REKEL PATENTINTELLECTUAL PROPERTY

REKEL PATENT / Guide to IP matters

Infringement and unfair-competition disputes

A similar product or a brand owner’s objection is not enough to establish a claim. The analysis identifies a valid right, the entitled party, specific conduct and the territory concerned. A qualified Polish patent attorney may represent parties in civil intellectual-property matters, including the statutory scope of copyright and unfair-competition cases. That is not a general entitlement across every field of law or in criminal proceedings.

Competent authority

In Poland, civil IP matters are heard by the competent regional courts with IP jurisdiction. The client’s location does not by itself determine jurisdiction. The technical categories in Article 479⁹⁰ § 2 of the Code of Civil Procedure, including inventions and computer programs, fall exclusively within the Warsaw Regional Court’s jurisdiction.

Scope and context

Rekel Patent is an information website published by Vadym Rekel. Its materials explain intellectual-property procedures and the work of qualified patent attorneys. Sources verified on 16 October 2026. Current legislation, documents, service dates and applicable procedural instructions matter in an individual case.

Stages of the procedure

  1. 01

    Audit the right and preserve evidence

    Check registers, acquisition agreements and licences, then identify the alleged infringing acts. Preserve authentic dated materials with a traceable source: offers, samples, photographs, invoices and correspondence. The infringement question must be distinguished from any question about the underlying right’s validity.

  2. 02

    Assess remedies and urgent measures

    Examine the conditions for an injunction, monetary claims and other remedies available for that particular right. Interim relief, preservation of evidence, disclosure or delivery of evidence and requests for information are separate instruments with separate requirements. None is automatically available merely because an infringement has been alleged.

  3. 03

    Notice, negotiations or court proceedings

    Before taking action, assess the legal grounds, possible counterclaims and the prospects of agreement. Statements of claim and defence require organised factual allegations and evidence. In technical matters, comparing product features against patent claims and obtaining expert evidence may be particularly important.

  4. 04

    Judgment, review and enforcement

    After judgment, determine the precise obligations, available appeals and steps needed for enforcement. One ruling does not necessarily end every dispute concerning the IP portfolio. A settlement should identify the required conduct, relevant products, territories and financial arrangements clearly enough to reduce the risk of another disagreement.

Risks and decision points

  • Delaying preservation of material may make facts harder to prove.
  • Registration does not establish infringement or justify every remedy claimed.
  • Court selection and representation must be checked against jurisdiction and special procedural rules.

Legal basis and sources

Offices and courts ↗

Source library

Related processes

All processes →