Archive for: Art. 26 IPL

Industrial design law, case VI SA/Wa 505/10

November 18th, 2010, Tomasz Rychlicki

The Voivodeship Administrative Court in Warsaw in its judgment of 23 June 2010 case file VI SA/Wa 505/10 held that as the informed user should be considered a person who orders from the manufacturer a set of advertising pads to promote his or her own business and to distribute such pads to places of their use. This is undoubtedly a model of an informed user, and so a hypothetical user who physically does non-exist, who uses the product continuously, so it is not the average consumer neither professional. From his or her point of view, the Polish Patent Office shall assess the overall impression on users of a given design and opposed designs. Nevertheless, it is the informed user who compares industrial designs. The scope of creative freedom in developing the design, is determined by the functional characteristics of the object and the earlier designs.

Rp-11754

This judgment concerned the industrial design “Podstawka reklamowa świecąca Star light” (in English: flashing advertising pad Star light), Rp-11754. See also “Polish regulations on industrial designs” and “Polish case law on industrial designs“.

Categories: Art. 102 IPL | Art. 103 IPL | Art. 104 IPL | Art. 105 IPL | Art. 107 §3 APC | Art. 26 IPL | Art. 7 APC | Art. 77 APC | industrial designs | informed user | invalidation of a right in registration | novelty of an industrial design | Polish Act on Industrial Property Law | Polish Administrative Proceedings Code | Voivodeship Administrative Court.

Patent law, case VI SA/Wa 327/10

May 27th, 2010, Tomasz Rychlicki

The Voivodeship Administrative court in its judgment of 28 April 2010 case file VI SA/Wa 327/10 held that the Polish Patent Office should provide translation into Polish of documents that were allowed as evidence in administrative proceedings. Such conclusions stem from the Act of 7 October 1999 on the Polish language published in Journal of Laws (Dziennik Ustaw) of 1999 No 90 item 999. The authority/body provides official actions of public administration in the Polish language. The aforementioned act obliges the authority to make foreign language translation of the document. The examination of the contents of the document should be conducted in Polish, the one and only official language of the Polish administrative proceedings. Only then one can say that the procedural step, which consists of taking evidence from a document written in a foreign language, has been carried out correctly. The constitutional principle, which is reflected in rules of the Act on the Polish language, provides that the official language of the Republic of Poland is Polish and it requires that the documents being major evidence that affects the outcome of the administrative case, has been translated into Polish. Only then will it be possible to assess the accuracy of the examination of the content of such document.

Categories: Act on the Polish language | Art. 24 IPL | Art. 245 IPL | Art. 26 IPL | Art. 33 IPL | patent law | patentable subject matter | Polish law | Polish Patent Office | Voivodeship Administrative Court.