Polish Patent Office, case I ACa 784/06

June 24th, 2007, Tomasz Rychlicki

The Appellate Court in Poznań in its judgment of 12 December 2006, case file I ACa 784/06, ruled issues related to the control of the merits of granting the right of protection for utility model has been under the articles 6(2) of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej) of 30 June 2000, Journal of Laws (Dziennik Ustaw) of 2001 No 49, item 508, consolidated text of 13 June 2003, Journal of Laws (Dziennik Ustaw) No 119, item 1117, with later amendments, transferred to the jurisdiction of the Polish Patent Office, which rules on such matters as provided for in article 255 of the IPL, the civil court has no jurisdiction to evaluate and verify the correctness of the decision of the Patent Office, but is to be bound, because these are decisions issued by the authority in respect of its powers.