The Voivodeship Administrative Court in its judgment of 12 July 2012 case file VI SA/Wa 377/12 held that adding to the complaint evidence which, according to the adversarial principle should be presented by a party in the administrative proceedings and have not been submitted to the PPO before a decision was issued, is deemed as delayed and cannot be taken into account when assessing the validity of a decision of the PPO. Transferring the burden of proof on the administrative court is inconsistent with the role of this court, which does not decide on administrative cases, but its rule is to control administrative decisions in terms of their compliance with the law.

Categories: Art. 107 §3 APC | Art. 80 APC | Polish Act on Industrial Property Law | Polish Administrative Proceedings Code | Polish Patent Office | Voivodeship Administrative Court.