Estados Unidos de América
Polonia
Observancia de los derechos de propiedad intelectual
8. Article 41.3 of the TRIPS Agreement requires that decisions on the merits of a case preferably be in writing, the better to determine the reasoning on which the decision is based. Please state, with regard to each type of court and administrative body identified in question 1, whether judges or administrative officials must render their decisions in writing and cite the legal authorities requiring such written opinions.
All decisions of Polish courts must be prepared in writing. Such obligation is specified in Article 324 § 1 CCP with respect to judgements and Article 361 with respect to decisions. The contents of decisions are specified in Article 325 CCP. Written justification of a judgement is prepared at the party's request, submitted within a week's time from the day of announcing the conclusion of the judgement, and in case of absence at the hearing of the party deprived of liberty - from the day of serving the conclusion of the judgement. The court prepares justification of also in the situation when the judgement was appealed against in the statutory time-limit of three weeks from announcing the judgement (Article 328 § 1 CCP). Judgement with justification is served only to the party who demanded preparation of justification. Decisions pronounced at open sitting are justified by the court only when they are appealed against and only at the party's request submitted within a week's time from the day of pronouncing the decision. These decisions are only served to this party who demanded preparation of justification and serving of the decision with justification. Decisions reached at closed sitting are served ex officio by the court to both parties. In case the party is entitled to means of appeal, the decision should be served with justification. while serving the decision one should instruct the party appearing in the case without a attorney or legal advisor of admissibility, time-limit and form of lodging means of appeal (Article 157 § 1 and 2 CCP). The justification referred to in the preceding paragraphs, should be prepared within a week from pronouncing the decision at closed sitting. If the decision was taken at open sitting, the week's period is counted from the day on which its serving was demanded, and in case there was no such demand - from the day of lodging a complaint. The court of the second instance justifies the judgement and decision ending the proceedings in the case (Article 387 § 1 CCP). Justification should be prepared within two weeks' time from the day of announcing the conclusion of the ruling. If the ruling was not announced, this period is counted from the day of pronouncing the ruling. The ruling with justification is served to the party who within a week's time from announcing the conclusion demanded its serving. If the ruling was not announced, the ruling together with justification is served to the parties ex officio within a week from preparing the justification. If there are no special regulations concerning proceedings before the Supreme Court, to these proceedings apply respectively regulations on appeal, while the time-limit for preparing the justification of the ruling by the Supreme Court is four weeks (Article 393 CCP).