Contracting state

Poland

1

Provisional protection under Art. 67 EPC

 

Yes (Art. 67(2) EPC)


Art. 4 (2) EPAL
Art. 287 IPL

2

Rights conferred

 

A right holder whose patent has been infringed, or another person permitted by the provisions of the Act, may request the infringing party to cease infringing his rights, deliver up the unlawfully earned benefits, and in the case of a culpable infringement, to remedy the damage inflicted:

1) on general terms or

2) through payment of cash in the amount corresponding to the licence fee or other relevant remuneration which would be due on the pursuing of the claim for the right holder's consent to exploit the invention.

The court, in its adjudication on patent infringement, may rule, on the petition of the right holder, that part of or the whole ruling or information on the ruling may be made publicly available to the extent and in the manner determined by the court.

The court may order a person who has infringed a patent, at his request, where the infringement is inadvertent, to pay a relevant sum of money to the right holder if the cessation of infringement or adjudication would be incommensurately severe to the infringing party and the payment of the sum of money duly guards the interest of the right holder.


Art. 287 IPL

3

Translation of the claims necessary pursuant to Art. 67(3) EPC?

 

Yes


Art. 4 (2) EPAL

4

When does the right referred to in section 1 arise if a translation pursuant to Art. 67(3) EPC is necessary?

 

When the translation of the claims is made available to the public in accordance with table III.B, section 5, and notice of the fact is published in "Biuletyn Urzędu Patentowego" (Bulletin of the PL Patent Office)


Art. 4(2) EPAL

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