Friday, January 15, 2010

And now for a Polish round-up

Only a week ago, Class 99 wrote: "It's not often that Class 99 gets to report on design law developments in Poland". Well, either because he has been inspired by design law or delighted to receive so many click-throughs to his own site from Class 99's design law addicts, Polish IP blogger Tomasz Rychlicki has struck again, with his "Selected and short review of Polish case law on industrial designs" (here). Tomasz introduces his article with a warning:
"Below, you will find couple of judgments decided inadministrative proceedings. Finding cases that were decided in civil proceedings is more problematic because they are not so often publicly available".
This is a problem not just in Poland but in most of the EU's medium-to-smaller national jurisdictions, from which decisions on matters such as registrability or cancellation can often be found but valuable decisions regarding the application of tests of infringement, and of correlated evidential and procedural issues, can be very hard to find.

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