Archive for: Directive 98/71/EC

Polish case law on industrial designs

January 12th, 2010, Tomasz Rychlicki

Last updated on February 23, 2010.

I will try to provide my P.T. readers with a short review of Polish case law on industrial designs. I already wrote on this subject in my previous posts entitled “More on designs in Polish law“, “Polish case law on designs” and “R-6048“. Below, you will find a list of couple of judgments decided in the administrative proceedings. Finding cases that were decided in civil proceedings is more problematic becasue they are not so often publicily available. All judgments are presented in the chronological order. Just click on the link to find more about each case.

- Judgment of the Supreme Administrative Court of 20 January 2010, case file II GSK 323/09.

- Judgment of the Supreme Administrative Court of 16 December 2009, case file II GSK 238/09. This judgment was issued on the basis of the cassation complaint brought from the judgment of the Voivodeship Administrative Court (VAC) in Warsaw, of 11 December 2008, case file VI SA/Wa 1827/08.

- Judgment of the Voivodeship Administrative Court in Warsaw of 15 December 2009, case file VIII SA/Wa 332/09. This judgment is not yet final. The parties may file a cassation complaint to the Supreme Administrative Court.

- Decision of the Supreme Administrative Court of 9 December 2009, case file II GSK 772/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 19 November 2009, case file VI SA/Wa 703/09. This judgment is not yet final. The parties may file a cassation complaint to the Supreme Administrative Court.

- Judgment of the Voivodeship Administrative Court in Warsaw of 13 November 2009, case file VI SA/Wa 1376/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 9 October 2009, case file VI SA/Wa 189/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 29 September 2009, case file VI SA/Wa 211/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 19 August 2009, case file VI SA/Wa 664/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 10 June 2009, case file VI SA/Wa 498/09

- Judgment of the the Voivodeship Administrative Court in Warsaw of 8 June 2009, case file VI SA/Wa 536/09.

- Judgment of the the Voivodeship Administrative Court in Warsaw of 2 June 2009, case file VI SA/Wa 502/09.

- Judgment of the the Voivodeship Administrative Court in Warsaw of 4 April 2009, case file VI SA/Wa 109/09.

- Judgment of the Voivodeship Administrative Court in Warsaw of 4 February 2009, case file VIII SA/Wa 332/08.

- Judgment of the Supreme Administrative Court in a judgment of 27 January 2009, case file II GSK 612/08.

- Judgment of the Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 11 December 2008, case file VI SA/Wa 1827/08. The cassation compliant bought before the Supreme Administrative Court was rejected in a decision of 16 December 2009, case file II GSK 238/09.

- Judgment of the Voivodeship Administrative Court (VAC) in Warsaw of 4 November 2008, case file VI SA/Wa 1053/08.

- Judgment of the Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 11 August 2008, case file VI SA/Wa 1088/08.

- Judgment of the Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 10 June 2008, case file VI SA/Wa 543/08.

- Judgment of the Voivodeship Administrative Court (VAC) in Warsaw of 4 November 2008, case file VI SA/Wa 1054/08.

- Judgment of the Supreme Administrative Court of 20 March 2007, case file II GSK 277/06, published in the electronic database LEX, under the no 321283.

As usually, I will try to update this post everytime I got any interesting judgment. So stay tuned folks.

Industrial design, case VI SA/Wa 498/09

June 18th, 2009, Tomasz Rychlicki

The Voivodeship Administrative Court (VAC) in Warsaw in a judgment of 10 June 2009, case file VI SA/Wa 498/09, ruled that the document based on the industrial property rights is assigned to more serious legal consequences than a document issued on a different legal basis. It was the result of the erga omnes protection of intellectual property rights. The right in registration does not cover the appearance or characteristics of a design, which arise solely from a technical function, or those which are necessary to connect such a product. Nevertheless, in Court’s opinion that was based on the interpreation of the text of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs, there is no reason to exclude the individual features (also these which are conditioned by technical functions they perform, so being excluded from protection) to assess the overall impression.

This case concerned the industrial design “Listwa osłonowa” (in English: lath curly), Rp-9605.

Wzór Przemysłowy 9605

See also my post entitled “Polish case law on industrial designs“.