Estados Unidos de América

Polonia

Observancia de los derechos de propiedad intelectual

10. Article 41.4 obligates WTO Members to provide for judicial review of certain judicial and administrative decisions in intellectual property enforcement proceedings. Please describe what legal limitations, if any, are placed upon the ability of a party to an intellectual property enforcement proceeding to have both procedural rulings and final decisions reviewed by a separate judicial authority, and cite the legal authorities providing for such reviews.

Polish judicial procedure does not allow the possibility of excluding admissibility of lodging an appeal against the judgement of a court of the first instance to another, separate judicial authority (Article 367 § 1 CCP: One is entitled to appeal against the judgement of a court of the first instance to a court of the second instance. § 2: Appeal against the judgement of a district court is reviewed by a voievodship court, and appeal against the judgement of a voievodship court as the court of the first instance - by a court of appeal).