The Voivodeship Administrative Court in its judgment of 20 April 2011 case file VI SA/Wa 2623/10 ruled that, during proceedings for invalidation of the right of protection for trade mark, the applicant should be required to participate actively in evidence proceedings. It should be also noted that in the literature and the case-law on the grounds of general administrative proceedings, it is assumed that the party is not exempted from the obligation to participate actively in the process of gathering evidence, particularly when not proving certain actual circumstances can lead to results unfavorable to the party.

Categories: Art. 132(2)(ii) IPL | Art. 132(2)(iii) IPL | Art. 246 IPL | Art. 7 APC | Art. 77 APC | Polish Act on Industrial Property Law | Polish Administrative Proceedings Code | Voivodeship Administrative Court.