The changes in the judicial system concerning intellectual property matters have been widely discussed for long. A draft of the relevant act, which initially seemed to be the issue of the remote future, will be coming into effect fairly soon.
In less than a week ago the World Health Organisation characterized COVID-19 as a pandemic. It affects people within different and basic aspects of their lives. Nowadays, we ponder how this situation will impact the economy, mainly entrepreneurs. Therefore, the wide discussions about new regulations concerning employees and employers is being conducted. However, my aim is to introduce our Readers- entrepreneurs and often patent holders, to the regulations which allows the State to use their patents in case of a threaten of broadly understood public interest.
… or how to determine the date of the beginning of the 5-year period for declaring lapse of protection in Poland of international trademarks after the implementation of Directive no. 2015/2436?
Upon seeing a word or word-figurative trademark, do we wonder who really has the exclusive right to use it? The applicants are hardly ever the creators of a trademark. More frequently, a logo is purchased form a graphic designing studio or a repository of files (e.g. Shutterstock). However, such purchase does not mean the acquisition of material copyrights to the form of expression of the mark.
Our clients frequently ask the question when exactly the obligation to start to use a trade mark arises, or in other words, from when the absence of genuine use may render the mark vulnerable to declaring lapse due to non-use. The continuous period, after which the holder of registration is at the latest obliged to put his mark to genuine use, in order to avoid negative consequences for its exclusive right, lasts 5 years.