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posted 5 years ago
Patpol Legal lawyers are involved in a case in which the Supreme Court referred a question for a preliminary ruling on the interpretation of Art. 10 of Directive 2004/48 / EC.
Soon the CJEU will comment on the difference between the wording of Art. 286 of the IPL and Art. 10 of Directive 2004/48 / EC. The current legal status raises interpretation doubts as to the possibility of declaring the destruction of goods infringing IP rights. The Polish regulation refers to goods “unlawfully manufactured or marked”, and the directive to goods “found to infringe an intellectual property right”. The literal wording of Art. Therefore, 286 of the IPL does not apply to goods that are original but infringe intellectual property rights, as was the case here.
The case was also covered by the media. Marek Domagalski from Rzeczpospolita reports about the case and includes the comments from Dariusz Piróg, advocate at Patpol Legal – read the full article (PL) here.
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