États-Unis d'Amérique
Moyens de faire respecter les DPI
4. Articles 41.1 and 48 of the TRIPS Agreement require establishment of safeguards against abuse of judicial and administrative enforcement procedures, including provision for adequate compensation for injury suffered because of such abuse. Please describe the means available under the law of Poland to prevent abuse of judicial and administrative procedures or to remedy damages suffered as a result of such abuse and cite the legal authorities for those means.
Safeguards against abuse of judicial enforcement procedures under the laws of Poland, provided for in Articles 41.1 and 48 of the TRIPS Agreement, are covered by the following institutions: A party against whom the claim has been dismissed (sued unjustly) has the right to be refunded the costs of the lawsuit. The costs of the lawsuit are refunded at the request of the entitled party. The costs of the lawsuit of the party represented by a attorney include remuneration and expenses of one attorney, court fees and costs of the party's appearance in person ordered by the court (Article 98 § 3 CCP). The costs of the lawsuit are adjudicated regardless of the adjudicated compensation. If the party sued unjustly suffered injury as a result of an ungrounded action being instituted against him, it will have the right to vindicate its remedy. The basis for the claim will be Article 415 of the Civil Code. Institution of an ungrounded action shall be treated as an action caused by the plaintiff's fault. The principle of full amount of the injury is used to determine the amount of compensation (Article 361 of the Civil Code), namely: - real losses including diminishment of the property suffered by the injured party, - lost benefits which it could have gained if it had not suffered the injury. This liability covers only standard (i.e. being in a standard causative relation) effects of action or negligence on part of the party causing the injury. If at the plaintiff's request means of securing the claim have been used unjustly, and the court collected a deposit (Article 739 CCP) the defendant shall have the priority to have its claim satisfied from this deposit. The amount of the deposit is determined by the court prior to giving a ruling securing the claim, taking into consideration the amount of any possible injury that may be suffered by the party against whom the safeguard is used. In cases on protection of certain categories of intellectual property will apply also special regulations contained in the Act of 16 April 1993 on counteracting unfair competition (Journal of Laws No. 47, item 211). In accordance with Article 22 § 1 of the above-mentioned Act in case of instituting an obviously ungrounded action concerning unfair competition, the court at the request of the defendant, may order the plaintiff to submit a single or reiterated declaration of appropriate contents and appropriate form.