POLAND Law and Practice Contributed by: Krystyna Szczepanowska-Kozłowska, Marcin Ziarkowski, Krzysztof Popławski and Kacper Sobolewski, A&O Shearman
The scope of information requested and the manner of the proceedings do not differ depending on whether the request is filed before or during the infringement proceedings. The entitled party is obliged to demon ‑ strate the circumstances indicating the infringement credibly. Within these proceedings, only information on the origin and distribution networks of goods or services can be demanded if it is necessary to pursue the claim. If the request for information was filed before the com ‑ mencement of the proceedings, and the court ordered the entity to provide information, the party requesting information must commence the infringement pro ‑ ceedings within the time limit set by the court, which may not exceed one month from the date of the deci ‑ sion ordering the provision of information. If such pro ‑ ceedings have not been initiated, the required party has a claim for damages. This claim also applies in cases where the lawsuit was dismissed, withdrawn or discontinued. Request for Disclosure or Delivery of Evidence A request for disclosure or delivery of evidence is pos ‑ sible only during ongoing infringement proceedings and can be made if the plaintiff has substantiated their claim. The requesting party must specify the evidence they seek to disclose or submit and provide reasons for such a request. In particular, they must show that the defendant holds the evidence in question. Polish civil procedure does not address the use of evidence or information obtained in proceedings conducted abroad. Therefore, there is no formal pro ‑ hibition on using such information. However, when using such information, one should avoid disclosing the defendant’s trade secrets in another jurisdiction. This means that the disclosure of information obtained abroad would be possible in practice only if the pro ‑ ceedings in both Poland and abroad involved the same parties. 1.8 Search and Seizure Orders Evidence can be secured before the proceedings start or at any point until the trial ends in the first instance. The application for securing evidence should be examined within one week from the date of its submis ‑ sion. Both before the initiation of the proceedings for
infringement and during their course, the entitled party must demonstrate the claims and show the existence of a legal interest in securing evidence. A legal interest exists when: • not securing evidence would make it impossible or severely hamper the presentation or proof of facts relevant for reaching the decision; • there is a risk of evidence being destroyed; • a delay in obtaining evidence could hinder the achievement of the goal of the evidentiary pro ‑ ceedings; or • there is a need to ascertain the existing state of affairs for other reasons. The court decides on the application without the par ‑ ties’ participation. If it issues a ruling before the initia ‑ tion of the proceedings, it sets a deadline for filing an infringement lawsuit within a period of not less than two weeks and not more than one month from the date on which the decision becomes final. The court only sends its decision on securing evidence to the entitled party. The other party gets this decision from the court bailiff, who executes it. The execution of this decision, at the request of the obliged party or the defendant, may take place with the participation of a court expert. A complaint against the decision on securing evidence is admissible. Polish civil procedure is silent on the use of evidence or information obtained in proceedings conducted abroad. Therefore, there is no formal barrier to using such information. However, when using such infor ‑ mation, one should avoid disclosing the defendant’s trade secrets in another jurisdiction. This means that the disclosure of information obtained abroad would be possible only if the same parties were involved in the proceedings in both Poland and abroad. 1.9 Declaratory Relief Polish law provides for an action to establish that certain acts, whether performed or intended, do not infringe a patent. Such an action can be brought by an entity with a legal interest. Under Polish law, legal interest occurs in the following two cases.
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