Supreme Administrative Court

Distinctive character of a trademark

To obtain protection for a trademark the owner must prove that a sign has a distinctive character, i.e. it is not merely descriptive. But it is often unclear whether this is the case.

When a residential part of a building becomes a hotel

The Supreme Administrative Court recently reviewed a case concerning unauthorised change of use of real estate. According to the construction permit it was supposed to be a residential part of a building, but was converted into rooms to be let.

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.