Estados Unidos de América

Polonia

Observancia de los derechos de propiedad intelectual

Procedimientos y recursos civiles y administrativos

18. Article 44.1 requires that judicial and administrative officials be able to enjoin or otherwise prevent infringing activity by a party, including by preventing the entry of infringing goods into the channels of commerce in their jurisdiction. Please describe authority of the judges and administrative officials identified in question 1 to order parties to stop infringements and to prevent infringing goods from entering the channels of commerce in their jurisdiction immediately after clearance of such goods through customs. In addition, please cite the legal authorities authorizing such actions.

Under the laws of Poland courts may prohibit any activity infringing copyright the moment there is a danger of such infringement (Article 78 § 1 of the Act on Copyright and Neighbouring Rights) and after their infringement (Article 79 § 1 of the Act) abandonment of rights resulting from the registration of trademark (Article 20 § 1 of the Law on Trademarks of 30 January 1985) (Journal of Laws No 5, item 17). This law includes also preventing the entry of goods infringing intellectual property rights subject to customs clearance, immediately after the end of these proceedings.