Supreme Administrative Court

The Domestos bottle: Registration of three-dimensional trademarks

Recent case law from Poland and the EU shows that it is tough to gain protection for a 3D trademark in the form of the shape of a product. Maintaining the protection of such a mark may also be a problem.

Planning and environmental damage

The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.

Review of rejected claims against the General Directorate for National Roads and Motorways under the special act for road construction subcontractors

The Supreme Administrative Court of Poland has made it clear that the administrative courts cannot review the road authority’s refusal to recognise a subcontractor’s claim for payment under the “special act.” The subcontractor’s claim may be pursued instead through the civil courts.

Electronic signature doesn’t work in administrative court

Poland’s Supreme Administrative Court has held that under current law it is impermissible to file papers with the administrative courts electronically using a secure electronic signature.

Not every contamination is environmental harm

The touchstone for determining liability for contamination of the earth or soil is the Act on Preventing and Remediating Harm to the Environment. But not every contamination will result in liability under the act.

Citizen standing to object to trademark registration

The Polish Supreme Administrative Court has confirmed that a person objecting to a decision to register a trademark under Art. 246 of the Industrial Property Law need not demonstrate a legal or factual interest in the matter.