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 IPL, may request that the infringing party cease infringing their rights, surrender any unlawfully earned profits and, in the case of a culpable infringement, remedy the damage inflicted:

1) on general terms or

2) by payment of cash to an amount equivalent to the licence fee or other relevant remuneration which would be due on successfully invoking a claim for the right holder's consent to exploitation of the invention.

If so requested by the right holder, the court, in its ruling on patent infringement, may rule that its ruling, or information on it, may be wholly or partly made publicly available to the extent and in the manner determined by the court.

In cases of an inadvertent infringement, the court may order, at the infringing party's request, that the infringing party pay the right holder money of a certain amount if ceasing infringement or adjudication would be incommensurately severe for the infringing party and payment of this money duly protects the right holder's interests.


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 PPO)


Art. 4 § 2 EPAL

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