Trade mark law, case II GSK 320/05

August 14th, 2007, Tomasz Rychlicki

The Supreme Administrative Court in its judgment of 19 January 2006 case file II GSK 320/05 ruled that the litigation proceedings, conducted on the basis of the provisions of Article 255 of the Polish Act of 30 June 2000 on Industrial Property Law – IPL – (in Polish: ustawa Prawo własności przemysłowej), published in 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 subsequent amendments, have the adversarial nature. This means that the parties of the proceedings should cite evidence to support their claims. However, it should not be interpreted as meaning that the administrative body retains in complete inactivity during the proceedings. The administrative body is required to explain all the facts under the provisions of Article 7 and 77 of the Administrative Proceedings Code – APC – (in Polish: Kodeks postępowania administracyjnego) of 14 June 1960, published in Journal of Laws (Dziennik Ustaw) No 30, item 168, consolidated text of 9 October 2000, Journal of Laws (Dziennik Ustaw) No 98, item 1071 with subsequent amendments. This requirement should be understood that the initiative for setting up the arguments and the presentation of evidence rests on the parties, especially if it is acting with a representative. The role of the administrative body has the complementary nature.