États-Unis d'Amérique
Moyens de faire respecter les DPI
3. Please identify any requirement that a foreign party must meet to initiate a proceeding in the courts and administrative bodies identified in answer to question 1 that is not required of a national or resident of Poland and cite the legal authorities providing for those differences.
A foreign party does not have to meet any other requirements than the ones required of a national or resident of Poland. The only difference, in case this party resides or has its seat outside Poland, is the necessity to indicate in the statement of claim an agent for delivery in Poland if it has not appointed an attorney ad litem having its seat in Poland (Article 1135 § 1 CCP) . A foreign party is given a due date to pay court fees not shorter than two months (Article 16 § 2 of the Act on Court Fees in Civil Cases). Moreover, a foreign party may be imposed, at the request of the defendant, the obligation to place a deposit to secure the costs of the lawsuit of the opposing party (Article 1119 CCP) . Deposits do not apply to foreign parties in case Polish citizens do not have such an obligation in their countries if they have a sufficient property in Poland to secure the costs or if they have been exempted from incurring court fees (Article 1120 CCP). The plaintiff does not have such an obligation in the following cases (Article 1120 CCP): - if in its country Polish citizens do not have such an obligation; - if it has in Poland a place of residence or a property sufficient to secure the costs; - if it has been granted or is entitled to exemption from paying the costs of the lawsuit; - in cases which have been submitted by the parties to jurisdiction of Polish courts. Obtaining by a foreign party of exemption from paying the costs depends on reciprocity condition. According to the requirements laid down in the Law on Inventive Activity, (Article 32(7)), Law on Trademarks (Article 51) and in the Law on the Protection of Topographies of Integrated Circuits (Article 36), foreign natural and legal persons may act, in proceedings before the Patent Office or the Boards of Appeals, only when represented by an patent agent who is a permanent resident in Poland.