POLAND Law and Practice Contributed by: Agnieszka Janicka and Krzysztof Hajdamowicz, Clifford Chance
ers to a significant degree. In Poland, there is a presumption of a dominant position if an under - taking has a market share exceeding 40%. How - ever, this presumption may be challenged by the undertaking involved. The PCA may impose a fine for abuse of a domi - nant position only on undertakings (not individu - als), which are liable to a fine of up to 10% of the turnover of the entire capital group generated in the year preceding the year in which the fine is imposed. Any legal transactions that constitute abuse of a dominant position are invalid in their entire - ty or in the relevant part. The PCA may also enforce abandonment of the practice, or order the offending undertaking to remedy its effects. Significant amendments to the Polish competi - tion law (implementing the ECN+ Directive) came into force on 20 May 2023, relating in particular to the leniency programme, liability for infringe - ment (introduction of parental liability), levels and methods of the calculation of fines, the dawn raids procedure, legal professional privilege and international co-operation of the PCA with other national competition authorities.
Patents protect inventions that: • are new;
• have an inventive step – ie, the invention is not obvious to a person skilled in the given field; and • are capable of industrial application – ie, based on the invention, a product may be obtained or a method used in any industrial activity. Patent protection lasts up to 20 years (subject to the payment of annual maintenance fees). To obtain a patent, the application must be filed with the Patent Office and must contain a motion, a description of the invention, claims and an abstract of the invention. If the application is not filed by the creator, it is necessary to ensure the acquisition of the right to obtain a patent by the entity applying for patent protection (future patent holder). If statutory requirements are met, the Patent Office then issues a relevant decision, provided that the fee for the first protection term is paid. When a patent is granted, this is entered in the patent register. Claims concerning infringement of a patent are heard before a court in civil proceedings. The patent holder may demand cessation of the infringement or the surrender of any unlawfully obtained benefits. If the infringement is culpable, the patent holder may also demand reparation of damage in accordance with general principles or by the payment of a sum of money in the amount of a licence fee or other relevant remuneration that would be due and payable to the patent holder for consenting to use of the invention. In addition, the patent holder may demand that the ruling concerning the infringement be made public.
7. Intellectual Property 7.1 Patents
In addition to the rights registered with the Polish Patent Office (see below and 7.2 Trade Marks and 7.3 Industrial Design ), it is possible to apply for protection over inventions, trade marks and other industrial properties through international channels. For trade marks and industrial designs, it is possible to obtain protection throughout the EU with a single application.
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