intellectual Property

Lego manikin joins Rubik’s Cube

Lego figures are a toy for all. They develop not only the imagination, but also the line of European case law. Like Rubik’s Cube, they are reversing the tide of refusal to grant trademark protection to the shapes of products.

Is a licence really forever?

Software licensing agreements often provide that the licence is granted for an unlimited time. But what does this mean in practice and what legal consequences does it exert?

Three stripes prevail over two

The General Court refused registration of a trademark of two parallel stripes on sports shoes. The difference in the number of stripes did prevent conflict with the adidas trademark of three stripes.

Can colour be a trademark?

Although in theory it is possible to register a trademark in the form of a single colour, in Polish practice such marks are vanishingly rare. Essentially, such protection is possible only if the applicant proves “secondary distinguishing power”—showing that the target customers for the goods clearly associate the colour with a specific company.

Major changes to the Industrial Property Law

A long-awaited bill to amend the Industrial Property Law of 30 June 2000 was submitted to the Sejm on 12 March 2015. The proposed changes affect dozens of regulations. The bill would repeal some existing provisions but also introduce new features to the law.

How precisely should a licence for use of an industrial design be worded?

Contracts are signed expecting the worst. The provisions should be precisely formulated, particularly when a failure to be explicit can lead to application of rigid statutory provisions instead. When a dispute arises, the court’s interpretation of the parties’ intent may differ from the literal wording of the contract.