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<p>The aim of this article is primarily to analyse the norms of the opposition procedure to a final decision on granting a patent, a utility-model protection right or a registration right, contained in Art. 246–247 of the Industrial Property Law (IPL), taking into account both the provisions of substantive and procedural law as well as legal effects resulting from the adopted normative solutions regarding Art. 247 of the IPL in the amendment to the IPL of 16 October 2019. The model of opposition procedure adopted in Poland with the objection procedure in force in the Munich Convention is assessed. The presentation of the regulation of the opposition in the Munich Convention allows for a comparative legal analysis of the solutions contained therein with the relatively modest regulation provided for in Art. 246–247 of the IPL. The legal nature of the opposition, its subject and substantive legal grounds, as well as the inconsistently defined nature of the opposition period, are addressed. The controversial nature of the opposition proceedings is also discussed. The considerations made allowed for the formulation of de lege lata and de lege ferenda conclusions.</p>
</abstract>

The aim of this article is primarily to analyse the norms of the opposition procedure to a final decision on granting a patent, a utility-model protection right or a registration right, contained in Art. 246–247 of the Industrial Property Law (IPL), taking into account both the provisions of substantive and procedural law as well as legal effects resulting from the adopted normative solutions regarding Art. 247 of the IPL in the amendment to the IPL of 16 October 2019. The model of opposition procedure adopted in Poland with the objection procedure in force in the Munich Convention is assessed. The presentation of the regulation of the opposition in the Munich Convention allows for a comparative legal analysis of the solutions contained therein with the relatively modest regulation provided for in Art. 246–247 of the IPL. The legal nature of the opposition, its subject and substantive legal grounds, as well as the inconsistently defined nature of the opposition period, are addressed. The controversial nature of the opposition proceedings is also discussed. The considerations made allowed for the formulation of de lege lata and de lege ferenda conclusions.

Opposition to a Final Decision on the Granting of a Patent or other Exclusive Rights After Changes in Industrial Property Law

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The aim of this article is primarily to analyse the norms of the opposition procedure to a final decision on granting a patent, a utility-model protection...

Opposition to a Final Decision on the Granting of a Patent or other Exclusive Rights After Changes in Industrial Property Law

Published Online: Apr 05, 2022

Page range: 25 - 36

Received: Nov 01, 2021

Accepted: Jan 31, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.02

Keywords
examination of admissibility of the opposition, grounds for opposition, opposition procedure, revocation or maintenance of the patent or other industrial property rights, time limit for filing an opposition

© 2022 Joanna Sieńczyło-Chlabicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Opposition to a Final Decision on the Granting of a Patent or other Exclusive Rights After Changes in Industrial Property Law

Published Online: Apr 05, 2022

Page range: 25 - 36

Received: Nov 01, 2021

Accepted: Jan 31, 2022

DOI: https://doi.org/10.15290/bsp.2022.27.01.02

Keywordsexamination of admissibility of the opposition, grounds for opposition, opposition procedure, revocation or maintenance of the patent or other industrial property rights, time limit for filing an opposition

© 2022 Joanna Sieńczyło-Chlabicz, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
examination of admissibility of the opposition, grounds for opposition, opposition procedure, revocation or maintenance of the patent or other industrial property rights, time limit for filing an opposition