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Amendment to Polish Industrial Property Law

On 1st of December 2015 one of the two 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 some procedural aspects of trademark registration to common standards.                                                   

The amendment introduces in the area of inventions, utility models and industrial designs among others institution of preliminary assessment of innovativeness or unity of the proposed invention or the inventive step. These documents are prepared by the Polish Patent Office. The amendment regulates also issuing decision refusing to grant protection of international trademark on the territory of Poland   and establishment of register containing additional protection rights.

In the area of trade marks the new negative condition is introduced. It concerns marking of animal or plant varieties’ names. The amendment defines in many cases maximal requirements for the request for registration, reformation or discontinuation of the proceedings in trademark’s cases.

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