use of the trade mark shall be acquired in a gainful or professional manner throughout the territory of the Republic of Poland.

2. The duration of the protection law for a trademark is 10 years from the date of filing of the trademark in the Patent Office.

3. [ 56] The protection law for a trade mark may, at the request of the rightholder, be extended by decision, by decision, for all or part of the goods for further periods of 10 years.

4. [ 57] The proposal referred to in paragraph 1. 3, shall be made before the end of the expiry of the period of protection, but not earlier than one year before the expiry of the period of protection. The application shall be accompanied by a fee for protection under the conditions laid down in Article 4. 224 ust. 2-4.

5. The application referred to in paragraph 1. 3, may be submitted, for an additional fee, also within six months after the expiry of the protection period. This time limit shall not be reinstated.

6. The Patent Office shall issue a decision to refuse to extend the protective right to the trade mark if the application has received after the deadline referred to in the paragraph. 5, or the fees referred to in paragraph have not been paid. 4 and 5.

Article 154. [ Using the trademark] The use of the trade mark shall consist in particular of:

1. placing the mark on the goods covered by the protection law or their packaging, offering and placing those goods on the market, their import or export and the placing in order of offering and placing on the market, and offering or offering them, or the provision of services under this sign;

2) affixing the mark on documents relating to the placing of goods on the market or in connection with the provision of services;

3) use it for advertising purposes.

Article 155. [ Turnover of goods marked by other goods marks] (1) Protective law for a trade mark shall not extend to acts relating to the goods with a mark, consisting in particular of their offer for the sale or the further marketing of goods bearing the mark, if the goods have been subject to such goods have previously been placed on the market in the territory of the Republic of Poland by the authorized or with his consent.

2. It shall also not constitute a breach of the protection law in respect of the trade mark and the other activities referred to in paragraph 1. 1, concerning goods covered by this trade mark, where those goods have previously been placed on the market in the European Economic Area by or with the consent of the rightholder.

3. The provisions of the paragraph. 1 and 2 shall not apply if justified by reasons which allow the righthier to oppose further distribution of the goods, in particular if the condition of the goods is changed or worsened after the marketing.

Article 156. [ Scope of protection law] 1. The right of protection for a trade mark shall not give the right to other persons not to prohibit the use of the trade in: [ 58]

1) [ 59] their addresses and the names or other signs of individualisation of the economic operator concerned or of his undertaking;

2. indications indicating, in particular, the characteristics and characteristics of the goods, their nature, quantity, quality, purpose, origin or date of manufacture or shelf life;

(3) a registered designation or a similar sign, if this is necessary to indicate the destination of the goods, in particular when it comes to the spare parts, accessories or services offered;

4) a registered geographical indication, if the right to its use by these persons results from other provisions of the Act.

2. Use of the markings indicated in the paragraph. 1 is allowed only if it meets the justified needs of the use and purchasers of the goods and at the same time is consistent with fair practices in production, trade or services.

Article 157. [ Admissibility of the use of similar designation] A proprietor of a trade mark may not prohibit another person from using that or a similar mark in the course of trade if he has not used it within the meaning of the Article. 169 (1) 1 point 1, paragraph 1. 4 and 5.

Article 158. [ Collision rules] 1. A protected right of a trade mark may not prohibit the use by another person of the name under which it pursues an economic activity, if that name is not used as an indication of the goods which are the subject of that trade the activities and it is not possible to mislead the public as to the origin of the goods, in particular because of the different business profile or the local scope of use of that name.

2. If a person using the name under which he conducts an economic activity acts in bad faith, the provision of the mouth. 1 shall not apply.

Article 159. [ Complicity] (1) A trade mark may, without the consent of the other coaches, use the trade mark in its own right and claim, without the consent of the other co-law, on the grounds of infringement of the protection law.

2. In an unregulated range in the Act to a common protective law, the provisions of the Civil Code on joint ownership in fractional parts shall apply, unless otherwise provided for by the Agreement on the Conformity of the Protection Law.

Article 160. [ Using the trademark in good faith] 1. A person who, while conducting a local economic activity in a small size, used in good faith a sign registered then as a trademark on behalf of another person, has the right to continue free of charge to use this sign in no greater than to date.

2. The law referred to in the paragraph. 1 shall be subject at the request of the person concerned to the trade mark register. This right may be transferred to another person only in conjunction with the enterprise.

Article 161. [ Application of the trademark by the agent or representative of the righorman] (1) In so far as it is apparent from an international agreement, in the event of a declaration in respect of his or her trade mark, or a trademark of the agent or of a representative of a person entitled to use that mark in a foreign country, the protection of the goods in question, that person, if the agent or representative has acted without the authorisation of the agent, may request redemption of the proceedings or the invalidity of the protection law. That person may also request that the mark be granted a protective right to that mark and that the right to be transferred to it has been transferred to it.

2. A request for cancellation or transfer of the right may not occur if for a period of five consecutive years the use of a registered sign has the right referred to in the paragraph. 1, being aware of this use, did not oppose it.

3. [ 60] A person who, without being entitled to it, has made a trademark or a safeguard right on his or her behalf, a provision of paragraph 1. 1 shall apply mutatis mutandis.

Article 162. [ Marketability and Inheritance Of Protective Law] 1. The protection law for the trade mark shall be negotiable and shall be subject to inheritance. The provisions of Article 4 67 par. 2-4 shall apply mutatis mutandis.

1 ¹ The protection law for the trade mark may be transferred to the organisations referred to in Article 3. 136 and 137 as respectively a common trade mark or a common guarantee mark or several traders as a common safeguard right.

1 ² . The transfer of the protection law referred to in paragraph 1. 1 ¹ It can only be done with the consent of the people who serve the law.

1 ³ The entry into the trade mark register of the transfer of the protection law referred to in paragraph. 1 ¹ It may take place after the filing of the rules of the mark referred to in Article 122 (1) 2, art. 136 2 or Article 137 par. 1.

1 ⁴ The Joint Protection Law may be transferred to one person as a trademark of the trade mark.

2. (repealed).

3. The protection law on a common trade mark may be transferred as a common protective right to entrepreneurs affiliated with the organization referred to in art. 136. The contract for the transfer of the law should lay down the rules governing the use of such a mark in so far as it is provided for in the Rules of Procedure referred to in Article 4. 122 (1) 2.

3 ¹ The Joint Protection Law may be transferred to the organisations referred to in Article. 136 and 137, as a common trade mark or a common guarantee mark. The contract for the transfer of the right should lay down the rules governing the use of such a mark, to the extent that it is envisaged for the Rules of Procedure referred to in Article 4 (1) of Regulation No 136 2 and Article 137 par. 1.

4. The protection law for a trade mark may also be transferred in relation to certain goods for which the right is granted, if the goods for which the mark remains registered to the vendor are not of the same kind. Upon transfer, that right shall be deemed to be independent of the rights of the vendor.

5. The consent of all the complicity shall be required to the validity of the contract for the transfer of participation in the joint protective law.

6. The provisions of the paragraph. 1 and paragraph. 3-5 shall apply mutatis mutandis to the rights conferred by the Patent Office of the notification, for which the protection law has not yet been granted.

Article 162 ¹ . [ Breakdown of protective law for the trade mark] [ 61] Taking into account art. 140 par. 1, in the course of proceedings initiated as a result of the lodging of an opposition or an application for a declaration of invalidity of the protection law for a trade mark may be divided upon application of the authorized, in relation to the indicated goods, with the retention of the date of priority. When submitting the application, the holder shall pay a fee for the distribution of the protective rights to the trade mark.

Article 163. [ License Agreement] 1. An entitlement to a trade mark entitled to a trade mark may give another person the authorisation to use the mark by concluding a licence agreement with the trade mark. The provisions of that Agreement shall apply mutatis mutandis. 76 and Art. 78 and 79.

2. Licensee may grant sublicences for the use of the trademark in respect of the authorization granted to him.

3. Licensee may indicate that it uses a license to use the trademark, by placing the designation "lic." in the vicinity of the trademark.

4. In the case of the use of the licence for the use of the trademark, the licensee is obliged, at the request of the licensor, to indicate the use of the mark on the basis of the licence by placing the sign referred to in the paragraph. 3.

Chapter 6

Annulment and expiry of the protection law for the trade mark

Article 164. [ Invalidation of the protective law] The protection law for a trade mark may be cancelled, in whole or in part, at the request of any person who has a legal interest in that respect, if it demonstrates that the statutory conditions required to obtain that right have not been fulfilled.

Article 165. [ Prohibition of the request for a declaration of invalidity of the protection law] 1. A request for cancellation of a protective law cannot occur:

1) because of a collision with an earlier mark or a breach of personal or property rights of the applicant, if for a period of five consecutive years the use of the registered sign the applicant, being aware of his use, did not object to it;

2) after a period of five years after the grant of the protection law, if the right is granted in violation of the provisions of the Art. 129, but the sign as a result of use has acquired distinctive character;

3) because of a collision with a trademark of a well-known person, if for a period of five consecutive years the use of a registered trade mark, entitled to a trademark of the commonly known, being aware of its use, has not opposed it.

2. Paragraph Recipe 1 shall not apply if the authorized person obtained the right by acting in bad faith.

Article 166. [ Trade mark similar to the earlier mark] 1. The protection law for a trade mark shall not be invalidated on the grounds that the mark is similar to an earlier trade mark, if the latter was not used within the meaning of art. 169 (1) 1 point 1, paragraph 1. 4 and 5.

2. In the case referred to in paragraph. (1) The plea of non-use of the trade mark may be raised only together with the application for revocation of the protection law. This allegation is subject to a joint recognition together with the application for a declaration of invalidity.

Article 167. [ Powers of the Attorney General and the President of the Patent Office] The Prosecutor General of the Republic of Poland or the President of the Patent Office may, in the public interest, request the cancellation of a protective right for a trademark or accede to the ongoing proceedings in the case.

Article 168. [ Expiry of the protection law] 1. The protection law for the trade mark shall expire as a result of:

1) the expiry of the period for which it was granted;

2) the waiver of the law by the authorized before the Patent Office, with the consent of the persons to whom the rights are served on him.

2. The waiver of the law referred to in paragraph. Article 1 (2) may also apply only to certain goods for which that right has been granted (restriction of the list of goods).

3. The renunciation of participation in the joint law shall result in the passage of that share in the other complicity, respectively, to their shares.

4. In the case referred to in paragraph. 1 point 2, subject to paragraph. 3, the Patent Office issues a decision declaring the expiry of the protection law.

Article 169. [ Expiry of the protection law] 1. The protection law for the trade mark shall also expire as a result of:

1) the non-use of the registered trade mark in a real way for the goods covered by the protection law during the uninterrupted period of five years, after the day of the decision to grant the protection law, unless there are valid reasons for its inuse;

(2) the loss, by a mark, distinguishing by the fact that, as a result of the acts or negligence of the rightholder, it has become a customary indication, consisting only of elements which may serve, in particular, of the marketing of the marking, in particular of the type the goods, their quality, quantity, price, destination, manner, time or place of manufacture, composition, function or suitability, in relation to the goods for which it was registered;

(3) the acts of the proprietor or, with his consent, of third parties, where the trade mark may mislead the public, in particular as to the nature, characteristics or geographical origin of the goods;

4) the deletion from the relevant register of the entity having legal personality, which was granted the protection law for the trademark.

2. The Patent Office shall issue a decision declaring the expiry of the protection law on the trade mark in the cases referred to in the paragraph. 1, at the request of any person who has a legal interest in this.

2 ¹ . In the cases referred to in paragraph 1. 1 point 3, the Patent Office shall issue a decision declaring the expiry of the protection law for the trade mark also on application:

(1) national or regional organisations whose statutory objective is to protect the interests of:

(a) consumers,

(b) traders;

2) the President of the Office of Competition and Consumer Protection;

3) the district (urban) consumer spokesperson.

3. The procurator General of the Republic of Poland or the President of the Patent Office may, in the public interest, apply for a declaration of expiry of the protection law on the trademark or accede to the ongoing proceedings.

4. By using the sign, within the meaning of the mouth. 1, the use of the sign shall also be understood:

1) differing from the mark on which the protection law was granted, in elements which do not alter its distinctive character;

2) by affixing the mark on the goods or their packaging only for the purpose of export;

3) by a third party with the consent of the authorized;

4) by a person authorized to use a common sign or a collective guarantee mark.

(5) It is not considered to be the use of a mark in the actual use of a mark in an advertisement of goods which is not available on the domestic market nor is it in the country produced for export purposes.

(6) In the event of the opening of proceedings in respect of the expiry of the protection law, the obligation to demonstrate the use of the trade mark or the existence of valid reasons justifying the non-use of the mark shall lie with the holder of the protection law.

7. On the principles referred to in paragraph. 1-6, and in the event of non-observance of the rules of the mark, a decision may be issued declaring the expiry of the law in relation to the co-law. That provision shall apply mutatis mutandis to the protective right to a common trade mark and to a common guarantee mark.

Article 170. [ The dismissal of the application for revocation of the protection law] 1. The Patent Office shall dismiss, subject to the paragraph. 2, the application for revocation of the protection law in the case referred to in art. 169 (1) 1 point 1, if the actual use of the mark has been resumed or resumed before the application is submitted.

2. The commencting or resumption of use of the trade mark, after the expiry of the continuous five-year period of its non-use and in the three months preceding the application for revocation of the protection law, shall not, however, taken into account if the preparations for the commencment or resumption of use take place shortly after the authorised finding out that such a request may be made.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the cases referred to in Article 3. 169 (1) 7.

4. There shall be no decision determining the expiry of the protection law for the trade mark on account of the loss of the right to use the sign or symbol referred to in Article 4 (1) of the said Regulation. 131 (1) 2 if, prior to submitting an application for revocation of that right, the use of the sign or symbol in the trade mark has not been used.

Article 171. [ Expiry of the protection law for the trade mark] Where the reason for the expiry of the protection law for a trade mark applies only to certain goods, the expiry of the law shall apply only to those goods.

Article 172. [ Expiry Date] The protection law for the trade mark shall be extinguished, subject to Article 170, on the day of the occurrence of the event, with which the Act binds the effect of the expiry of the protective law. The expiry date of the protection law should be confirmed in the decision.

Article 173. [ Entry for annulment or expiry of the law] The cancellation or termination of the protection law shall be subject to the entry in the Register of Trademarks.

SECTION II

Geographical indications

Chapter 1

Introductory provisions

Article 174. [ Foreign Geographical Indications] 1. Geographical indications, within the meaning of the Act, are the word markings relating directly or indirectly to the name of the place, locality, region or country (area), which identify the commodity as originating from that terrain, if the specified quality, the good opinion or other characteristics of the goods are attributable primarily to the geographical origin of the goods.

2. On foreign geographical indications can be obtained in Poland protection only when the designation is used by protection in the country of its origin.

3. Whenever the provisions of this chapter refer to goods, this shall not apply to services, agricultural products intended for human consumption listed in Annex I to the Treaty establishing the European Community, agricultural products and measures. foodstuffs listed in the Annexes to Council Regulation (EC) No 510/2006 of 20 March 2006. on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, and of spirit drinks whose geographical indications are subject to the entry into the national list of protected geographical indications of spirit drinks on the basis of the law referred to in art. 132 (1) 1 point 1 ² .

Article 175. [ Geographical Indications] 1. Geographical indications are:

1. regional names as designations for distinguising goods which:

(a) come from a specific area and

(b) have specific characteristics which are exclusively or predominantly due to the impact of a geographical environment involving a combination of natural and human factors, the creation or processing of which is carried out in that area;

2. designation of origin as an indication for the distinction of goods:

(a) coming from a specific area and

(b) having certain specific characteristics, or other specific characteristics attributable to the geographical origin, or field, where they have been manufactured or processed.

2. By geographical indications also means shall be understood to be used for goods which are made from raw materials or semi-finished products originating in a specific area, larger than the area of manufacture or processing of the goods, if they are prepared for under specific conditions and there is a system of control of compliance with those conditions.

3. The geographical indications shall also be considered, subject to the conditions laid down in the paragraph. 2, the terms of a geographical nature which do not correspond literally to the field from which the goods originate, or other terms traditionally used, where they are used for goods originating in the land.

Chapter 2

Notification and examination of the notification of a geographical indication

Article 176. [ Indication of designation] 1. The notification of a geographical indication shall include:

1. the precise definition of the geographical indication that has been declared;

2) an indication of the goods for which it is intended;

3. the precise boundaries of the land to which it relates;

4. determination of the specific characteristics or properties of the goods, in particular including the main physical, chemical, microbiological or organoleptic characteristics of the goods, and the specification of the details on which the characteristics of the goods are related; the geographical environment or geographical origin;

(5) the conditions for the use of a geographical indication, including the means of manufacture, the specific characteristics or characteristics of the goods, other conditions which must be met by persons wishing to use such a designation and, where required, their methods control;

6) an indication of the entrepreneurs who use or will use this designation.

1 ¹ The declaration of a geographical indication may concern only one designation and only one commodity. The provisions of Article 4 39 and art. 42 par. 2 shall apply mutatis mutandis.

2. The application may be carried out by an organization authorised to represent the interests of producers, operating in a given area.

3. The organization referred to in paragraph. 2, should attach a geographical indication of its identity card to the declaration of the activity.

4. The application may also be carried out by the governmental or local government authority, due to the area to which the geographical indication refers.

5. Persons making declarations of foreign geographical indications, in the cases referred to in the mouth. 2 and 4, they shall indicate or attach proof of protection to the designation in the country of origin. In particular, any international agreement on the basis of which the geographical indication is protected may be evidence-based.

Article 177. [ Collision rules] 1. The sharing of the right of registration to a geographical indication, the use of which would violate the protection of the trademark, may occur if the right of protection waivers the right to renounce his or her right.

2. The waiver of a protective right for a trade mark shall not be required if the declaration of the geographical indication for registration, made in an arrangement with the right to sign, includes it as the person who that designation can use, and the maintenance in the power of this law will not unduly restrict the use of a geographical indication by other eligible persons.

(3) In assessing whether the protection of a trademark does not unduly restrict the use of a geographical indication by other rightholers, it shall in particular take into account the possibility of using that designation in other forms than it represents. Trade mark.

Article 178. [ Prohibition of granting registration rights] 1. There shall be no right of registration to be true in the literal sense of the area from which the goods originate, which could mislead the purchasers, that the goods originate from another, which is famous for the products in question. In the case of homonymous geographical indications, protection may be granted, except that the Patent Office will call upon the applicant who has made the notification later, to make the relevant changes to distinguish it from the designation of the applicant. registered or previously reported.

2. Paragraph Recipe 1 shall apply mutatis mutandis where the geographical indication has been registered in accordance with the procedure referred to in Article 4. 4, or has been entered on the national list of protected geographical indications of spirit drinks on the basis of the Act referred to in art. 132 (1) 1 point 1 ² .

Article 179. [ Prohibition of granting registration rights for generic names] A right of registration may not be granted for a designation which, following its general use for the designation of a type of goods, has become generic, unless it is a public interest or the protection of the sign derives from the contract. International.

Article 179 ¹ . (repealed).

Article 180. [ A call for a call to complete the notification] The Patent Office, in the course of the examination of the declaration of a geographical indication, shall issue orders to the applicant, under the rigorous remission of the proceedings, to complete the notification or to delete, within a set time limit, the deficiencies and the relevant failures.

Article 181. [ Prohibition of providing information] During the period preceding the registration of the geographical indication, the Patent Office shall not give any unauthorised notification to the persons the notification without the consent of the applicant.

Article 182. [ Decision to grant the right of registration] 1. The Patent Office shall issue a decision to grant the right of registration to a geographical indication after finding that the application has been drawn up correctly.

2. The application shall not be deemed to have been written properly if the designation does not inform, or informs in a non-true manner, of the origin of the goods, and if it does not meet the conditions for granting the right of registration referred to in art. 174 (1) 2 and Art. 176-179. The provisions of Article 4 49 shall apply mutatis mutandis.

3. The sharing of the right of registration shall be subject to payment of the fee for protection. In the event of non-payment of the fee within the prescribed period, the Patent Office shall state the expiry of the decision to grant the right of registration.

4. The allocated rights from registration to a geographical indication shall be subject to the entry in the Register of Geographical Indications.

5. The sharing of the right of registration to a geographical indication shall be stated by issuing the registration certificate.

Article 183. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, the detailed requirements to be met by the notification of the geographical indication, as well as the detailed scope and the procedure for examining the The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

Chapter 3

Rights from registration to geographical indication

Article 184. [ Protection of geographical indication] 1. A geographical indication may be granted the right of registration.

2. The protection of the geographical indication shall be indefinite and shall be maintained from the date of the entry in the register of geographical indications, maintained by the Patent Office.

Article 185. [ Prohibition of use of geographical indications] 1. The geographical significance, for which the right of registration has been granted, may not be used in the area of the Republic of Poland by persons whose goods do not meet the conditions underlying the grant of the right of registration. The provisions of Article 4 154, 155 and 156 shall apply mutatis mutandis.

2. The geographical significance shall not be used by the persons referred to in the paragraph. 1, even if such use is not intended to indicate the geographical origin of the goods, and where the actual place of manufacture of the goods is indicated.

3. Geographical importance cannot be used by the persons referred to in the paragraph. 1, whether or not with additives indicating the type of product, such as: "imitation", "kind", "manner".

4. The prohibition referred to in paragraph 1. 1-3, refers to the geographical indication in its original wording, in translations and in other forms of derivatives.

Article 186. [ Use of geographical indications in good faith] Persons who, acting on a given territory, have previously used, in good faith, a geographical indication and their goods do not fulfil the conditions underlying the grant of the right of registration, may continue to use it, however, for no longer than a year, from the date on which the right of registration is granted.

Article 187. [ Right to use geographical indication on the market] 1. The self whose goods meet the conditions of use of the geographical indication shall be entitled to the right to use it on the market. It may also apply to the Patent Office requesting it to be entered in the register as entitled to use that designation.

2. The condition of the alert referred to in paragraph 1. 1, shall be the submission by the applicant of a written declaration entitled under the right of registration, certifying that the applicant's goods have fulfilled the conditions for the use of the geographical indication, or the judgment of the court.

3. The entitlement referred to in paragraph 3. 2, it may also request the deletion from the register of the person whose goods do not meet or no longer fulfil the conditions underlying the grant of the right of registration.

Article 188. [ Amendment of the terms of use of the geographical indication] 1. At the request of the entitled under the right of registration may be made to change the terms of the use of the geographical indication, such as the boundaries of the land to which the designation refers, the conditions of manufacture of the goods, the special features or the characteristics of the goods or the method of their control, if justified in particular by reason of technological progress or the development of the production of products.

2. In the case of a demonstration by the eligible for the right of registration, that the requested change referred to in the paragraph. 1, do not oppose the person disclosed in the register as entitled to use the marking, the Patent Office will issue a decision on the change and make the relevant entry in the register.

3. If the person expressing opposition against the change referred to in paragraph. 1, submitting within a month in the Patent Office an application for the recognition of the requested amendment to be unfounded, the case will be referred for consideration in the course of the disputed proceedings. Otherwise, the Patent Office shall deem the opposition to be withdrawn and shall issue the decision referred to in paragraph 1. 2.

4. In matters of foreign geographical indications, the basis for making the amendment referred to in paragraph 1 1, may only be presented by the holder of the right of registration with evidence of an appropriate change in the conditions of use of the designation in the country of its origin.

Article 189. [ Transfer of authority to an organisation or body] The holder of the right of registration for a geographical indication may transfer his or her powers to another organisation or body on the basis of an agreement, subject to the conditions referred to in Article 4. 176 (1) 2-4. The entry in the register of the above amendment shall be made on request.

Article 190. [ Registered Geographical Indication] The registered goods entitled to designate a registered geographical indication may indicate that this designation has been registered by means of the term 'registered geographical indication' or 'G' inscribed in a circle in which the goods are registered. the vicinity of this marking.

Chapter 4

Annulment and termination of the right of registration to a geographical indication

Article 191. [ Annulment of the right of registration] The right of registration for a geographical indication may be invalidated at the request of any person who has a legal interest in that, if it demonstrates that the statutory conditions required to obtain that right have not been fulfilled.

Article 192. [ Decision determining the termination of the right of registration] 1. A person who has a legal interest in this, may, subject to the paragraph. 3, request a decision declaring the expiry of the right of registration for a geographical indication which no longer meets the statutory conditions laid down for the acquisition of protection or has not been used for a period of five years and there are no valid reasons for its is not used.

2. The obligation to demonstrate the use of a geographical indication or of the existence of reasons justifying not using the designation shall lie with the holder of the registration right.

3. To markings, the protection of which results from an international agreement, a provision of a paragraph. 1 shall not apply.

(4) The use of a regional name on the market as a generic name for similar goods shall not constitute a reason for the cancellation of the right of registration of that designation or of the finding of an expiry.

5. The right of registration to a geographical indication shall also lapse as a result of the waiver of the right by the authorized person before the Patent Office, with the consent of the persons disclosed in the register as entitled to use the designation.

6. In the case referred to in paragraph. 5, the Patent Office shall issue a decision declaring the expiry of the right of registration.

Article 193. [ Attorney of the Attorney's Office and the President of the Patent Office] The Prosecutor General of the Republic of Poland or the President of the Patent Office may, in the public interest, request the cancellation of the right of registration to a geographical indication or to issue a decision determining the expiry of that right or proceed to the ongoing proceedings.

Article 194. [ Expiry date of the right of registration] The right of registration for a geographical indication shall expire on the day on which the event occurs, with which the Act shall bind the effect of the expiry of the registration rights. The date of expiry of the right of registration should be confirmed in the decision.

Article 195. [ Entry for annulment or expiration of the registration rights] The cancellation or termination of the right of registration shall be subject to the entry in the Register of Geographical Indications.

Title IV

Topographies of integrated circuits

SECTION I

Introductory provisions

Article 196. [ Topography of chip] 1. Through the topography of the integrated circuit, hereinafter referred to as the "topography", the solution consists of spatial, expressed in any way, the contingtation of elements, of which at least one is an active element, and all or parts of Chip connections.

2. The integrated circuit shall be understood to mean one or multilayer spatial creation, formed of elements of semiconductor material forming a continuous layer, their interconnection of conductors and insulating areas, inseparable from each other conjugated, to perform electronic functions.

Article 197. [ Right of registration-topography] 1. The topography shall be granted the right of registration.

2. The law on the registration of topography may be granted, subject to the paragraph. 3 and 4, for the original topography.

3. The right of registration of topography shall not be granted if, prior to the notification in the Patent Office, it was used explicitly for commercial purposes in a period of more than two years.

4. It shall not be granted the right from the registration of topography, if from its filing and fixation in any form it has been 15 years and it has not been used for commercial purposes.

Article 198. [ Original topography] 1. Topography shall be considered to be original if it is the result of intellectual work of the creator and is not widely known at the time of its formation.

2. A topography consisting of elements of the universally known elements shall be granted the right of registration only to the extent that the combination of these elements is original.

Article 199. [ The ban on the provision of the right from registration to topography] No registration rights shall be granted for the topography clearly resulting from the function of the integrated circuit in which it is applied.

Article 200. [ Entitled] The holder, his legal successor or the person with whom the creator is associated with the relationship of work or other contract or who has provided the creator of the aid in the formation of the topography, is entitled to obtain the right of the topography. The provisions of Article 4 11, 12, 20 and 21 shall apply mutatis mutandis.

Article 201. [ Remuneration for the use of topography] The creator of the topography has the right to pay for the use of this topography by the entrepreneur. The provisions of Article 4 22 and 23 shall apply mutatis mutandis.

SECTION II

Notification and examination of a report of topography

Article 202. [ Request for topography] 1. The report of topography should include:

1) application;

2) a material identifying the topography, containing the necessary data to unambiguly determine the topography;

3) a statement concerning the date of placing the topography on the market, if it took place prior to the filing of the application.

2. In the notification referred to in paragraph. 1, the declarant shall have no obligation to disclose information which constitutes a production or trade secret, unless they are necessary for the identification of topography.

3. A topography request can only be related to a single solution.

4. The request of topography, which includes at least the application and the part looking for the material identifying the topography, gives the basis for recognition of the declaration for the made.

Article 203. [ The grant of the right from the registration of topography] 1. The division of the law from the registration of topography occurs by the registration of a topography which is the subject of a properly executed declaration in the Patent Office.

2. The Patent Office shall issue a decision to grant the right of registration if, after checking the declaration in accordance with the paragraph. 1 does not find obstacles to obtaining the right from the registration of topography. The registration shall be subject to payment of the fee for the first term of protection.

3. In the event of non-payment of the fee within the prescribed period, the Patent Office shall state the expiry of the decision to grant the right from the registration of topography.

Article 204. [ Decision on refusal of the law] The Patent Office shall issue a decision refusing to grant the right of registration if it finds obstacles to its obtaining, which cannot be removed. Article Recipe 49 (1) 2 shall apply mutatis mutandis.

Article 205. [ Entry to the topography register] Granted rights from the registration of topographies are subject to the entry in the register of topographies of integrated circuits.

Article 206. [ Registration Certificate] The grant of the right of registration shall be stated by the issue of the topography registration certificate.

Article 207. [ Prohibition of providing information] 1. Prior to the granting of the right of registration, the Patent Office shall not provide information on the notification to persons not authorized without the consent of the declarant.

2. The material identifying the topography shall not be disclosed without the consent of the rightholder also after the grant of the registration rights.

3. Paragraph Recipe 2 shall not prevent the disclosure of the documentation at the request of the judicial authorities and the parties to the dispute as to the validity of the law granted or to the violation of the law.

Article 208. [ Registration of topography registration] The authorised may indicate that its topography has been registered, by placing on a topography or product containing a protected topography of the letter "T" inscribed in a circle.

Article 209. [ Relevant application of the provisions] 1. The declaration and processing of the topography declaration shall be applied accordingly, subject to the paragraph. 2, the provisions of art. 31 par. 4, art. 32, 36-37, 39, 41, 42 and 46.

2. The implementation of changes to the notification in the course of its examination shall not relate to changes made in the topography itself.

Article 210. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, the detailed requirements to be met by the topography notification, as well as the detailed scope and mode of treatment of the notifications The determination of the requirements to be met by the notification must not lead to the creation of excessive, beyond the need, of obstruction to the notifier.

SECTION III

Right of registration of topography

Article 211. [ Right of registration of topography] By obtaining the right of registration it acquires the right to exclusive use of topographies in a gainful or professional manner throughout the territory of the Republic of Poland.

Article 212. [ Violation of rights] 1. The right of registration violates a person who without the consent of the rightholder:

1) reproduces in whole or in part the protected topography, with the exception of reproducing the part which does not meet the requirement of originality laid down in Art. 198;

2. imports, sells or otherwise place on the market a copy of the protected topography, the integrated circuits produced by such a copy, and the products containing such integrated circuits.

2. Reproducing the topography is to restore it in a chip based on a pattern, documentation, or analysis.

Article 213. [ Disable] The right of registration by the use of a topography of a chip integrated in the means of communication and their parts or devices which are located in the area of the Republic of Poland temporarily and also in the products which are on this the area in transit communications.

Article 214. [ Acquisition of topography without the consent of the rightholder] It shall be without prejudice to the right of registration of a person who copies without the consent of the authorized protected topography, if it does so for personal purposes or solely for the purpose of evaluation, analysis, examination or teaching.

Article 215. [ Exemption: development of topographies meeting the requirement of originality] It does not violate the right of registration of a person who, on the basis of the assessment or analysis of the protected topography, will develop a topography complying with the originality requirement referred to in art. 198.

Article 216. [ Exemption: use, in the necessary dimension, from topography for state purposes without exclusive rights] The right of registration by the use, to the necessary dimension, of topography for state purposes without the exclusive right, if necessary to prevent or remove the state of threat of important interests of the State, in particular in the security and public order. The provisions of Article 4 69 par. 2-4 shall apply mutatis mutandis.

Article 217. [ Exclusion: placing on the market of the product with unlawfully used topography] It does not constitute a violation of the law from the registration of the topography import or the placing on the market of a product containing the unlawfully used topography by a person acting in good faith. After obtaining information on the existence of protection of this topography, further commercial activity in this area is possible only with the consent of the rightholder. Goods held or ordered prior to the obtaining of such information may be placed on the market subject to payment of the entitled amount corresponding to the licence fee.

Article 218. [ Scope of the right of registration] 1. The right of registration shall not extend to activities concerning copies of protected topographies, integrated circuits manufactured using such a copy, as well as articles containing such integrated circuits, consisting in particular of their offer to sale or further marketing if they have previously been placed on the market in the territory of the Republic of Poland by the authorized or with his consent.

2. It shall also not constitute an infringement of the right of registration of imports and other activities referred to in paragraph 1. 1, concerning copies of protected topographies, integrated circuits produced with such a copy, and products containing such integrated circuits, if they have been previously placed on the market in the territory of the European Economic Area by the rightholder or with his consent.

Article 219. [ Identical topography created independently by a third party] 1. An authorized shall not assert his rights in relation to another identical topography, if it was created independently by a third party.

2. If the two topographies are identical in whole or in part, it shall be presumed that the topography, which may have been the reproduction of topography previously reported in the Patent Office or previously explicitly marketed, is its reproduction.

Article 220. [ Ustands for protection of topography] The protection of topographies shall cease after ten years from the end of the calendar year in which the topography or chip containing such topography was placed on the market, or the end of the calendar year in which the topography was filed in the Office Patent, depending on which of these terms has passed before.

Article 221. [ Relevant application of the provisions] 1. The right of the topography registration shall be applied accordingly, subject to the paragraph. 2, the provisions of art. 67, 68, 72, 74, 75, 76-79, 81-90 and 92.

2. The right of registration of topography shall also expire fifteen years from its performance and fixation, if that period expires earlier than the period for which the right of registration was granted, and the topography was not used for purposes at that time Trade.

Title V

Fees, registers, documents and official notices

SECTION I

Fees

Article 222. [ Fees] 1. The Patent Office shall levy one-off charges and periodic fees in connection with the protection of inventions, medicinal products, plant protection products, utility models, industrial designs, trademarks, geographical indications and topography of layouts merged.

2. The fees referred to in paragraph. 1, constitute the revenue of the State budget.

3. The Council of Ministers shall lay down, by means of a regulation, detailed rules for the establishment, payment and amount of the fees, taking into account the breakdown into one-year or several years of protection. These charges shall not lead to an excessive and unreasonable limitation of the availability of procedures for the acquisition and maintenance of protection.

Article 223. [ Payment Deadline] 1. The one-time charges for filing, applications, statements and other actions provided for in the Act shall be paid in advance, if the Act or Regulation referred to in Art. 222 ust. 3, does not provide for payment of the fee for the call of the Patent Office within the specified time limit.

2. The one-time fee for the filing may also be paid within one month from the date of service of the call of the Patent Office.

3. If, as a result of a complex application for reconsideration of the case, the decision or order of the Patent Office has been repealed, the fee paid from the application shall be refunded.

4. In the event of non-payment within the period of charges, which should be paid in advance, the Patent Office shall call for the payment of these fees within 14 days. In the event of an unsuccessfully expiry of the prescribed time limit, the proceedings initiated as a result of the filing of the application or of the application shall be remitted or the act subject to the fee shall be abandoned.

Article 224. [ Time limits for payment of fees] 1. The term for payment of a one-off fee for the protection or fee for the first term of protection, specified in the decision to grant the patent, the protection law or the right of registration, shall be three months from the date of service of the summon. At the same time, the declarant may pay a fee for further commenced security periods or the fee required to extend the protection for periods started before that date.

2. Fees for further periods of protection shall be paid, subject to paragraph 1, in advance, not later than on the date of the expiry of the previous period of protection.

3. The periodic fees referred to in paragraph 2, may be paid within one year before the date specified in the paragraph. 2. These fees shall be repaid if, before that date, the granted right is annulled or expires. Fees for previous periods and for the current period are not refundable.

4. The fees referred to in paragraph 2, may also be paid within six months after the expiry of the period specified in the paragraph. 2, at the same time payment of an additional fee of 30% of the levy due. This time limit shall not be reinstated.

5. In case of granting of an additional patent it is charged for the protection of the invention of the one-off fee.

6. If the adjunctive patent becomes a patent, periodic fees shall be levied, starting with the term of protection following the termination of the main patent, in the amount that would fall for that period and further periods of protection of the invention constituting the subject matter the main patent.

7. To periodic fees for the protection of a medicinal product and product of plant protection on the basis of the supplementary protection law of the provisions of the paragraph. 2-4 shall apply mutatis mutandis, subject to paragraph 1. 8.

8. In the case of a decision to grant an additional protective law, if the expiry of the period for which the basic patent was granted has elapsed, the security fee due may be paid within 3 months of receipt of the decision.

Article 225. [ Prohibition of recall] 1. The term for payment of the fee referred to in art. 223 ust. 2 or Article 224 ust. 1, may be, subject to the paragraph. 3, reinstated at the request of the declarant, if within two months of the date of cessation of the reasons for failure, however, no later than six months after the date on which that period expired, prima facie evidence that the failure has taken place without his or her blame. At the same time, the declarant should pay an outstanding fee with the submission of such a request.

2. Reinstatement of the time limit for submission of the application referred to in paragraph. 1, it is unacceptable.

3. If a decision to discontinue proceedings has been issued on the grounds of non-payment of the fee referred to in Article 223 ust. 2, or the decision declaring the expiry of the decision to grant the patent, protective law or, accordingly, the right of registration due to the non-payment of the fee referred to in art. 224 ust. (1) Such a decision may be waived at the request of the applicant to reconsider a case in which he or she is likely to have failed to do so without his or her fault, and to pay the outstanding fee at the same time.

4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis in the event of non-payment, within the time limit indicated in Article 3. 224 ust. The second sentence, the levies for further commenced security periods or the charges required to extend the protection for periods started before that date.

Article 226. [ Partial Fee Exemption] 1. [ 62] Where the declarant demonstrates that he is not in a position to bear the full amount of the application fee, the utility model, the trade mark or the industrial design, the Patent Office shall, at the request of the declarant, exempt it in part from that charge. The remaining part of the fee shall not be less than 20% of the fee payable.

2. Where the applicant shows that he is unable to bear in full the charge on the application for a decision in the disputed proceedings and from the application for reconsideration of the case, the Patent Office shall release it partially or completely from that fees.

3. Paragraph Recipe 2 shall also apply to periodic charges for the protection of an invention or utility model and a one-off fee for the protection of an invention which is the subject of an additional patent. This does not apply to fees for periods exceeding ten years from the notification.

3 ¹ . [ 63] In the cases referred to in paragraph 1. 1-3, the Patent Office may, under the rigorous of leaving the application without consideration, call upon the declarant or the applicant to make a declaration on the property or family and property status of persons remaining with the declarant or the applicant in a common household.

4. At the reasoned request of the declarant, filed before the expiry of the prescribed period, the time limit for payment of the fees referred to in art. 224 ust. 1, may be postponed by the Patent Office, no longer than by 6 months. The deferred term is not restored.

5. In the cases referred to in paragraph. 1-4, The Patent Office issues provisions. In the event of refusal of exemption or partial exemption from the fee, the time limit for payment shall be set.

6. It shall be exempt from the charge for a request for reconsideration of the case in connection with the decision referred to in the paragraph. 5.

Article 227. [ Fee for posting information] The Patent Office charges a one-time fee for posting in the "Patent Office News" of patent grant information, supplementary protection law, protective law, registration rights and for the publication of those parts of the notification, which are subject to publication, as well as for issuing a document stating the grant of the right (publication fee). The declarant shall pay the fee upon receipt of the decision to grant the right, within three months of the notification of the call. In this case, art. 223 ust. 4 does not apply.

Article 227 ¹ . [ Pause of document release] The Patent Office shall withhold the issue of a patent document, an additional protective certificate, a protective certificate or a registration certificate until the date of payment of the fee for the publication referred to in Article. 227.

SECTION II

Registers and documents

Article 228. [ Registers operated by the Patent Office] 1. For the making of entries of granted patents, additional protective rights, protective rights and the rights of registration, the Patent Office conducts:

1) the patent register;

1 ¹ ) [ 64] a register of supplementary protection rights;

2) the register of utility models;

3) a register of industrial designs;

4) the register of trade marks;

(5) the register of geographical indications;

6) register of topographies of integrated circuits.

1 ¹ . [ 65] The register referred to in paragraph 1. In addition to the entries on the legal status of patents granted, point 1 also contains a separate section covering the entries of European patents within the meaning of the Act of 14 March 2003. concerning the making of European patent applications and the effects of the European patent in the Republic of Poland (Dz. U. Nr. 65, pos. 598, 2007 No. 136, pos. 958 and from 2015 items 1266).

2. (repealed).

3. The registrars referred to in paragraph 1, are explicit.

(4) The entries in the registers referred to in paragraph 1 shall be presumed to be presumed to be valid. 1, they are true and that everyone is familiar with their content.

5. The confirmation of the data contained in the records kept by the Patent Office appears to be extracts.

Article 229. [ Decision-based entry] 1. In cases in which the entry in the register is subject to application, the entry shall be made on the basis of a decision.

1 ¹ The application referred to in paragraph 1 shall be amended. 1, should include in particular:

1) the designation of the applicant and his address;

2) a clearly defined request;

3) the signature of the applicant or his statutory representative or representative and the date of the application;

4. the list of annexes.

1 ² . The application shall be accompanied by:

1) a power of attorney, if the applicant has established a proxy;

2) proof of payment of the fee due from the application;

3) documents justifying the issuance of a decision to make an entry in the register.

1 ³ If the application does not comply with the requirements referred to in paragraph 1. 1 ¹ or 1 ² The Patent Office shall invite the applicant to make a decision to complete it or to correct it within the time limit referred to in Article 4. 242 (1) 1, under the rigorous of leaving the application without recognition.

2. By looking at the application referred to in paragraph. 1, the Patent Office shall examine whether the complex documents, intended to justify the issuance of a decision to make an entry in the register, do not violate the Act and correspond to the form of the applicable regulations.

2 ¹ The Patent Office shall issue a decision to refuse entry in the register when the documents submitted and the explanations do not justify the decision to make such an alert. Before the decision is taken, the Patent Office shall invite the applicant to remedy the deficiencies or to provide an explanation, within the time limit referred to in Article 4 (1) of the Treaty. 242 (1) 1, under the rigorous remission of the proceedings.

3. The entries referred to in paragraph. 1, do not bind the body, to which the competence, in accordance with the provisions of law, is to be resolved on the document underlying the decision on the entry to the register or in a case, the result of which could affect the decision of the Patent Office to make entries in the registry.

Article 230. [ Delegation] The President of the Council of Ministers shall determine, by means of a regulation, the manner in which records are kept, the conditions and the mode of entry in them, the manner and mode of view of the registers and the drawing-up of extracts The identification of this method, conditions and modalities should favour the use of modern techniques for providing information, but cannot create excessive, more than the need to impede the right of the patent, the supplementary protection law, the right to the protection or rights of registration.

Article 231. [ Stamp] 1. [ 66] The Patent Office shall issue authorised patent documents, supplementary protection certificates, protective certificates for utility model, trademark protection certificates, registration certificates for the industrial design, certificates of registration of the geographical indication and certificates of registration of topography and evidence of primacy. Documents stating the grant of a patent, supplementary protection law, protective law, registration rights and evidence of priority shall be stamped with a circular seal with an image of eagle in the crown and inscription in the edge: " Patent Office of the Republic of Poland Polish ".

2. The Patent Office at the request of the authorized shall issue a duplicate of the document referred to in the paragraph. 1.

Article 231 ¹ . [ Delegation] [ 67] The President of the Council of Ministers shall determine, by means of a regulation, the design of the patent document, the supplementary protection certificate, the protective certificate for the utility model, the certificate of protection for the trademark, the certificate of registration of the industrial design, the certificate registration of the geographical indication, certificates of registration of topography and proof of priority, taking into account the need to harmonize the form and content of documents confirming obtaining by the authorized patent, protective law or the right of a registration or priority.

SECTION III

Official notices

Article 232. [ Announcements in "News of the Patent Office"] 1. [ 68] About granted patents, additional protective rights, protective rights, registration rights, protection of international trade marks and industrial designs, as well as complex translations of European patents advertised in " News The Patent Office '.

2. The announcement in the "News of the Patent Office" shall also be subject, subject to the paragraph. 3, the entries and modifications made to the records of the rights granted.

3. There shall be no notice of the termination of the patent, the supplementary protection law, the right of protection or the right of registration, if it has occurred as a result of the expiry of the period for which the right has been granted.

Article 233. [ Refuse announcement] The "News of the Patent Office" also announces information on decisions refusing to grant a patent, supplementary protection law or protective law, whether or not the decision to grant is lapsed. patent, supplementary protection law or protective law, as well as complex applications for protective rights on a model nugget (Art. 38), in cases of inventions and utility models and trademarks, of which the Patent Office has previously made an announcement in the manner provided by the Law, and of the addresses, software and data format used in the Patent Office for notifications in electronic form or in an IT data medium, as well as documents which may be transmitted in electronic form or in an IT data medium.

Article 233 ¹ . [ Announcements in the "Patent Office Bulletin"] The application of the invention, utility model and trade mark is announced in the "Patent Office Bulletin".

Article 234. [ Other announcements] Other than those referred to in Article 232, art. 233 and art. 233 ¹ the notices referred to in the Act, acts of an official nature and the communications shall be made in the 'Patent Office News'.

Title VI

Parties, agents, appointments, declarations and correspondence, remedies and information on notification in the notification and registration proceedings

Article 235. [ Page] 1. (repealed).

2. A party in proceedings before the Patent Office on obtaining a patent, a protective law or the right of registration shall be the declarant.

Article 236. [ Attorney of the Party] 1. The Plenipotentiary of the party in proceedings before the Patent Office in matters relating to the handling and handling of applications and maintaining the protection of inventions, medicinal products and products of plant protection products, utility models, designs industrial, geographical indications and topographies of integrated circuits may be a patent spokesperson or a person providing cross-border services within the meaning of the Act of 11 April 2001. o Patent Advocates (Dz. U. 2011 Nr 155, poz. 925, of late. zm.), hereinafter referred to as the "Patent Advocates Act".

1 ¹ . A representative of the party in proceedings before the Patent Office in matters relating to the performance and handling of applications and the maintenance of the protection of trademarks may be a patent attorney, attorney, legal counsel or a person providing services cross-border within the meaning of the Act on Patent Advocates.

2. Plenipotentiary of a natural person, subject to the paragraph. 3, may also be complicit, as well as parents, spouses, siblings or descendants of the party and persons remaining with the party in relation to the adoption.

3. Persons not domicile or established in the area of the Republic of Poland in the cases referred to in the paragraph. 1 and 1 ¹ , may act through a patent ombudsman, lawyer, or legal adviser. This obligation does not apply to persons resident or established in the territory of the European Union, a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area or the Confederation Swiss.

Article 237. [ Plenipotentiary] 1. Only one natural person may be a member of a party to a single task.

2. Plenipotentiary should be given in writing and attached to the act in making the first legal action.

3. If the power of attorney concerns more than one case, it should be attached to the file of the case in which the proxy is making the first act. When carrying out activities in other matters covered by the mandate, the proxy shall be accompanied by a certified copy of the power of attorney.

4. A patent spokesperson may itself authenticate a copy of the power of attorney granted to him.

5. [ 69] In the case of non-adoption of the document of attorney or failure to pay the due fee payable by a power of attorney, the Patent Office, setting for this purpose the relevant time limit, calls, by way of order, a proxy for the rectification of the deficiencies found and the party to confirmation of the acts carried out by the representative, under the rigorous remission of proceedings or omission of a task subject to payment of a fee.

Article 238. [ Appeal of power of attorney] 1. If a proxy has already acted in the case and the party is established by another representative with the same scope of action, the first power of attorney shall be deemed to have been revoked.

2. If the power of attorney includes several persons established for the same acts, the proxy shall be considered to be the one who carried out the task and joined the power of attorney to the act. When taking action by another person mentioned in the mandate, the person shall have the right to act as a person. 1 and Art. 237 (1) 3 shall apply mutatis mutandis.

Article 239. [ Recognition of the statement of power of attorney] If authorised by the party to act in the proceedings before the Patent Office of the service provider in this regard and make a declaration by the manager of that entity, indicating the patentative spokesperson employed in it as to act, such statement shall be deemed to be a power of attorney.

Article 240. [ Substitution] 1. Plenipotentiary, with the exception of persons referred to in art. 236 para. 2, may grant further powers of attorney (substitution).

2. No power of attorney from the other co-law is required when carrying out conservative actions.

Article 241. [ Correspondence address] 1. If a party in the case is a few persons and did not appoint a common representative, they should point to one address for correspondence. Where such an address is not indicated, it shall be deemed to be the address of the person named in the first place in the notification or in another document which is the basis for the opening of the procedure.

2. At the request of the party, the Patent Office shall transmit the letters addressed in accordance with the paragraph. 1 also in addition to the addresses indicated by the website. That provision shall also apply in cases where the party to the case is one of the persons who appointed the representative.

Article 241 ¹ . [ Submitting tickets and correspondence] 1. In proceedings before the Patent Office on obtaining a patent, supplementary protection law, protective law or the right of registration, as well as maintaining them in force, the filings made and correspondence require the keeping of the written form; Notifications and correspondence may also be sent via facsimist or electronic form.

2. For correspondence sent:

1) by means of the facsimist of the provisions of art. 13 (1) 3 and 4 shall apply mutatis mutandis;

2) in the form of electronic art regulations. 13 (1) 6 and 7 shall apply mutatis mutandis.

2 ¹ . [ 70] Notifications and correspondence sent in electronic form for a signature equivalent to a handwritten signature shall also be considered to be an electronic signature meeting the requirements laid down in international agreements or European Union law, o which are referred to in art. 4.

3. The President of the Council of Ministers shall determine, by means of a regulation, the detailed technical conditions for making the declarations and conducting the correspondence referred to in the paragraph. 1, in electronic form. The determination of the conditions to be followed by the notification and the correspondence made in electronic form shall not lead to the creation of excessive, more than the need, the difficulties for the notifiers.

Article 242. [ Terms] 1. Unless the Act provides otherwise, in the course of proceedings in matters relating to the handling of applications and the maintenance of protection of inventions, medicinal products, plant protection products, utility models, industrial designs, trade marks, geographical indications and topographies of integrated circuits, as well as in the proceedings concerning the making of entries in the registers kept by the Patent Office referred to in art. 228 (1) 1, the Patent Office shall designate a party to make the specified tasks the terms not shorter than:

1) month, when the party is domicile or established in the area of the Republic of Poland;

2) 2 months, when the site is domicile or established abroad.

2. In justified cases, the Patent Office shall determine the longer term referred to in the paragraph. 1, but not more than 3 months.

3. The action may be made within 2 months after the expiry of the deadline set in accordance with the paragraph. 1 or 2 if, before its expiry, the party notifies the Patent Office in writing of the reasons for failure to meet that deadline.

Article 242 ¹ . [ Translations made in the foreign language of materials and documents] [ 71] 1. The applicant, who, in the course of proceedings before the Patent Office, requests the translation of the foreign language of the materials and documents which may indicate the existence of obstacles to obtaining the patent, the supplementary protection law, the protection law or the rights of registration, bear the costs of their translation into Polish.

2. The Patent Office may request the declarant to pay an advance payment to cover the costs referred to in the paragraph. 1.

3. In the case of non-payment by the declarant of the advance payment of the amount and the time indicated in the request referred to in paragraph. 1, shall be deemed to be withdrawn.

4. To translate the materials and documents for the purposes of the proceedings before the administrative court provision of the paragraph. 1 shall apply mutatis mutandis.

Article 243. [ Restoration of deadline] 1. [ 72] If, in the course of the examination of the case, the time limit has been set aside for the purposes of the conditioning operation, in accordance with the law, the conduct of the proceedings, the Patent Office may, at the request of the party, if the Act does not provide otherwise, restore the time limit, if the party is prima facie, Failure to do so was without fault. At the same time as submitting an application for reinstatement, the applicant shall carry out the action for which the deadline has been appointed

2. [ 73] The proposal referred to in paragraph 1. 1, consists of the Patent Office within the deadline:

1) six months from the date on which the time limit for carrying out the specified action has elapsed, in the case of trade marks;

2) two months from the date of cessation of the cause of failure to fulfil the term, but not later than six months after the date of expiry of the time limit for carrying out the specified action-in the case of inventions, additional protective rights, designs utility designs, industrial designs, geographical indications and topography.

3. Reinstatement of the time limit for submission of the application referred to in paragraph. 2, it is unacceptable.

4. If a decision to discontinue proceedings has been issued as a result of a failure to fulfil the time limit for carrying out a particular action, it may be waived if the party submits a request for reconsideration of a case in which it is prima facie case that the failure to comply with the procedure has been without fault, and at the same time shall carry out the activities for which the term has been appointed.

5. If the time limit for filing the declaration in order to preserve the prior priority or the deadline for submission of the document falls on the date on which the Patent Office is inactive for the interests, service of the declaration or document on the first day of opening The Patent Office shall be treated as having been made within the time limit.

6. To the terms to which the provision of the paragraph is not applicable. 1, repealed due to exceptional circumstances, the provisions on the suspension of the limitation period for reasons of force majeure shall apply mutatis mutandis. In these cases, the Patent Office shall issue the provisions after the submission of the relevant evidence by the interested party concerned.

7. Regardless of the provision of the paragraph. 5 and 6 The Patent Office shall ensure that the consignments delivered by the persons concerned are accepted at all times, irrespective of the time of day.

Article 244. [ Application for reconsideration of the case] 1. From the decision of the Patent Office of the party shall serve a request for reconsideration of the case within the meaning of the Code of Administrative Procedure.

1 ¹ The proceedings for reconsideration shall be applied mutatis mutandis, subject to paragraph 1. 1 ² -1 ⁴ , the provisions of the Code of Administrative Procedure for the examination of the appeal against decisions

1 ² The request for reconsideration of the case requires a justification.

1 ³ The divorce shall be carried out in the case referred to in Article 4. 89 § 2 of the Code of Administrative Procedure, also at the request of the declarant.

1 ⁴ For reconsideration of the case, the President of the Patent Office shall appoint an expert.

2. (repealed).

3. The provisions of the paragraph. 1 and paragraph. 1 ¹ -1 ⁴ shall apply mutatis mutandis to the provisions.

4. The time limit for the submission of an application for reconsideration of the case completed by the decision shall be 2 months, and completed by order-1 month from the date of service of the decision or the order.

5. Before the expiry of the time limit to submit a request for reconsideration of the case, the decision shall not be executed.

Article 244 ¹ . [ Call for Deficiency Deletion] If the request for reconsideration of the case does not meet the formal requirements, the Patent Office shall invite the applicant to remedy the deficiencies within 30 days under the rigorous remission of the proceedings.

Article 245. [ Consequences of reconsideration of the case] 1. [ 74] As a result of reconsideration of the case, the Patent Office shall issue a decision in which:

(1) maintain in force the contested decision, or

2) repeals the contested decision in whole or in part and resolves the merits of the case, or

3) repeals the contested decision in whole or in part and shall terminate the proceedings in the case.

(2) In the event of failure to take account of the request and the maintenance of the decision, the time limit for the action referred to in the contested decision shall be reconsidered.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis in the settlement of the request for reconsideration of the case relating to the order in question.

Article 246. [ Objection] 1. Everyone can bring a motivated opposition to the final decision of the Patent Office to grant a patent, a protective right or the right of registration within 6 months of being published in the "Patent Office News" of the information on the right.

2. The basis for the opposition referred to in paragraph 2. 1, constitute the circumstances which justify the annulment of the patent, the protection law or the right of registration.

Article 247. [ Notice of opposition] 1. The objections referred to in Article 1 shall be raised by the Commission. 246, the Patent Office shall notify the rightholder without delay, setting a time limit for the opposition to be informed.

2. If authorised in response to the notice of the Office referred to in paragraph. 1, it will raise the allegation that the opposition is unfounded, the matter will be referred to the dispute in the disputed proceedings. Otherwise, the Patent Office issues a decision repealing the decision to grant a patent, a protective right or the right of registration, while moralizing the proceedings.

Article 248. [ The complaint to the administrative court] The decision and the provisions of the Patent Office shall be entitled to a complaint to the administrative court.

Article 249. [ Examination of the complaint] 1. The President of the Patent Office shall appoint an expert to consider the merits of the received complaint.

2. In the outcome of the complaint, the Patent Office shall either take it into account in its entirety or provide the administrative court with a response to the complaint together with the file.

Article 250. [ Hold of decision or provision] The execution of a decision or an order may be the result of a complaint referred to in Article 4. 248, withheld by the President of the Patent Office also, when such a hold has not taken place by law or as a result of the order of the administrative court.

Article 251. [ Provision of information in the proceedings] 1. The Patent Office shall provide information on the application of the invention, supplementary protection law, utility model, industrial design, trade mark, geographical indication and topography, and shall make available the filing records at each stage of the proceedings: [ 75]

1. the declarant and his representative;

2) law enforcement agencies and the judiciary-in connection with the cases they conduct;

3) other persons who submit in writing the consent of the declarant.

2. [ 76] After the expiry of the time limits reserved for non-disclosure of the notification referred to in paragraph 1. 1, the Patent Office may at the request of the person who has the legal interest, make available to it the documents contained in the filing of the application, as well as the documents attached to those files during the registration procedure.

2 ¹ . [ 77] The Patent Office may refuse to release the documents in the mode referred to in paragraph. 2, where this could jeopardise the legitimate interests of the rightholders, in particular, to breach the secrecy of his undertaking.

(3) A notification shall be made in the notification file for classified information on the notification and on the release of the filing of the file.

4. The provisions of the paragraph. 1-3 do not apply to reports of secret inventions and secret utility models.

5. To the reports of the topography of the integrated circuits of the paragraph. 2 and 3 shall apply subject to the conditions referred to in Article 3. 207 para. 2 and 3.

Article 252. [ Application of provisions of the Code of Administrative Procedure] In cases not governed by the Act to proceedings before the Patent Office shall apply, subject to art. 253, the provisions of the Code of Administrative Procedure accordingly.

Article 253. [ Exclusion of provisions of the Code of Administrative Procedure] 1. The provisions of the Code of Administrative Conduct on the dates of dealing with the case shall not apply to the processing of declarations made in order to obtain a patent, supplementary protection law, protective law or the right of registration.

2. The provisions of the Code of Conduct for the reopening of proceedings and the annulment of a decision shall not apply if the circumstances justifying the resumption of proceedings or the annulment of the decision may be raised in the dispute to invalidate the patent granted, the supplementary protection law, the protection law or the right of registration.

Article 253 ¹ . [ Proof of expert opinion] [ 78] In assessing the fulfilment of the conditions required to obtain a patent, protective law, additional protective law and registration rights, no evidence shall be provided from the expert's opinion unless the Patent Office considers such evidence to be necessary.

Article 254. [ Complaint for final judgment, terminating the proceedings in the case] On the final judgment of the Patent Office, terminating the proceedings in the case, and grossly violating the law, the President of the Patent Office, the Prosecutor General of the Republic of Poland and the Ombudsman may bring a complaint to the court administrative within 6 months from the date of service of the decision.

Title VII

Dispute

Article 255. [ Proceedings before the Patent Office] 1. The Patent Office shall, in the course of the proceedings in dispute, settle cases at:

1) the cancellation of the patent, the supplementary protection law, the protection law or the right of registration;

1 ¹ ) the annulment of the European patent granted in accordance with the procedure laid down in the Convention on the European Patent;

1 ² ) cancellation of recognition within the territory of the Republic of Poland protection of the international trademark;

2) revocation of the patent for the invention of the biological material or its use, in the case referred to in art. 90 par. 1 point 4;

2 ¹ ) the revocation of the expiry of the supplementary protection law, in the cases referred to in Article 75 ⁶ paragraph 3;

3) revocation of the expiry of the protection law for the trade mark, in the cases referred to in art. 169;

3 ¹ ) a statement of expiry on the territory of the Republic of Poland protection of the international trademark in the cases specified in Art. 169;

3 ² ) [ 79] cancellation of recognition within the territory of the Republic of Poland protection of an international industrial design;

4) a statement of expiry of the right of registration of the geographical indication, in the case referred to in art. 192 (1) 1;

5) revocation of the expiry of the law on the registration of topography, in the cases specified in Art. 221 (1) 2;

6) the grant of a compulsory licence for the use of the invention, utility model, industrial design or topography;

6 ¹ ) the grant of a compulsory licence for the use of an invention for which a patent is granted in accordance with the procedure laid down in the Convention on the European Patent;

7) amend the decision to grant a compulsory licence;

(8) a statement of unjustified changes in the conditions for the use of the geographical indication, in the case referred to in Article 4 ( 188 par. 3;

(9) the cancellation of a patent, a protective right or a right of registration as a result of a complex opposition recognised by the rightholder who is entitled to be unfounded.

2. Cases referred to in paragraph 1 1, they shall consider a collegiate hearing on the issue of the dispute.

3. The provisions of the Code of Administrative Procedure with time limits for dealing with cases before the Patent Office shall not apply in the course of proceedings. The Patent Office shall endeavour to settle the case within 6 months from the date of submission of the application.

4. The Patent Office resolves the cases in the procedure of contentious proceedings within the limits of the application and is bound by the legal basis indicated by the applicant.

Article 255 ¹ . [ Application for the initiation of a proceeding] 1. The dispute proceedings in the cases referred to in art. 255 (1) 1 points 1 to 8, shall be initiated at the written request.

2. A fee should be paid from the request for the opening of proceedings.

3. The application shall contain:

1) the designation of the parties and their addresses;

2. concise presentation of the case;

3) a clearly defined request;

4) an indication of the legal basis;

(5) an indication of the means of proof;

6. the applicant's signature and the date.

4. The application shall be accompanied by:

1) a power of attorney, if the application is submitted by the proxy;

2) copies of the application in the number corresponding to the number of parties to the contentious proceedings

3) proof of payment of the fee referred to in paragraph. 2.

5. The Patent Office shall examine whether the request for the initiation of the contested proceedings meets the formal requirements referred to in paragraph. 3 and 4.

6. If the application does not meet the formal requirements, the Patent Office shall invite the applicant to remove the defects or deficiencies within 30 days under the rigorous remission of the proceedings.

Article 255 ² . [ Serving the application's write-off] 1. The Patent Office shall serve the parties to the proceedings of the contentious copy of the application, while setting a time limit for the written reply to the request.

2. The party requested to reply to the request shall attach to the reply a copy of the number corresponding to the number of parties to the contentious proceedings.

3. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to other pleadings submitted by the parties to the contentious proceedings.

Article 255 ³ . [ Term of the hearing] 1. After the expiry of the time limit of the designated party to respond to the request, the Patent Office shall set a time limit for the hearing, as notified to the parties or their representatives, serving them at the same time a copy of the response to the request, if it is granted.

2. In the cases referred to in art. 255 ¹ paragraph 6, in art. 255 ⁴ , in art. 255 ⁵ paragraph 2, in art. 255 ⁶ paragraph 3, and also in the event of the restoration of the term specified in Article. 255 ¹ paragraph 6, the Patent Office may adjudicate at the meetings of classified meetings.

3. In the notice of trial shall specify the term, place and subject of the hearing.

4. The notification of the hearing should be served to the parties not later than 7 days before the due date.

5. In the case of excessive conduct of proceedings by the parties, the Patent Office may appoint the parties to the proceedings in the course of the proceedings, also at the secret meeting, the deadline for the application of all the claims and the additional evidence for them support, under a rigorous loss of the right to appoint them in the course of the proceedings, unless the party demonstrates that their appointment within the prescribed period was not possible or that the need for appointment resulted in a later date.

Article 255 ⁴ . [ Closure of proceedings] 1. If the Patent Office finds that it is not competent to consider an application in the course of a contentious procedure, it shall issue an order in that case.

2. If the applicant withdrew the application before the hearing, the Patent Office shall issue a decision to discontinue the proceedings.

Article 255 ⁵ . [ Avarity of the hearing] 1. The settlement shall be overt, unless the proceedings in dispute involve the invention of the secret or utility model of the secret.

2. If the consideration of a case requires the appointment of the parties to the information legally protected on the basis of separate provisions, the disclosure of the hearing may be excluded-by means of the order-in whole or in part. The exemption shall not cover the presence of the parties at the hearing.

Article 255 ⁶ . [ Protocol] 1. A protocol shall be drawn up from the course of the hearing, which shall be signed by the chairman of the adjudicating bench and the protokolant.

2. The protocol shall contain:

1) the designation of the adjudicatory body, the place and date of the meeting, the names of the members of the adjudicatory compositions, the protocol, the parties, their representatives and the statutory representatives, and the designation of the case and the mention of the secrets of the hearing;

2) the course of the hearing, in particular the conclusions and claims of the parties, the course of the proceedings of evidence, the deregification of the orders and provisions issued at the hearing with the mention of their announcement; instead of giving the submissions and claims of the parties can be found in the protocol Refer to the preparatory letters;

3) actions of the parties, in particular the settlement, recognition of the request, withdrawal, change, extension or limitation of the application.

3. The parties may request to rectify or supplement the protocol, but not later than at the next meeting, and after the decision is issued-within 30 days of its issuance.

Article 255 ⁷ . [ Decision issued at the end of the procedure] 1. After the proceedings of the disputed proceedings, the Patent Office shall issue a decision.

2. The decision shall be taken by a simple majority of the votes.

3. A member of the adjudicatory bench who disagrees with the settlement of the case may file a separate sentence together with the written justification.

4. The declaration of a separate sentence shall be marked with the signature of the decision by the insertion of the relevant mention.

5. A separate sentence shall not be published.

Article 255 ⁸ . [ Decision Contents] 1. The decision shall include:

1) the designation of the adjudicating authority;

2) the date of the decision;

3) the names of the members of the formation of the adjudicator and the protokolant;

4) the designation of the parties;

5) marking the subject matter of the case and its settlement;

6. establishment of the legal basis for the settlement;

7) settlement of the costs of the proceedings;

8) factual and legal justification;

(9) instruction on the mode of appeal;

10) signatures of the members of the adjudicatory compositional.

2. The written reasons for the decision shall be drawn up from the office within 30 days from the day of its announcement. The statement of reasons shall be signed by the chairman of the formation of the formation and the member of the formation of the adjudicating bench, who A copy of the decision and the reasons for it shall be served on the parties.

Article 255 ⁹ . [ Announcement of the decision] 1. Decisions of the Patent Office shall be subject to notice, subject to art. 255 ¹⁰ paragraph 1.

2. The decision shall be published immediately after the hearing.

3. The announcement of the decision may be postponed for up to 2 weeks, of which the chairman of the formation of the adjudicatory shall announce, giving the term and place of the announcement of the decision.

Article 255 ¹⁰ . [ Decisions not subject to notice] 1. The provisions and decisions issued in an implicit meeting shall not be subject to an announcement.

2. To the provisions and decisions referred to in paragraph. 1, rule of art. 255 ⁸ paragraph 2 shall apply mutatis mutandis.

Article 255 ¹¹ . [ Application of provisions of the Act] The provisions of the Rules of Procedure of the Patent Office shall apply mutatis mutandis to proceedings before the Patent Office. 242 and 243.

Article 255 ¹² . [ Proceedings on the invalidity of a patent] The provisions of Article 4 255 ¹ -255 ¹¹ shall apply mutatis mutandis to the cases referred to in Article. 255 (1) 1 point 9, except for the provisions relating to the application for the initiation of a contentious procedure.

Article 256. [ Application of the Administrative Procedure Code] 1. The provisions of the Code of Administrative Procedure shall apply mutatis mutandis to the proceedings before the Patent Office in cases not governed by the Act.

2. In the matter of the costs of the proceedings, the provisions in force in civil proceedings shall be applied accordingly.

3. The provisions of the Code of Administrative Procedure of reconsideration, at the request of the party, of the cases dealt with by the decision, from which the appeal is not served, do not apply to the decision concluding the case as to its essence and issued after the hearing.

3 ¹ . In the cases referred to in art. 255 ³ paragraph 2, there shall be a request for reconsideration of the case. The time limit for its submission in the case of a decision shall be 2 months, and in the case of the order-1 month from the date of service of the decision or the order.

4. (repealed).

Article 257. [ The complaint to the administrative court] For the decisions and provisions of the Patent Office in the cases referred to in art. 255, the parties have a complaint to the administrative court.

Article 258. [ Relevant application of the provisions] To the final decisions of the Patent Office in the cases referred to in art. 255, rule of art. 254 shall apply mutatis mutandis.

Title VIII

PATENT OFFICE

SECTION I

Tasks and organization of the Patent Office

Article 259. [ Patent Office] The central authority of the government administration in matters of industrial property is the Patent Office of the Republic of Poland.

Article 260. [ Permission of the President of the Council of Ministers] 1. The Patent Office shall be subject to the Council of Ministers. Supervision of the activity of the Patent Office is exercised by the Minister of Ministers responsible for economic affairs on behalf of the Council of Ministers

2. The President of the Council of Ministers shall, by regulation, give the Statute to the Patent Office, in which, in particular, it shall determine the organisation, structure and rules for the management of the Office and the allocation of powers, taking into account the status of experts, officials of the service civilian and other personnel.

Article 261. [ Competence of the Patent Office] 1. The Patent Office performs tasks in industrial property matters, resulting from the Act, from separate provisions and from international agreements.

2. The tasks of the Patent Office shall in particular:

1) the adoption and examination of notifications concerning inventions, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits, made to obtain protection;

2) adjudication in the cases of granting patents and additional protective rights for inventions, protective rights on utility models and trademarks, as well as the rights of registration of industrial designs, geographical indications and topographies of integrated circuits;

3) settlement of cases in contentious proceedings in the scope of a specific act;

4. keeping the registers referred to in art. 228;

5) issuing an official body under the name "News of the Patent Office";

5 ¹ ) issuing the 'Patent Office Bulletin';

6) participation in the work of international bodies on the title of international agreements concluded by the Republic of Poland on industrial property matters, in particular the Paris Convention on the Protection of Industrial Property;

7) conducting a central collection of Polish and foreign patent descriptions.

3. In the performance of tasks, in particular in matters concerning international cooperation and in the development of draft legislative provisions concerning industrial property, the Patent Office shall act in agreement and in cooperation with the interested parties the authorities of the government and local government.

Article 262. [ Delegation] The Council of Ministers will determine, by way of regulation, the detailed scope of the Patent Office, taking into account, in particular, its tasks and competences, as well as the principles and forms of interaction of the Office with other governmental administration bodies and the units of local government, social organisations and trade unions in matters falling within its scope of action.

Article 263. [ President Of The Patent Office] 1. At the head of the Patent Office stands the President of the Patent Office, who heads the Office and, subject to Art. 264 ust. 2, it represents it externally and establishes a detailed internal organisation and detailed scope of the tasks of the organizational cells.

2. The President of the Patent Office shall be appointed by the President of the Council of Ministers, from among persons selected on the way of an open and competitive recruitment, at the request of the Minister responsible for the economic affairs. The President of the Council of Ministers refers to the President of the Patent Office.

3. Deputies of the President of the Patent Office shall be appointed by the President of the Council of Ministers, from among persons selected on the basis of an open and competitive recruitment, at the request of the President of the Patent Office. The President of the Council of Ministers, at the request of the President of the Patent Office, appeals to his deputies.

4. The position of the President of the Patent Office may occupy a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge in the scope of matters belonging to the properties of the Patent Office.

5. Information on the position of the President of the Patent Office shall be announced by placing the notice in a place which is widely available at the seat of the office and in the Public Information Bulletin and the Public Information Bulletin of the Chancellery President of the Council of Ministers The notice shall include:

1. the name and address of the office;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

6. The term referred to in paragraph 5 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.

7. The recruitment for the position of the President of the Patent Office shall be carried out by a team appointed by the Minister responsible for economic affairs, numbering at least 3 persons, whose knowledge and experience offer a guarantee of the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

8. Evaluation of the knowledge and managerial competence referred to in paragraph. 7, may be made at the request of the team by a non-member of the team who has the appropriate qualifications to make this assessment.

9. Member of the team and the person referred to in paragraph. 8, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.

10. In the course of the selection, the panel will emerges no more than 3 candidates, which are presented by the Minister for Economic Affairs.

11. The team shall draw up a protocol of the following:

1. the name and address of the office;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

12. The result of the recruitment shall be announced immediately by the inclusion of the information in the Public Information Bulletin of the Office and the Public Information Bulletin of the Chancellery of the Prime Minister. Information on the outcome of the recruitment shall include:

1. the name and address of the office;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

13. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of recruitment and of the result of this recruitment is free of charge.

14. The team carrying out the recruitment of the posts referred to in paragraph. 3, appoints the President of the Patent Office.

15. To conduct recruitment for the posts referred to in paragraph 1. 3, the paragraph shall apply mutatis mutandis. 4-13.

Article 264. [ Experts] 1. The experts appointed by the President of the Patent Office shall be held in the cases referred to in art. 261 par. Article 2 (2) and (3), as well as on the matters of entering into registers.

1 ¹ . [ 80] In the cases referred to in Article 261 par. 2 point 2, the experts may also rule in the adjudicatory teams.

2. The expert represents the Patent Office in the proceedings before the administrative court in the cases referred to in art. 248 and 257.

3. [ 81] The expert referred to in paragraph 1. 1, may be entrusted with additional functions, in particular managerial, coordination or control, or additional tasks related to conducting educational activities in the field of industrial property protection.

4. The extension of the additional function referred to in paragraph. 3, may occur for an indefinite period of time or for the duration of a particular work.

5. [ 82] Composition of the adjudicatory panel referred to in paragraph 1. 1 ¹ , shall determine:

1) the President of the Patent Office, or

2) authorized by the President of the Patent Office of an expert exercising the managerial or control function

-with a view to ensuring the speed and correctness of the handling of cases.

Article 265. [ Expert College] 1. Experts of participation in management activities in the Patent Office through the College of Experts, constituting the universal assembly of their assembly.

2. The College of Experts shall elect a European Ombudsman, who shall represent the experts of the authorities and the administration in all matters relating to the work of the College of Experts.

3. The tasks of the College shall be:

1. to submit applications and to express an opinion on the tasks of the handling of notifications and on the resources needed for their implementation;

2) setting out the rules for the distribution of funds of the prize fund, created on the basis of the article. 271 ust. 3;

3. express an opinion as to the problems of the adjudication, in particular as regards cases of non-uniformity of the case-law, and the presentation of the relevant proposals in this regard;

4) express an opinion in other matters, submitted by the President of the Patent Office or by the Ombudsman of the Professional Interest.

4. The College of Experts shall convene at least once a year, subject to the paragraph. 5, the President of the Patent Office, who is chaired by him. The College of Experes may also convene, at any time, a spokesperson for the Professional Interest, to submit a case requiring an opinion from the College.

5. The College of Experts may also sit in sections to which experts shall be divided according to the criteria of the issue, according to the tasks performed. The Section may be chaired by the President of the Patent Office, the Deputy President or an expert entrusted with the managerial function on the basis of art. 264 ust. 3.

6. The division into sections and the designation of the chairpersons of the section shall be the President of the Patent Office.

Article 265 ¹ . [ Members of the civil service corps] The employees of the Patent Office at the post office, with the exception of experts, asesors and expert apprents, are members of the civil service corps.

SECTION II

Experts, asesas and expert apprators

Article 266. [ Expert Qualification] 1. Obtaining the privileges of an expert shall require, subject to the paragraph. 2, to have a higher education corresponding to the tasks of an expert, to have an expert application, hereinafter referred to as "the application", and asesury.

2. An expert may be a person who:

1) is a Polish citizen and enjoys full public rights;

2) she was not punished for the intentional crime;

3) have a knowledge of foreign languages to the extent and degree specified by the need to meet the conditions necessary for carrying out the tasks of an expert, taking into account international agreements, but not less than one foreign language;

4) is an immaculate character;

5) has the state of health and the predispositions allowing for the entrustement of its expert tasks;

6) [ 83] (repealed).

3. From an expert application, who should have knowledge of more than one foreign language, you may not need to know one of the languages you need if you do not complete it in the time you are working on the application.

Article 267. [ Application] 1. The President of the Patent Office organizes the recruitment into the application by placing the advertisement in a place widely available at the premises of the Patent Office, and by publishing it in the "Patent Office Messages".

2. The President of the Patent Office shall carry out the qualification proceedings. Candidates should have a higher education and meet the requirements referred to in Article 4. 266 (1) 2 and 3.

3. The application lasts 3 years, with the fact that in justified cases, upon application of an expert application, it can be shortened to 1 year and 6 months.

4. [ 84] The employment relationship with the expert application is established by the President of the Patent Office on the basis of the contract of fixation for fixation.

5. An expert application may be entrusted with the execution of specific activities relating to the adjudication, without the right of decision making.

6. The application ends with an exam. A second exam can be submitted only once, not earlier than after 6 months and not later than one year after the date of the first exam.

7. Egzamin conducts an examination board appointed by the President of the Patent Office. Remuneration shall be open for participation in the committee.

8. [ 85] The President of the Patent Office solves the contract of employment with the expert application in the event of two non-accession by him without justification for the examination or in the case of the failure of him to re-examine the examination.

9. The expert shall be liable to disciplinary action for the breach of the duties of the service. The provisions of Chapter III shall apply mutatis mutandis to disciplinary responsibility.

Article 268. [ Asesors] 1. [ 86] After taking the exam, the employment relationship with the asessor refers to the President of the Patent Office on the basis of an employment contract for an indefinite period.

2. The Asesor shall be entrusted with the execution of an expert's task, which shall be assessed in accordance with the rules laid down in the Regulation referred to in paragraph 1. 8.

3. In case of a positive assessment of the asesura course, asesor obtains the privileges of the expert.

3 ¹ . [ 87] The President of the Patent Office shall appoint an expert to the expert position for a fixed or indefinite period.

4. At the appointment of the expert, he vows to the President of the Patent Office according to the following rota: " I am solemnly solemnly on the position of the expert to carry out the tasks, to adjudicate impartially and in accordance with the provisions of the law, to reap the duties of the a legally protected secret, and in proceedings to address the principles of dignity and integrity. ".

5. An expert who goes to another expert position does not remake the oath.

6. The provisions of the Act concerning the experts shall apply mutatis mutandis, unless the Act provides otherwise, to asesors.

7. [ 88] In the event that after two years of asesura asesura fails to obtain a positive assessment of the course of the asesura, the President of the Patent Office may terminate the contract with him for the termination of the asesura.

8. The President of the Council of Ministers shall determine, by means of regulations, detailed rules, scope and mode of application and asess, as well as for the submission of exams, taking into account the remuneration for the persons conducting the exam.

Article 269. [ Independence of experts] 1. In the case of judgement, experts shall be subject only to the laws.

2. The experts shall not apply to the extent referred to in paragraph. 1, as provided for in the separate provisions of the provisions on the obligation to carry out official orders of the superiors, as well as provisions providing for periodic or ad hoc assessments of the staff member relating to the performance of his duties.

3. Awaiting the case, the expert shall be obliged to take into account the interpretative directives laid down in the general guidelines of the President of the Patent Office, issued in accordance with the procedure laid down in the paragraph. 4 and 5.

4. The general guidelines referred to in paragraph 1. 3, the President of the Patent Office shall issue after consulting an opinion or at the request of the College of Experts.

5. General guidelines of the President referred to in paragraph. 3, shall be made public.

6. General guidelines of the President, referred to in paragraph. 3, bind only experts in the handling of the case and may not be referred to as the legal basis of the decision or the order.

7. In accordance with the rules laid down in the separate provisions, the experts shall enjoy the protection provided for public officers.

8. The direct supervision of the activity of organizational cells in which the experts are adjudicated, shall be exercised by the President of the Patent Office or with his authorization by the Deputy President. This surveillance must not be in the scope of the judgment.

Article 270. [ Obligations of the expert] 1. An expert is required to follow a complex vow, and in particular:

1) comply with the Constitution of the Republic of Poland and other provisions of law;

2) comply with the rulings of the General Guidelines of the President of the Patent Office referred to in art. 269 (1) 3;

3. reliably, impartially, efficiently and timely carry out the tasks entrusted to it;

4) keep the secret of legally protected;

5) to be able to behave in and out of work.

2. The expert shall not create or be a member of trade unions or political parties. On the day of appointment of an expert on the position of his membership in the trade unions and political parties he ceems from the power of law.

3. The expert shall not take additional employment without the consent of the President of the Patent Office or perform activities or classes contrary to the duties of an expert or undermining trust in him.

4. An expert shall not perform in the role of an expert judicial to the extent in which the adjudication.

5. The experts shall apply the provisions on the restriction of business activities by persons performing public functions relating to members of the civil service bodies occupying managerial positions.

6. The expert is required, on the legitimate need of a written request of the President of the Patent Office, to submit within a month the judgment of the authorized physician, confirming the conduct by an expert of physical and mental fitness to work on the occupied positions.

7. The expert can be, according to the needs, employed in part-time work.

8. (repealed).

Article 271. [ Remuneration of the expert] 1. The remuneration of an expert shall consist of the basic salary provided for the position of the expert, and of the appendix on the long-term work in that post, and, in the case of the assignment of an additional function, from the function supplement. The amount of such remuneration and allowances shall be determined by applying a multiplication of the basic amount, the amount of which is determined by the separate rules laid down by the budget law.

2. The expert shall be entitled to an additional annual salary for employees of the units of the budget sphere, in the amount and under the rules laid down in the separate provisions.

3. Creates a prize fund for the specific achievements in the work of experts, asesors and expert applicants in the amount of 3% of the planned measures on their personal salaries. The size of the write-off for the prize fund may be increased by the President of the Patent Office in the amount of the funds held for these salaries.

4. The experts shall have the appropriate application of the provisions of the Civil Service Act on the award of the jubilee awards and one-time briefcases in connection with the transition to the disability pension or pension.

5. The President of the Council of Ministers shall determine, by means of the regulation, the multipliers of the basic amount referred to in the paragraph. 1, as a basis for determining the basic salary in the positions of experts, assessors and expert applicants and the rates of the allowance for the multiannual work and the functional allowance, taking into account the scope of the powers and the position conferred on them.

Article 272. [ Working Time] 1. The working time of experts shall not exceed 8 hours a day and an average of 40 hours per week.

2. The distribution of working time in a week and its dimension in the individual days of the week shall be determined accordingly to the working conditions provided for the general staff of the Patent Office. Days of the week not days of work in the Office shall not be included in the holiday leave.

3. An expert who takes the position of an expert at least 10 years of age is entitled to a supplementary holiday of 6 working days, and after 20 years of judgement in that position, 12 working days.

4. [ 89] (repealed).

(5) For the duration of incapacity to work as a result of an illness, an expert shall be entitled, during the period of one year, to remuneration and sickness benefit in the amount and on the basis of the separate provisions.

6. The provisions of the paragraph. 3-5 do not apply to asesors.

Article 272 ¹ . [ Application of provisions] 1. The experts and expert applicants shall have the appropriate application of the provisions of the art. 72 and art. 78 par. 3, and to the expert applicators also the provisions of art. 91, art. 92 and Art. 94 of the Act of 21 November 2008. o Civil service (Dz. U. Nr. 227, pos. 1505, of late. zm.).

2. In matters arising from the employment relationship of experts and expert applicants not regulated in the Act and the provisions indicated in the paragraph. 1 shall apply the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. zm.).

SECTION III

Disciplinary responsibility.

Suspension and termination of the working relationship with an expert

Article 273. [ Disciplinary responsibility] 1. For a breach of duty, the expert shall be liable to disciplinary action.

2. To conduct proceedings and to adjudicate on the matters referred to in paragraph. 1, the President of the Patent Office shall appoint, among experts, a disciplinary spokesman and members of the Disciplinary Board of Experts and the Higher Disciplinary Board of Experts, in a number enabling the formation of the adjudicatory depots.

3. In cases justified by the need, where the disciplinary officer referred to in paragraph 1 is referred to in paragraph 1. 2, may not act in the case, the President of the Patent Office may appoint an ad hoc deputy to the disciplinary ombudsman.

4. The disciplinary caries shall be:

1. reminder;

2. reprimand;

3) a ban on the occupancy of managerial positions in the Patent Office;

4) [ 90] prohibition of occupations of expert position.

5. The disciplinary responsibility of civil servants shall apply mutatis mutandis to disciplinary responsibility of experts in this Act.

Article 274. [ Reference of the expert from the post] 1. The President of the Patent Office cancels the expert from the position in the event of loss by an expert of physical or mental fitness to work, confirmed by a medical certificate issued for pension purposes or a decision on the loss of ability to working on a position, issued by a doctor authorized to conduct medical examinations of the employees of the Patent Office.

2. The President of the Patent Office may revoke the expert from the post in the event of:

1) the submission by the expert of the statement of resignation;

2) the need to reduce the state of employment of experts as a result of changing the scope of the tasks of the Patent Office or the permanent reduction of the number of cases

3) not to submit by the expert within the period of the judgment of the authorized doctor of the conduct by him of the physical and mental fitness to work, in the situation referred to in art. 270 ust. 6;

4) (repealed);

5) the absence of an expert at work due to illness or solitary confinement due to an infectious disease lasting longer than the period of collection of the allowance, and also in the case of justified absence at work for other reasons, after the expiry of periods provided for in art. 53 of the Labour Code;

6) [ 91] (repealed).

3. The application of the work of an expert temporarily arrested shall be suspended from the power of suspension.

4. The President of the Patent Office may suspend the expert in the performance of duties, if disciplinary or criminal proceedings have been brought against him.

5. In the case of the suspension referred to in paragraph. 3 and 4, the expert shall be entitled to remuneration and other entitlements and benefits under the rules laid down in the Civil Service Act respectively.

6. The application of the expert's work shall expire in the cases specified in the Code of Work and the specific provisions, and also in the case of:

1) loss of Polish citizenship;

2) [ 92] the final decision of the disciplinary penalty prohibiting the position of the expert;

3) a final judgment by a court of deprivation of an expert of public rights or a ban on the position of the expert's position by him;

4) refusal to make a vow;

5) the final conviction for a crime committed intentionally.

7. If the appeal does not specify otherwise, the appeal of the expert from the post shall take place upon the service of the notice of appeal; the person cancelled from the post may be appointed for the duration of the employment relationship other tasks to be carried out, corresponding to its qualifications.

8. The extinguishing of the employment relationship with an expert shall be tantamount to cancelling it from the position of the expert upon termination of the employment relationship.

9. Appeal of the expert from the position in the cases referred to in the paragraph. 1 and paragraph. 2 paragraphs 2 and 3, and in the event of an expert's submission of a statement of resignation, shall be equivalent, subject to paragraph 1. 11, with the termination of a contract of employment or its solution by agreement of the parties.

10. Appeal of the expert from the position in the cases referred to in the paragraph. Article 2 (5), shall be equivalent, subject to paragraph 1. 11, with termination of the contract of employment without notice.

(11) The appeal of the expert from the position shall be without prejudice to the provisions relating to the special protection of workers in respect of termination and termination of employment.

12. [ 93] The limitation on the termination of the employment relationship with the expert shall not apply to the cancellation of the additional function referred to in art. 264 ust. 3.

Chapter 4

(repealed)

Article 275. (repealed).

Article 276. (repealed).

Article 277. (repealed).

Article 278. (repealed).

SECTION IV

Colleges on contentious matters

Article 279. [ Colleges] 1. The colegia of the adjudicatory proceedings, hereinafter referred to as "colleges", shall act in the Patent Office.

2. The College shall consider the matters belonging to their properties in the composition: the chairman of the college and the two members of the college. In cases of intricate cases, a five-person composition may be designated.

Article 280. [ Chairman] 1. The Chairperson of the College may be an employee of the Patent Office, who:

1) has Polish citizenship and enjoys full public rights;

2) is an immaculate character;

3) he was not punished for the intentional crime;

4) he graduated from higher law studies in the Republic of Poland and obtained a master's degree or foreign law studies recognized in the Republic of Poland;

5) has served as a judge, counsel, advocate, procurator, or a professor or doctor of legal science, or for ten years he has remained in public institutions in the positions of application or creation. administrative law.

2. [ 94] The experts ' provisions on experts shall apply mutatis mutandis where they have obtained prior rights of experts or of asesors, except that in that case the chairmen of colleges shall be exempt from the application and the examination referred to in Article. 266 (1) 1 and in Art. 267 (1) 6.

3. The composition of the college, in addition to the chairman of the college, shall enter as its members the experts authorized to adjudicate in the cases of contentious matters by the President of the Patent Office.

4. (repealed).

5. (repealed).

Article 281. [ Colleges support] 1. The support of colleges shall be carried out by the isolated organizational cell of the Patent Office.

2. The head of the organizational unit referred to in the mouth. 1, appointed by the President of the Patent Office:

1) manage the completion of the files necessary for the appointment of an implicit meeting or a hearing and, if necessary, other evidence;

2) designate the composition of the adjudicatory in the case;

3) manages the service of the opposing party's request with the annexes in order to present the response to the request;

4) designate the term of the classified meeting or the hearing in which the matter is to be dealt with;

5) manage the notice of the hearing of the parties and other persons whose participation in the hearing is necessary.

Article 282. (repealed).

Title IX

Investigation of claims in civil proceedings

SECTION I

Common provisions

Article 283. [ Civil Procedure Mode] Cases relating to civil-law claims falling within the scope of industrial property protection which do not fall within the competence of other bodies shall be settled, subject to the provisions of Article 4 (1) of the EC Regulation. 257, in civil procedure mode on a general basis.

Article 284. [ Application of the provisions of civil procedure] In the course of civil proceedings, in general terms, the following shall be considered in particular:

1) establishment by the inventive project;

2) the establishment of the right to a patent, a protective right or the right of registration;

3) remuneration for the use of the inventive project;

4) remuneration for the use of the invention, utility model or topography for state purposes;

5) compensation for the transfer to the Treasury of the right to a patent or protective law, respectively, for the invention of the secret or on the model nugget secret;

6) violation of patent, supplementary protection law, protective law or the right of registration;

7) a statement of the right of use of the invention, utility model or industrial design in the cases specified in art. 71 and 75;

8) a statement of the right of use within the local activity of the designation registered as a trademark for the benefit of another person;

9. to establish the right to use the geographical indication;

10) statement of loss of the right to use the geographical indication;

11) the transfer of a patent, a protective right on a utility model or the right of registration of an industrial design or topography obtained by an unauthorised person;

12) transfer of the protection law to the trade mark in the case referred to in art. 161.

Article 285. [ Request for cessation of activities] The right of patent, supplementary protection law, protection law or registration rights, or the person to whom the law permits it, may request the cessation of any action threatening to violate the law.

Article 286. [ Ruling on the further disposition of unlawfully produced objects] The General Court may decide, on an application by the rightholder, to decide on a breach of the law of a property which is owned by the infringer, of unlawfully produced or marked creations, and of the means and materials which have been used for the manufacture or marking of such products. In particular, the court may decide to withdraw from the market, either to grant an entitlement to the sum of money or to destroy it entitled to a sum of money for its benefit. The court shall take account of the gravity of the infringement and the interests of third parties.

Article 286 ¹ . [ Court of First Instance for the examination of the application] 1. The court competent to identify cases of infringement of industrial property rights of the place where the perpetrator carries out the activity or in which his property is located, also before the application of the action, shall recognize, no later than within 3 days of the day the submission in court or 7 days in the case of a particularly complex case, a request from a patent, supplementary protection law, a protective right or a right of registration or a person to whom the Act permits:

1. to secure evidence;

2) for the protection of claims by the obligation of the infringing patent, the supplementary protection law, the protection law or the right of registration to provide information which is necessary for the investigation of the claims referred to in art. 287 (1) 1 and Art. 296 (1) 1, of the origin and distribution networks of goods or services infringing the patent, additional protective law, protective law or the right of registration, if the violation of these rights is highly probable;

3) to secure claims by a liability other than the infringing persons to provide information which is necessary for the investigation of claims, specified in art. 287 (1) 1 and in Art. 296 (1) 1, of the origin and distribution networks of goods or services infringing a patent, an additional protection law, a protective right or the right of registration, if the violation of these rights is highly probable and:

(a) it has been found to have goods infringing the patent, an additional safeguard right, a safeguard right or the right of registration, or

(b) it has been found to use the services infringing the patent, the supplementary protection law, the protection law or the right of registration, or

(c) it has been established that it provides services used in patent infringement activities, supplementary protection law, protection law or the right of registration, or

(d) has been designated by the person referred to in (a), (b) or (c) as a participant in the production, manufacture or distribution of goods or services infringing a patent, an additional protective law, a safeguard right or the right of registration,

and the above measures are intended to obtain directly or indirectly a profit or other economic advantage, without any such action being taken by consumers who are in good faith.

2. The information referred to in paragraph. Points 2 and 3 of the first subparagraph, may concern only:

1) companies (names) and addresses of manufacturers, manufacturers, distributors, suppliers and other previous holders of goods or providing services which infringe the patent, additional protective law, protective law or the right of registration as well as intended wholesale customers or retailers of those goods or services;

2) the quantities of manufactured, manufactured, disposed, received or ordered goods or services infringing the patent, an additional protection law, a safeguard right or the right of registration, and the prices paid for such goods or services.

3. The court, by allowing evidence or recognizing the conclusions referred to in the paragraph. 1, ensures the preservation of the mystery of the entrepreneur and other laws of law protected.

4. From the obligation referred to in paragraph. 1 points 2 and 3, it may be waived by those who, according to the provisions of the Code of Civil Procedure, could, as a witness, refuse to testify or answer the question posed to him.

5. On the documented request of the person referred to in the paragraph. In accordance with Article 1 (1) (3), the competent authority shall reimbursing the costs and expenses incurred in the provision of information.

6. In justified cases, the court may make the issue of the order to secure the evidence referred to in the paragraph. 1 point 1, from the lodging of the deposit.

7. The security features mentioned in the paragraph. 1 points 2 and 3 the court shall rule after the hearing.

8. The complaint to the court orders in the cases referred to in the paragraph. 1, the court shall recognize within 7 days.

(9) In the case of the security of evidence, the provisions of 733, art. 742 and art. 744-746 of the Code of Civil Procedure.

SECTION II

Claims concerning inventions, utility models, industrial designs and topographies of integrated circuits

Article 287. [ Patent privileges] 1. An authorized from a patent whose patent has been infringed, or the person to whom the law permits, may require the infringing patent for failure to infringe, issue unfounded benefits, and in the event of a fault of the infringement also restitution of the damage done:

(1) on a general basis, or

2) by payment of a sum of money in the amount of the corresponding license fee or any other appropriate remuneration, which at the time of their investigation would be due by the title of granting by the authorized consent to the use of the invention.

2. The Tribunal, deciding on the infringement of a patent, may rule, at the request of the rightholder, to make public part or all of the ruling or information on the ruling, in the manner and to the extent determined by the court.

3. The court may order the person who violated the patent, at its request, in the event that the infringement is unfolded, payment of the relevant sum of money to the rightholder, if the omission of the infringement or the judgment referred to in art. 286, would be for a person who is in breach of immeasuence, and the payment of the relevant amount of money shall take due account of the interests of the rightholder.

Article 288. [ Claim for Patent infringement] 1. Claims for patent infringement may be made after the patent is obtained.

2. Claims for violation of the patent, if the perpetrator acted in good faith, may be subsidised for the period starting after the date on which the Patent Office made the announcement of the application of the invention, and in the case of prior notification by an authorized person who infringes the right of the notification, from the date of that notification.

Article 289. [ Expiration] 1. The claims for violation of the patent shall be statute-barred with the expiry of 3 years. The limitation period shall run from the date on which he became aware of the breach of his or her right and of the person who violated the patent separately in respect of each infringement. However, in any event, the claim shall expire within five years from the date on which the patent was infringed.

2. The statute of limitations shall be suspended between the application of the invention to the Patent Office and the grant of the patent.

Article 290. [ Permission Range] The authorised referred to in Article 74, may require a person who, without being entitled to do so, has filed an invention or obtained a patent, releases obtained unfounded benefits and redress the damage on a general basis.

Article 291. [ Invalidation of the patent] Unless the parties have decided otherwise, in the event of cancellation of the buyer's patent, the licensee or any other person for whom the authorized person has made the repaid regulation may require the payment of the payment lodged and the damage to be recovered on a general basis. The vendor may, however, withhold the advantages which the purchaser has acquired through the use of the invention before the patent is cancelled; if these advantages are higher than the paid payment and the compensation received, the vendor shall not be liable.

Article 291 ¹ . [ Relevant application of the provisions] The provisions of Article 4 (1) of the Rules of 287-291 shall apply mutatis mutandis.

Article 292. [ Relevant application of the provisions for utility models] 1. In relation to utility models and, subject to paragraph. 2, for industrial designs the provisions of art. 287-291 shall apply mutatis mutandis.

2. Claims for infringement of the right of registration of the industrial design, if the perpetrator acted in good faith, may be subsidised for the period starting after the day of the filing of the notice in "News of the Patent Office" of the information about the award rights, and in the case of prior notification by an authorized person who violates the law on the filing, from the date of that notification.

Article 293. [ Suitable application of regulations for integrated circuits topographies] 1. With regard to the topographies of integrated circuits shall apply accordingly, subject to the paragraph. 2 and 3, the provisions of Article 1 287-291.

2. Claims for violation of the right of registration, if the perpetrator acted in good faith, may be received for the period starting after the day of the filing of the notice in the "Patent Office News" of the information on the right, and in the case of an earlier notification of a person who infringes the right of a notification, from the date of that notification.

3. Paragraph Recipe 2 shall apply mutatis mutandis if, within a period of 2 years from the first use of topography for commercial purposes entitled to obtain the right of registration for that topography, it notifies the person who used it without his/her consent, of the intention to notify this topography to the Patent Office.

Article 294. [ Proceedings before the district court] 1. The originator of the invention may claim compensation for the use of his invention before the district court.

2. In the proceedings referred to in paragraph. 1, the provisions of the Code of Civil Procedure shall apply, as appropriate, concerning the proceedings in matters concerning the claims of employees.

Article 295. [ Relevant application of the provisions] For salary for utility models, industrial designs and topographies of integrated circuits in the art regulations. 294 shall apply mutatis mutandis.

SECTION III

Claims on trademarks and geographical indications

Article 296. [ Violation of the protection law for the trademark] 1. A person whose protection law for a trade mark has been infringed, or the person to whom the law permits it, may require the person who violated this right, failure to violate, issue unfounded benefits, and in the event of a failed violation also compensation for damage caused:

(1) on a general basis, or

2) by payment of a sum of money equivalent to the corresponding license fee or other appropriate remuneration, which at the time of their investigation would be due by the title of the granting by the authorized use of the trademark.

1a. To the claims referred to in paragraph 1. 1, the provisions of Article 1 shall apply. 287 (1) 2 and 3.

2. Violation of the protective law on the trade mark consists in the unlawful use of the trade:

(1) a mark which is identical to the registered trade mark in respect of identical goods;

(2) a mark identical to, or similar to, a registered trade mark in respect of identical or similar goods, where there is a risk of confusion to the public, which includes, in particular, the risk of the combination of the sign with the mark registered goods;

(3) a mark which is identical or similar to a reputed mark, registered in respect of any goods, where such use is likely to confer an undue advantage or be detrimental to the distinctive character or the renown. the earlier mark.

3. Claims referred to in paragraph. 1, may also be applied against a person who only places on the market a mark already marked with the goods if they do not originate from the rightholder or the person who has been authorised to use the mark.

4. The licensor, citing the protection of the trademark, may claim the claims referred to in paragraph 4. 1, against the licensee, who violates the provisions of the license agreement relating to the period and land of its validity, the form of the mark which is the subject of the licence, and the indication of the goods for which the mark can be used, and their quality. The provision shall apply mutatis mutandis to sub-licences.

5. An eligible for a trademark of the trade mark may apply with the claims referred to in paragraph. 1, against the licensee or sublicensee in the event of violation of those provisions of the sub-license agreement referred to in paragraph. 4, as well as where that agreement has been concluded in breach of the provision of Article 4. 163 (1) 2.

Article 297. [ Removal of the mark from the goods] 1. In the case of the designation of goods by registered trade mark, the court adjudicates, in accordance with art. 286, with a further regulation of these goods, may only in exceptional cases consider sufficient to allow the goods to be marketed to remove the mark from the goods.

2. (repealed).

Article 298. [ Claims against the perpetrator in good faith] Claims for infringement of a protective right to a trademark, if the perpetrator acted in good faith, may be commuted for the period starting after the date on which the Patent Office disclosed publicly the notification in accordance with art. 143, and in the case of prior notification of the person who violates the law on the filing, from the date of notification. The provisions of Article 4 288 para. 1 and Art. 289 shall apply mutatis mutandis.

Article 299. (repealed).

Article 300. (repealed).

Article 301. [ Request to stop using the submitter character in error] Entitled to a trademark commonly known within the territory of the Republic of Poland may demand, subject to art. 165 par. Article 1 (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (2) (1) (2)

Article 302. [ Relevant application of the provisions] 1. The geographical indications shall apply mutatis mutandis, subject to Article 186, the provisions of art. 296-298.

2. Claims referred to in art. 296, may arise entitled under the right of registration of a geographical indication, as well as anyone who is disclosed in the register as entitled to its use.

Title X

Penal provisions

Article 303. [ Introduction to the project by project] 1. He who assigns himself the authorship or misses another person as to the authorship of the inventive project or otherwise violates the rights of the creator of the inventive project, is subject to a fine, punishments of restriction of liberty or imprisonment to year.

2. If the perpetrator is permitted to act as referred to in paragraph. 1 in order to achieve property or personal gain shall be subject to a fine, punishable by restriction of liberty or imprisonment by the age of 2.

Article 304. [ Unlawfully filing for patent] 1. Who, without being entitled to obtain a patent, protective law or the right of registration, reports the miracles of invention, utility model, industrial design or miracles topography of the chip in order to obtain a patent, protective law or the right of registration, subject to a fine, punishable by restriction of liberty or imprisonment up to 2 years.

2. The same penalty shall be subject to the person who shall disclose the information obtained on the invention, the utility model, the industrial design or the topography of the topography of the chip or otherwise prevent the obtaining of the patent, the protection law or the right of registration.

3. If the perpetrator of the act referred to in paragraph. 2 acts inadvertently, being obliged to preserve the secrecy of the information obtained, shall be subject to a fine.

Article 305. [ Placing on the market of goods with counterfeit trade mark] 1. Who, for the purpose of placing on the market, means goods counterfeited by a trade mark, registered trade mark of which he has no right to use or trade in goods marked with such marks shall be subject to a fine, the restriction of liberty shall be punished or deprivation of liberty for the years 2.

2. In the case of lesser weight, the perpetrator of the offence referred to in the paragraph. 1 shall be subject to a fine.

3. If the perpetrator has made himself of the commission of the offence referred to in the paragraph. 1 a fixed source of income, or a criminal offence in respect of goods of a significant value, shall be punishable by a custodial sentence of 6 months to 5 years.

Article 306. [ The forfeiture of goods originating from a crime] 1. In the event of a conviction for the offence referred to in art. 305 ust. 3 the court shall rule the forfeiture of the Treasury of materials and tools, as well as technical measures that have served or were intended to commit a crime; if such materials, tools or technical measures were not owned by the perpetrator, the court may rule their forfeiture in favour of the State Treasury.

2. In the event of a conviction for the offence referred to in art. 305 ust. 1 and 2, the court may order the forfeiture of the Treasury of materials and tools, as well as technical measures that have served or were intended to commit a crime, even though they were not owned by the perpetrator.

3. In the case of the decision of the forfeiture referred to in the paragraph. 1 or 2, art. 195 of the implementing penal code shall apply, mutatis mutandis, irrespective of the value of the goods forfeited by the decision.

Article 307. [ Introduction to the protection of the patent] 1. Who with a view to placing on the market means objects unprotected by a patent, additional protective law, protective law on utility model or the right of registration of industrial design, topographies of the chip or registration for the designation geographical, inscriptions or drawings with a mis-mute that such objects enjoy such protection shall be punishable by a fine or a detention order.

2. The same penalty shall be subject to the subjects mentioned in the paragraph. 1, knowing the misrepresentation, shall place it on the market either for the purpose of trading or for marketing, or shall indicate in notices, notices or otherwise messages intended to cause the use of legal protection to those objects.

Article 308. [ The placing on the market of goods marked with a mark with a distinguising mark] A person who places on the market goods marked with a trade mark with a distinguishing sign designed to mislead that such objects benefit from such protection shall be punished by the fine.

Article 309. [ Responsibility] In organizational units, the liability referred to in Article 303, art. 304, Art. 305, art. 307 and Art. 308 shall be borne by the person conducting or directing the entity, unless another person is responsible for the division of competences.

Article 310. [ Prosecution of crime perpetrators] 1. Striking the perpetrators of the offences referred to in art. 303, art. 304 and Art. 305 ust. 1 and 2 shall be made at the request of the victim.

2. Orzecking in cases of deeds referred to in art. 307 and Art. 308 is under the rules of procedure for proceedings in cases of misconduct.

Title XI

Amendments to the provisions in force.

Transitional and final provisions

SECTION I

Amendments to the provisions in force

Article 311. (bypassed).

Article 312. (bypassed).

Article 313. (bypassed).

Article 314. (bypassed).

SECTION II

Transitional and final provisions

Article 315. [ Intertemporal Regulations] 1. The rights in the field of inventions, utility models, ornamental designs, topographies of integrated circuits, trademarks, and rationalization projects, existing on the day of entry into force of the Act, remain in force. Such rights shall apply so far as the provisions of this chapter do not provide otherwise.

2. Legal relations arising before the date of entry into force of the Act shall apply the provisions of the existing one.

3. The statutory conditions required to obtain a patent, protective law or registration rights shall be assessed in accordance with the provisions in force on the date of application of the invention, utility model, trademark or topography of the circuits merged in the Patent Office. However, the provisions of Article shall apply to applications for inventions and utility models which are not recognised before the entry into force of the Act. 37 par. 2.

Article 316. [ Intertemporal rules] 1. The filing of the ornamental designs made before the entry into force of the Act and not patented until that time shall be considered to be the filing of industrial designs.

2. The application for the grant of a patent for an invention of secret or protective law on a utility model of secret, made before the date of entry into force of the Act and not patented until then, shall be considered to be declarations made in order to claim the priority.

3. The application for the granting of a protective right to the utility model, made before the entry into force of the Act and not patted by that time, shall be deemed to be the declarations made in order to obtain the protective law.

4. The proceedings related to the declaration of invention, utility model, industrial design, trademark and topography of integrated circuits in the Patent Office shall take place from the date of entry into force of the Act according to its regulations.

5. The existing register of common trade marks shall be considered to be a separate closed book of the trade mark register.

Article 317. [ Dispute proceedings not completed before the entry into force of the Act] The proceedings in dispute before the Patent Office and proceedings before the Board of Appeal at the Patent Office, initiated and not completed before the entry into force of the Act, shall take place from the date of entry into force of the Act according to its provisions, subject to art. 318 and 319.

Article 318. [ Transfer of cases to the Department of Sports Affairs] 1. Cases referred to in art. 255, dealt with in accordance with the current provisions of the Patent Office in the proceedings at issue, shall be referred to the Department of Sports Affairs.

2. Cases referred to in art. 255, which has been dealt with in accordance with the previous provisions of the Board of Appeal, shall be forwarded to the Supreme Administrative Court.

3. Cases, dealt with in accordance with the previous provisions of the Board of Appeal as a result of complaints and appeals in administrative proceedings, shall be transferred to the Patent Office for consideration in the Board of Appeal, in the provisions of the provisions on re- consideration of the case.

4. The proceedings in the cases before the Patent Office and the Board of Appeal in the proceedings at issue and not belonging to the Act of the Patent Office shall be subject to remission. Fees paid on applications for decisions and, in the case of a case under appeal in the Board of Appeal, also charges against appeals and complaints shall be repaid.

Article 319. [ Incomplete cases for the issuance of a decision on the expiry of the law] Initiated and not completed, until the date of entry into force of the Act, cases for the issue of a decision on the termination of the right of registration for a trademark on the grounds of non-use of the trade mark shall be transferred to the Department of Sports Affairs, and appeals against such decisions It shall be forwarded to the Supreme Administrative Court as a complaint to the decisions of the Patent Office.

Article 320. [ Relevant application of the provisions] For appeals and complaints to be forwarded to the Supreme Administrative Court, according to art. 318 (1) 2 and Art. 319, the provision of art shall apply mutatis mutandis. 318 (1) The second sentence of Article 4

Article 321. [ Supreme Court Rulings issued as a result of the review] The Supreme Court rulings issued as a result of an extraordinary review shall be submitted to the competent authorities according to the provisions of the Act.

Article 322. (bypassed).

Article 323. [ Power of authorisations] 1. The employees of the Patent Office, who on the day of the entry into force of the Act are authorized by the President of the Patent Office, on the basis of the existing provisions, to adjudicate on the cases referred to in art. 261 par. 2 points 2 and 3, and in matters of making entries to the registers, shall have the right to rule within the scope provided for by the Act for a period of three years from the date of entry into force of the Act. However, the President of the Patent Office may, depending on the need, change the scope of the authorisation granted.

2. The relation of the work of the employees referred to in paragraph. 1, established on the basis of the appointment, shall be transformed, on the date of entry into force of the Act, in the employment relationship on the basis of the contract of fixation for an indefinite period.

3. The condition shall be given to the worker referred to in paragraph 1. 1, the authorization to adjudicate after the expiration of three years from the date of entry into force of the Act shall be the submission of the examination. The provisions of Article 4 267 (1) 3 and 4 shall apply mutatis mutandis.

4. An employee who has submitted the exam required in accordance with the mouth. 3, may obtain the privileges of an expert without the asesury period.

Article 324. [ Remuneration rules] The provisions on the remuneration of remuneration in the State budget, relating to members, shall apply to the determination of the remuneration and the limits of employment of experts and asesors in the Patent Office, respectively, unless otherwise provided by the law. a civil service body.

Article 325. [ Special rules for the granting of patents, protective rights, enrollment rights] 1. In the case of organizational units having no legal personality, the patent, the protection law or the right of registration may be granted only to the legal person, which includes this entity, or to the benefit of a natural person, or persons The physical activity of the entity is self-employed.

2. The rights of the State Treasury shall perform on its behalf a governmental body or a state organizational unit, according to the property in the scope of the management of the State Treasury which is the subject of the law.

Article 326. [ Repealed provisions] They are hereby repealed:

1) the Act of 19 October 1972. about inventions (Dz. U. of 1993 Nr 26, pos. 117 and 1997 Nr. 88, pos. 554 i Nr 121, poz. 770);

2) the Act of 31 January 1985. by trade marks (Dz. U. Nr 5, pos. 17, of 1989. Nr 35, pos. 192, of 1993. Nr 10, pos. 46, of 1994 No. 74, item. 331 and of 1997. Nr. 88, pos. 554);

3) the Act of 30 October 1992. o protection of topographies of integrated circuits (Dz. U. No 100, pos. 498 and 1997. Nr. 88, pos. 554 i Nr 121, poz. 770);

4) the Act of 31 May 1962. o Patent Office of the Republic of Poland (Dz. U. of 1993 Nr 26, pos. 118);

5) the provisions of art. 5-7 of the Act of 30 October 1992. to amend the Act on Inventions and Act on the Patent Office of the Republic of Poland (Dz. U. of 1993 No 4, pos. 14).

Article 327. [ Entry into force] The Act shall enter into force after 3 months from the day of the announcement.

[ 1] Article 3 (1) 1 point 1 in the wording set by Article 1 1 point 1 lit. a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 2] Article 3 (1) 1 point 12 added by art. 1 point 1 lit. a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 3] Article 3 (1) 1 point 13 added by art. 1 point 1 lit. a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 4] Article 3 (1) 2 in the version set by the Article. 1 point 1 lit. b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 5] Article 22 (1) 3 in the version set by the Article. 1 point 2 (a) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 6] Article 22 (1) 4 added by art. 1 point 2 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 7] Article 25 (1) 4 in the version set by the Article. 1 point 3 (a) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 8] Article 25 (1) 5 added by art. 1 point 3 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 9] Article 28, point (4) ¹ added by art. 1 point 4 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 10] Article 33 (1) 3 in the version set by the Article. 1 point 5 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 11] Article 38 (1) 2 added by art. 1 point 6 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 12] Article 39 (1) 2 in the version set by the Article. 1 point 7 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 13] Article 39 (1) 3 in the version set by the Article. 1 point 7 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 14] Article 39 ¹ paragraph 3 added by art. 1 point 8 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 15] Article 40, as amended by Article 1, 1 point 9 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 16] Article 42 (1) 2 in the version set by the Article. 1 point 10 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 17] Article 47 (1) 1 ¹ added by art. 1 point 11 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 18] Article 47 (1) 3 in the version set by the Article. 1 point 11 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 19] Article 47 (1) 4 in the version set by the Article. 1 point 11 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 20] Article 49 as amended by the Article 1 point 12 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 21] Article 57 (1) 1 in the wording set by Article 1. 1 point 13 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 22] Article 67 (1) 5 added by art. 1 point 14 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 23] Article 75 ⁴ paragraph 2 in the version set by the Article. 1 point 15 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 24] Article 75 ⁵ paragraph 3 repealed by art. 1 point 16 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 25] Article 75 ⁸ in the version set by the Article. 1 point 17 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 26] Article 75 ¹⁰ in the version set by the Article. 1 point 18 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 27] Article 89 (1) 1 in the wording set by Article 1. 1 point 19 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 28] Article 93 ² paragraph 2 in the version set by the Article. 1 point 20 (a) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 29] Article 93 ² paragraph 3 added by art. 1 point 20 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 30] Article 93 ² paragraph 4 added by art. 1 point 20 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 31] Article 102 (1) 1 in the wording set by Article 1. 1 point 21 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 32] Article 102 (1) Article 3 (2), as amended by Article 3 (2) 1 point 21 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 33] Article 102 (1) 3 point 3 repealed by Article 3. 1 point 21 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 34] Article 108 (1) 1 point 3 repealed by Article 1 point 22 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 35] Article 108 (1) 2 ¹ added by art. 1 point 22 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 36] Article 108 (1) 3 in the version set by the Article. 1 point 22 (b) c) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 37] Article 108 ¹ in the version set by the Article. 1 point 23 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 38] Article 116 repealed by Article 116. 1 point 24 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 39] Article 117 ¹ added by art. 1 point 25 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 40] Article 117 ² added by art. 1 point 25 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 41] Article 117 ³ added by art. 1 point 25 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 42] Article 117 ⁴ added by art. 1 point 25 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 43] Article 117 ⁵ added by art. 1 point 25 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 44] Article 118 (1) 1 in the wording set by Article 1. 1 point 26 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 45] Article 122, as amended by Article 1, 1 point 27 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 46] Article 131 (1) 1 point 3 as set out by the Article 1 point 28 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 47] Article 131 (1) Article 2 (2), as amended by Article 2 (2) 1 point 28 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 48] Article 131 (1) 2 point 7 added by Art. 1 point 28 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 49] Article 132 (1) 1 point 1 ¹ in the version set by the Article. 1 point 29 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 50] Article 132 (1) 1 point 1 ² in the version set by the Article. 1 point 29 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 51] Article 132 (1) 6 in the version set by the Article 1 point 29 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 52] Article 133 in the version set by Article 1 1 point 30 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 53] Article 134 in the version set by Article 1 1 point 30 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 54] Article 135, as amended by Article 1, 1 point 30 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 55] Article 145 (1) 2 in the version set by the Article. 1 point 31 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 56] Article 153 (1) 3 in the version set by the Article. 1 point 32 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 57] Article 153 (1) 4 in the version set by the Article. 1 point 32 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 58] Article 156 (1) 1 in the wording set by Article 1. 1 point 33 lit. a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 59] Article 156 (1) 1 point 1 in the wording set by Article 1 1 point 33 lit. b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 60] Article 161 (1) 3 added by art. 1 point 34 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 61] Article 162 ¹ added by art. 1 point 35 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 62] Article 226 (1) 1 in the wording set by Article 1. 1 point 36 (a) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 63] Article 226 (1) 3 ¹ in the version set by the Article. 1 point 36 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 64] Article 228 (1) 1 point 1 ¹ added by art. 1 point 37 (a) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 65] Article 228 (1) 1 ¹ in the version set by the Article. 1 point 37 (a) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 66] Article 231 (1) 1 in the wording set by Article 1. 1 point 38 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 67] Article 231 ¹ in the version set by the Article. 1 point 39 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 68] Article 232 (1) 1 in the wording set by Article 1. 1 point 40 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 69] Article 237 (1) 5 in the version set by the Article. 1 point 41 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 70] Article 241 ¹ paragraph 2 ¹ added by art. 1 point 42 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 71] Article 242 ¹ added by art. 1 point 43 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 72] Article 243 (1) 1 in the wording set by Article 1. 1 point 44 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 73] Article 243 (1) 2 in the version set by the Article. 1 point 44 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 74] Article 245 (1) 1 in the wording set by Article 1. 1 point 45 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 75] Article 251 (1) 1 in the wording set by Article 1. 1 point 46 lit. a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 76] Article 251 (1) 2 in the version set by the Article. 1 point 46 lit. b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 77] Article 251 (1) 2 ¹ added by art. 1 point 46 lit. c) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 78] Article 253 ¹ added by art. 1 point 47 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 79] Art. 255 (1) 1 point 3 ² added by art. 1 point 48 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 80] Article 264 (1) 1 ¹ added by art. 1 point 49 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 81] Article 264 (1) 3 in the version set by the Article. 1 point 49 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 82] Article 264 (1) 5 added by art. 1 point 49 (b) c) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 83] Article 266 (1) 2 point 6, repealed by Article 1 point 50 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 84] Article 267 (1) 4 in the version set by the Article. 1 point 51 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 85] Article 267 (1) 8 in the version set by the Article 1 point 51 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 86] Article 268 (1) 1 in the wording set by Article 1. 1 point 52 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 87] Article 268 (1) 3 ¹ added by art. 1 point 52 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 88] Article 268 (1) 7 in the version set by the Article. 1 point 52 (b) c) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 89] Article 272 (1) 4 repealed by Article 1 point 53 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 90] Article 273 (1) Article 4 (4) in the wording set by Article 4 (4 1 point 54 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 91] Article 274 (1) 2 point 6, repealed by Article 1 point 55 (b) a) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 92] Article 274 (1) Article 6 (2), as amended by Article 6 (2) 1 point 55 (b) b) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 93] Article 274 (1) 12 in the version set by the Article. 1 point 55 (b) c) of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.

[ 94] Article 280 (1) 2 in the version set by the Article. 1 point 56 of the Act of 24 July 2015. the amendment of the Act-Industrial Property Law and some other Laws (Journal of Laws of the Law on Industrial Property 1266). The amendment came into force on 1 December 2015.