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WEDNESDAY, 26 JANUARY 2011
Poland: awaited amendments appear
On 26 January 2011, the Act amending the Act on Polish Patent Attorneys came into force. According to recent changes Polish patent attorneys may now represent clients in matters related to combating unfair competition.
Patent attorney whose practice is based on the employment agreement takes an independent position in the entity that employs him/her and is directly subordinate to the head of an organizational unit, and if the organizational unit employs two or more patent attorneys, one of them is responsible for coordinating the work done by all employees.
A patent law firm may be organized as a stock company in which only inscribed shares are allowed. The Act introduced also the obligation of professional development for patent attorneys. Meanwhile it liberalized advertising rules.
EU nationals who meet the conditions prescribed by law are allowed to practice in Poland. A foreign citizen has to be able to speak Polish language to the extent necessary to practice on the Polish territory, in particular, to act as a representative in proceedings before the Polish Patent Office, as well as in judicial and administrative courts.
The Act also introduces the rules on cross-border services. These services are deemed as temporary and occasional activities of assistance in matters of industrial property that are performed by citizens of EU Member States or third country nationals who hold a long-term residence permit of the European Communities, which are also authorized to perform these actions in the Member State.
The person who wants to star cross-border services for the first time on the Polish territory, is required to submit to the National Council of Patent Attorneys a written statement regarding these services together with the certificate of profession translated into Polish, any document being a proof of nationality, and a copy of liability insurance.
A person who performs cross-border services in the Republic of Poland by representing a client in proceedings before administrative bodies or courts, is required to indicate to the authority conducting the proceedings a person who will be authorized to receive official letters in the Republic of Poland. In case of no indication of such a person, a letter will be delivered to the party represented, if he or she is a resident of the Republic of Poland. In other cases, a letter will be left on file with the effect of service, the body should instruct about such actions at the first delivery.
The Act also made changes with regard to patent attorneys' traineeship (the scope, costs, final exams) and disciplinary responsibility of patent attorneys. The rules on suspending the professional activity were also introduced. The suspension has to take place if the patent attorney is employed in the Polish Patent Office, the administrative court, the European Patent Office or the Office for Harmonization in the Internal Market, take the office of judge, become a notary, a bailiff, or the prosecutor, assessor or a notary public prosecutor, or being on traineeship for the mentioned above functions.
Posted by: Tomasz Rychlicki @ 10.04
Polish law, polish patent attorneys, cross border services,
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