The Appellate Court in Warsaw in its judgment of 13 February 2007 case file I ACa 907/06 held that in a situation of conflict of rights related to two patents being in force, the case should be decided by the civil court in order to examine the scope of patent claims, and not only in the case of infringement of the patent but also in the case that the patent infringement does not occur. The Court ruled that the provisions of Article 189 of the Polish Civil Proceedings Code – CPC (in Polish: Kodeks Postępowania Cywilnego) of 17 November 1964, published in Journal of Laws (Dziennik Ustaw) No 43, item 296, with subsequent amendments, are deemed as lex speciali to the provisions of Article 284(1) 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.

Categories: Art. 284 IPL | patent infringement | patent law | Polish Act on Industrial Property Law | Polish Appeallate Court | Polish Civil Proceedings Code.