The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 4 November 2008, case file VI SA/Wa 1053/08, said that according to article 117(2) of the IPL, the finding that the exploitation of the industrial design infringes third parties’ personal or author’s economic rights shall also constitute a ground for invalidation of the right in registration. The Patent Office shall make a decision in litigation procedure.

This judgment concerned the industrial design “Butelka” (in English: bottle), Rp-8064.

See also my post entitled “Polish case law on industrial designs“.

Categories: Art. 117 IPL | Polish Act on Industrial Property Law | Polish Patent Office | Polish courts | Polish law | Voivodeship Administrative Court | industrial designs | invalidation of a right in registration.