The Voivodeship Administrative Court in Warsaw in its judgment of 29 April 2010 case file VI SA/Wa 146/10 held that the provisions of the Administrative Proceedings Code should be applied accordingly to the litigation procedure before the Polish Patent Office in cases not regulated by 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. It means that PPO is required to conduct proceedings in such a way as to increase the trust of citizens in the State bodies and public awareness and appreciation of the law. This principle implies the requirement of a lawful and fair conduct of the proceedings and settlement of the case by a public authority, which is the basic principle of Rule of law. Only the proceedings corresponding to such requirements and decisions rendered in it can inspire the trust of citizens in public administrations bodies, even when administrative decisions did not include claims raised by the citizen.

Categories: Art. 107 §3 APC | Art. 256 IPL | Art. 7 APC | Art. 77 APC | Art. 8 APC | Art. 80 APC | Polish Act on Industrial Property Law | Polish Administrative Proceedings Code | Voivodeship Administrative Court.