Poland: time for a specialist Patent Court

Poland ’s Minister of Justice doesn’t see the need to create a specialist court for intellectual property disputes, according to a recent press release.

The idea of setting up a counterpart in Poland to the specialist IP Courts already existing in other EU countries has been a recurring topic of debate in recent years, with opinion always divided.

The need for one is arguably increasing as more and more companies seek to protect and exploit their patent, trademark and other IP rights through the courts.

The Ministry of Justice argues that there are still too few IP-related cases to justify a specialist court: only 609 first instance decisions and 221 second instance decisions in 2007, and 424 and 123 respectively in the first half of 2008.

Courts of general jurisdiction are able to deal with unfair competition and copyright issues but may lack the specialist technical knowledge required to pass judgment in cases involving industrial design or inventions.

Some feel that a specialist IP Court would enable rights to protected and enforced more quickly and cost-effectively, particularly where the length of trial currently leads to significant delays.

Others feel that it would help the economy to develop by identifying Poland as a country with the legal and industrial infrastructure needed to handle complex IP issues.

Industrial property cases are currently heard by economic or civil departments in district courts. In addition, the Community Trademark and Industrial Designs Court (a special, XXII department of the District Court) in Warsaw has heard IP cases involving breaches of EU law since 2004.

Only 29 cases were filed there in 2007, rising to 51 in 2008 and 56 in 2009. The rise in the number of cases indicates an increasing importance and suggests that it may now be time for the Ministry of Justice to consider creating a new court capable of dealing with all disputes involving to this complex area of law.