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ARTICLE · 04 APRIL 2019

Smells Like Registered?

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The Industrial Property Law Amendment Act of 20 February 2019 came into effect on 16 March 2019.

European UnionIntellectual Property

The Industrial Property Law Amendment Act of 20 February 2019 came into effect on 16 March 2019. The Amendment Act comes further to the requirement to implement Directive (EU) 2015/2436 dated 16 December 2015 to converge the laws of the member states relating to trademarks.

Key amendments:

Definition of the trademark broadened

The Act removes the requirement for graphic representations of trademarks. It will be possible to register any mark which can be presented in the trademark register in a manner allowing for the unequivocal and accurate determination of the object of the protection granted.

The legal doors for registration of these marks is now slightly ajar. However, the Polish Patent Office, in similar fashion to the EU Intellectual Property Office (EUIPO), will not give protection to such trademarks as yet. In justification, the authorities speak of the requirement for a representation of the mark in a clear, precise, independent, easily accessible,

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