European Union

Poland

IP Enforcement

- what would be regarded as "expenses of the right holder" which have to be reimbursed pursuant to Article 45.2, first half of the first sentence, of the TRIPS Agreement and how they would be calculated;

Under Polish law, the costs incurred by the injured right holder (Article 45.2 of the TRIPS Agreement) constitute eligible cost necessary to exercise his rights (Article 98 CCP) and include: court costs (court charges, cost of experts, travel costs of witnesses), travel costs of the plaintiff and his attorney, and compensation for lost income for the time spent in court, if the plaintiff is not represented by his attorney.