On the basis of article 4, section 1, of the Polish Act on Patent Attorneys – APAT – (in Polish: ustawa o rzecznikach patentowych) of 11 April 2001, Journal of Laws (Dziennik Ustaw) No. 49, item 509, with subsequent amendments, a patent attorney profession is to provide assistance in matters of industrial property: to private individuals, legal persons and entities without legal personality.

Article 2. Whenever in this Act is referred to the Industrial Property – shall mean:
1) acquisition, preservation, carrying out and enforcing of rights related to industrial property, and in particular to inventions, utility models, industrial designs and topographies of integrated circuits, as well as trademarks, trade names and geographical indications,
2) combating unfair competition in respect of items referred to in paragraph 1.

The scope of representation for matters relating to unfair competition has been recognized in the act quite narrowly. It was confirmed by the Polish Supreme Court in a judgment of 16 October 2004, case file CK III 580/03, which was published in the Jurisprudence of the Supreme Court, the Civil Chamber (in Polish: Orzecznictwo Sądu Najwyższego Izba Cywilna) of 2005/9/164/109. The Court simply held that a patent attorney may be a representative in judicial proceedings, which are the subject of a claim arising from unfair competition in respect of items referred to in article 2, section 1 of the Law on Patent Attorneys of 11 April 2001 Dziennik ustaw No. 49, pos. 509.

Categories: Art. 2 APAT | Art. 4 APAT | case law | Polish Act on Patent Attorneys | Polish Chamber of Patent Attorneys | Polish courts | Polish law | Polish patent attorneys | Polish Supreme Court | review.