CLASS 46
Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
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FRIDAY, 11 OCTOBER 2013
"Meet the Judges" event in Poland
Today, about one hundred participants attended "Meet the Judges" event in Warsaw. After a warm welcome speech by prof. Krystyna Szczepanowska-Kozłowska (Warsaw University) and Diana Versteeg (Chair of Marques Council) the attendees had a chance to listen to the lecture of Judge Kisielewicz of the Polish Supreme Administrative Court. Judge Kisielewicz discussed the issue of renown/reputed trade marks in Polish case-law and the differences in applying by Polish civil and administrative courts the standards established by the Court of Justice in the Chevy case (C-375/97). Judge Kisielewicz noted that the interpretation provided by the Polish Supreme Court in case IV CSK 393/10 or the standard applied by the Supreme Administrative Court in II GSK 506/07 (see: "Poland: more on wooden pails and their reputation" and "Poland: proving the fame of a trade mark") should not be seen as the violation of EU law by national courts but rather as a different methodological approach to the same problem. Another speaker, Judge Edyta Jefimko of the Appeallate Court in Warsaw touched the issues of cumulative protection of reputed trade marks provided by the Polish Industrial Property Law (IPL) and the Polish Act on Combating Unfair Competition (CUC), and the problem of applying protective measures in such cases.
After a short coffee break, Judge Małgorzata Korycińska of the Supreme Administrative Court discussed the issue of genuine use in trade mark revocation cases. Judge Korycinska mentioned the shift in the interpretation of the legal interest (locus standi) by the SAC from a very strict to liberal approach, and the nature of the decision on the lapse of the trade mark as discussed by the SAC in case II GSK 668/08 (mentioned on Class 46 in "Poland: the nature of a decision"), and the question of the date of the lapse as interpreted by the SAC in case II GPS 1/08 (also mentioned on Class 46 in "Poland: it is all about the date").
Judge Mirosława Wysocka of the Polish Supreme Court shared some thoughts on the expert witness opinions in trade mark cases, and the last panelist, Judge Joanna Sienczyło-Chlabicz of the SAC discussed issues of the trade mark invalidation proceedings before the Polish Patent Office.
The whole meeting was very interesting, but taking into account the European nature of MARQUES, the program maybe lacked the presence of the judge of the Polish Court for the Community Trade Marks and Community Designs. Posted by: Tomasz Rychlicki @ 19.48
Tags: Meet the Judges, Poland,
Sharing on Social Media? Use the link below...
Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3387
"Meet the Judges" event in Poland
Today, about one hundred participants attended "Meet the Judges" event in Warsaw. After a warm welcome speech by prof. Krystyna Szczepanowska-Kozłowska (Warsaw University) and Diana Versteeg (Chair of Marques Council) the attendees had a chance to listen to the lecture of Judge Kisielewicz of the Polish Supreme Administrative Court. Judge Kisielewicz discussed the issue of renown/reputed trade marks in Polish case-law and the differences in applying by Polish civil and administrative courts the standards established by the Court of Justice in the Chevy case (C-375/97). Judge Kisielewicz noted that the interpretation provided by the Polish Supreme Court in case IV CSK 393/10 or the standard applied by the Supreme Administrative Court in II GSK 506/07 (see: "Poland: more on wooden pails and their reputation" and "Poland: proving the fame of a trade mark") should not be seen as the violation of EU law by national courts but rather as a different methodological approach to the same problem. Another speaker, Judge Edyta Jefimko of the Appeallate Court in Warsaw touched the issues of cumulative protection of reputed trade marks provided by the Polish Industrial Property Law (IPL) and the Polish Act on Combating Unfair Competition (CUC), and the problem of applying protective measures in such cases.
After a short coffee break, Judge Małgorzata Korycińska of the Supreme Administrative Court discussed the issue of genuine use in trade mark revocation cases. Judge Korycinska mentioned the shift in the interpretation of the legal interest (locus standi) by the SAC from a very strict to liberal approach, and the nature of the decision on the lapse of the trade mark as discussed by the SAC in case II GSK 668/08 (mentioned on Class 46 in "Poland: the nature of a decision"), and the question of the date of the lapse as interpreted by the SAC in case II GPS 1/08 (also mentioned on Class 46 in "Poland: it is all about the date").
Judge Mirosława Wysocka of the Polish Supreme Court shared some thoughts on the expert witness opinions in trade mark cases, and the last panelist, Judge Joanna Sienczyło-Chlabicz of the SAC discussed issues of the trade mark invalidation proceedings before the Polish Patent Office.
The whole meeting was very interesting, but taking into account the European nature of MARQUES, the program maybe lacked the presence of the judge of the Polish Court for the Community Trade Marks and Community Designs. Posted by: Tomasz Rychlicki @ 19.48
Tags: Meet the Judges, Poland,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA3387
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