Devil’s tricks still being played…

In my previous entry to IP Blog – “The devil is in the details”, or “from when one should count the 5-year period, during which it is possible not to use one’s trademark without consequences” – I discussed the problems connected with determining the initial date of the 5-year period for declaring lapse of protection in Poland of international trademarks.

The Polish regulation Art. 15215 Par. 2 of the Law on Industrial Property, in the wording as from 16th March 2019, is nearly a literal repetition of the relevant regulation in the Directive. Unfortunately, in this case the literal wording means that the proposed dates are not adapted to the procedure at hand.

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