Public consultations pertaining to the draft amendments in the Polish Civil Procedure Code: commentary by Janusz Piotr Kolczyński, attorney-at-law.
10 April 2019
On 5 April 2019, the Government Legislation Centre published draft amendments of the Minister of Justice pertaining to the Polish Civil Procedure Code (hereinafter referred to as CPC). The amendments would enter into force on 1 January 2020. The deadline for submitting remarks to the draft amendments passes on 19 April 2019.
Major premises of the draft include establishment of specialist courts with respect to intellectual property, which would settle the intellectual property disputes, including disputes pertaining to:
- protection of copyright and neighbouring rights;
- inventions, utility models, industrial designs, trademarks, geographic labelling, topography of integrated circuits;
- preventing and fighting unfair competition;
- protection of personal rights within a scope in which it refers to the use of personal rights for the purpose of individualisation, advertisement or promotion of a company, goods or services;
- protection of personal rights in relation to scientific or improvement activity.
Another idea of the legislator is related to the introduction to the CPC of special petitions, i.e.:
- counter-claims and
- petitions lodged to determine whether specific activities do not breach a patent, supplementary protection rights, protection right or rights under registration; in the last case, it is specified in the justification that the aim is to reduce burden on parties within the scope of investment costs of innovation activities.
Author: Dominika Sułecka