The Voivodeship Administrative Court in Warsaw in its judgment of 19 November 2009 case file VI SA/Wa 703/09 ruled that the person entitled to file a request for invalidation of a right in registration of an industrial design may be an owner of the industrial design registered with an earlier priority, if the existence of this deisgn is an obstacle to the novelty or individual character of the later design. The entitled person to file a request for invalidation may also be an entrepreneur that produces a product with a solution that is covered by the wrongly granted right in registration and to whom this wrongly granted right interferes with the freedom of business establishment and operation.

This judgment is not yet final. A cassation complaint may be filed to the Supreme Administrative Court.

This case concerned the industrial design “Stelaż fotela” (in English: seat frame), Rp-8808. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Categories: Art. 102 IPL | Art. 103 IPL | Art. 117 IPL | industrial designs | invalidation of a right in registration | novelty of an industrial design | Polish Act on Industrial Property Law | Polish courts | Polish law | Polish Patent Office | Voivodeship Administrative Court.