A game changer for Poland preliminary injunctions

Poland has just introduced new rules for granting injunction relief for IP infringements. Agnieszka Sztoldman of Osborne Clarke explains the takeaways.

In IP disputes, proceedings for injunctive relief are extremely important. Obtaining injunctive relief frequently allows the holder of an IP right to prevent the introduction of a new, competing product or a takeover of clientele or market position by an infringer. Many product launches in Central and Eastern Europe begin in Poland, the EU's fifth-largest economy with approximately 40 million consumers.

As a result, it is important to pay close attention to Polish judiciary reforms in IP matters. Of course, the initial stage of this reform was the introduction of specialised IP courts (five district courts and two appellate courts) that only deal with IP and unfair competition claims.

Poland's IP courts may issue an injunction before or during the proceedings. When granting injunction relief, IP courts in Poland can decide either to prohibit a potential infringer from acting in a certain way or to "freeze" a specific amount if the potential infringer loses the main dispute.