Procedural law, case VI SA/Wa 886/11

April 10th, 2012, Tomasz Rychlicki

The Voivodeship Administrative Court in its judgment of 15 June 2011 case file VI SA/Wa 886/11 ruled that introduction of a decision which has as an integral part a justification, into legal transactions, by serving it to the parties without the signature of the Chairman of of the adjudicative panel is clearly in breach of Article 2558(2) 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.

Article 2558
2. Written substantiation of the decision shall be drawn up ex officio within 30 days from the date of its pronouncement. The substantiation shall be signed by the chairman and the member of the adjudicative panel that has drawn up the substantiation. A copy of the decision and the substantiation shall be served upon the parties.

This case concerned the invalidation proceedings of the word trade mark LABRADOR R-203285. The Court ruled the justification is an important part of a decision that allows the Court to follow the reasoning of the PPO which led to the contested decision.