Amendment enforced by international law

On 1st of December 2015 one of the two last important amendments to Polish Industrial Property Law comes into force. This amendment is enforced by the Geneva Act of 2 July 1999 of the Hague Agreement Concerning the International Registration of Industrial Designs and Singapore Treaty of 27th March 2006 on the Law of Trademarks and adjusts to common standards for procedural aspects of trademark registration. The Singapore Treaty of 27th March 2006 on the Law of Trademarks entered into force in Poland on 2nd of July 2009.

The amendments introduce into Polish legal order institution of prior evaluation of trademark and patent ability and provide optionality of description by words of mark. The Polish Patent Office may not refuse totally application without giving the applicant or the requesting party an opportunity to check and observe patentability. Moreover, the Polish Industrial Property Law will regulate precisely refusal of foreign application for granting a patent and supplementary protection for inventions.

Besides, from 1st December 2015 it will be another relative grounds for refusal an application to obtain trade mark protection in view of plants and animals varieties. The amendment specifies in many cases the maximum requirements for application to initiate and conduct proceeding to obtain trade mark protection.

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