News

23.04 2024

DR. MICHAL MARKIEWICZ FOR RZECZPOSPOLITA – DR MICHAŁ MARKIEWICZ FOR RZECZPOSPOLITA – EU TRADEMARK, POLISH TRADEMARK OR MAYBE BOTH?

In today’s Rzeczpospolita, Dr. Michal Markiewicz writes about the European Union trademark and the Polish trademark. What are the relations between these rights, what to be guided by when choosing the appropriate right, which signs affect the possibility of obtaining certain rights (they may constitute grounds for opposition or later invalidation of the right) and to what extent registration of a sign blocks other entities in Europe from registering a conflicting sign (monopolizes the sign). He also points out that in certain circumstances it is legitimate to register a national right despite the legitimacy of an EU right – this is particularly true in the situation of legitimacy of a widely recognized (reputable) mark. He also points to two EUIPO projects that aim to support small and medium-sized entrepreneurs in the field of intellectual property rights: WSME Found allows reimbursement of 75% of the cost of registering a trademark with a maximum grant limit of €1,000, IP Scan allows verification of all the entrepreneur’s intangible assets, including the signs used, among others, for the purposes of possible future registrations of them as trademarks. In this case, the subsidy covers 90% of the cost of the analysis, up to €630. This program was first launched in Poland in 2024. Link to article: https://archiwum.rp.pl/artykul/1514335-Znak-towarowy-unijny-polski-a-moze-oba.html

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10.04 2024

LEGAL COUNSEL ZUZANNA OCHOŃSKA-BOROWSKA FOR THE PORTAL PRAWO.PL WOLTERS KLUWER – THE SUBJECT OF THE DISPUTE IN NON-MONETARY CLAIMS IN INTELLECTUAL PROPERTY CASES

An article by legal counsel Zuzanna Ochońska-Borowska on the subject of litigation in non-monetary claims in intellectual property cases, including prevention and combating of unfair competition, appeared on the Law.pl portal under “5 minutes about IP”. The text addresses doubts about the interpretation of the amended regulations, in the context of the need to determine the value of the subject matter of the dispute (in the case of a claim for omission and publication). Precise determination of CSP still difficult, haphazard or even impossible? Still adequate criteria include: the interest of a certain person in the possibility of undisturbed enjoyment of his rights, the premises of the value of the object of protection, the duration and intensity of the violation, the likelihood of continuation of the violation, the size of the companies of the parties to the proceedings, the period for which the abandonment was requested. At Markiewicz Sroczynski Mioduszewski, we help entrepreneurs in cases of protection of copyright, industrial property rights and protection of other rights on intangible property, including European intellectual property rights and claims for the prevention and suppression of unfair competition, so we look with interest at the further development of the jurisprudential line in this area. Link to article: https://www.prawo.pl/biznes/przedmiot-sporu-przy-roszczeniach-niepienieznych-w-sprawach-wlasnosci-intelektualnej,526309.html

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KNOWLEDGE

Team of Markiewicz & Sroczyński GP consists of highly qualified experts in their fields, who have years of experience in research and teaching at the Jagiellonian University. This statement is also based on the knowledge and experience of Mr. Jarosław Sroczyński - the founder and first director of the Cracow Regional Office of the Office of Competition and Consumer Protection.

EXPERIENCE

M&S lawyers have years of experience in the practical application of the law. They created unprecedented interpretations of the law, which allowed for the protection of M&S’s customers at its very best. Among the clients of M&S are large companies, as well as state authorities.

MODERNITY

M&S focuses on direct and flexible customer contact. In each case, we adjust to the client’s expectations as well as quickly and practically respond to emerging needs.