Judicial procedure does not provide for explicitly determined time-limits to examine civil cases, including cases involving protection of intellectual property.
There is a principle to examine cases in the sequence of their coming in before the court, without unjustified delay.
Time-limits which may be relevant for the parties to the lawsuit in cases on violation of intellectual property rights are the following:
- time-limit to lodge a complaint is one week and is counted from the day of serving the decision or from the day of announcing the decision taken at the hearing unless the party has not demanded serving of the decision (Article 394 § 2 CCP);
One is entitled to lodge a complaint to a court of the second instance about the decision of a court of the first instance ending the case, and also about the decision of a court of the first instance enumerated in Article 394 § 1 CCP;
- time-limit to make an appeal against the judgement of a court of the first instance to a court of the second instance is two weeks from the delivery to the party appealing against the judgement with justification (Article 369 § 1 CCP). Appeal is a means of appealing against the judgement pronounced in the first instance to which a party is entitled;
- time-limit to submit a demand a written justification of the judgement of the first instance is one week from the day of announcing the conclusion of the judgement (Article 328 § 1 CCP);
- time-limit to institute cessation is a month, counted from the day of serving the decision to the claiming party. The party is entitled to cessation from the judgement or decision given by a court of the second instance and ending the proceedings in the case;
- time-limit to make a demand for serving of the ruling pronounced in the second instance is one week from the announcement of the conclusion of the judgement (Article 387 § 3 CCP);
- motion for securing is examined by the court immediately but not later than within one week from its submittal. If the act provides for examination of the motion at the hearing, it should be examined not later than within one month. However, if the Act on Copyright and Neighbouring Rights provides for examination of the motion for securing the claim within three days from the day of its submittal to the court, it stipulates the same time-limit for examination of the motion to secure the evidence and motion to oblige the defendant to provide information and make available the documentation specified by the court which is relevant for the claims.
