Changes to interim injunction procedures in Poland: the impact on IP cases
Bartosz Jankowski & Marzanna Sobaniec
by Bartosz Jankowski & Marzanna Sobaniec
In the summer of 2023, an amendment to Poland’s Code of Civil Procedure came into effect, implementing revolutionary changes in the field of interim injunction proceedings in intellectual property cases. The intention of the amendment is to balance the position of the parties in these cases and reduce the abuse of temporary injunctions by right holders.
In Polish procedural law, interim measure procedures are, as a rule, conducted ex parte, based strictly on the information and evidence presented by the party seeking such measures. Thus, in many cases the obliged party is able to take defensive steps only after the measures take effect. The relative ease of obtaining interim measures, the limited scope of the obliged party defence, and the far-reaching effect of interim injunctions in IP cases (such as seizing company goods or imposing a ban on marketing goods or services) makes seeking interim injunctions in IP cases a potentially dangerous tool for combating competition.
Key changes
Lawmakers have decided to strengthen the position of the obligated party by introducing more rigid rules for obtaining security in IP cases, as follows:
The current obligation to prove legal interest in receiving the interim injunction now will include an assessment of the probability that the exclusive right for which the claimant seeks protection will be invalidated in other pending proceedings.
A rule has been introduced that, unless it is necessary to resolve the request immediately, the granting of an interim injunction must be preceded by hearing the obligated party’s position. This new rule will not apply to interim measures enforceable by a bailiff (such as the seizure of goods).
The time allowed to file an application to obtain an interim injunction will be limited to 6 months after becoming aware of the infringement of the party’s exclusive rights, the expiry of which will make the application inadmissible.
Key consequences for business
The changes incentivise decisiveness and the utmost diligence on the part of parties asserting the protection of their rights. Parties filing for interim injunctions in IP cases must take steps towards assuring their claims are: (i) well-founded, (ii) evidence-based, and (iii) brought to court in a timely manner.
Some of these changes may be considered questionable or unclear in practice, which may create a far-reaching sense of uncertainty among businesses and IP practitioners, however, this certainly is a move in the right direction.
Bartosz supports businesses with expert know-how in IT, data protection, and IP together with experience in dispute resolution and litigation.
Marzanna heads the dispute resolution team dealing with IP, copyright, and trademark disputes. She also works in bankruptcy and restructuring as a licensed restructuring advisor.
GGI member firmPenterisWarsaw, PolandT: +48 22 257 83 00
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