États-Unis d'Amérique
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
12. Article 42 also requires that parties to intellectual property enforcement proceedings must be able to be represented by counsel and must not be subject to overly burdensome requirements to appear personally. Please describe any limitations under Poland’s laws on the ability of a party in such a proceeding to be represented by independent legal counsel and any requirements imposed on the party to appear personally in a proceeding. Please cite the legal authorities providing such limitations and imposing such requirements.
The laws of Poland do not limit in any respect the right of parties to be represented by an independent attorney (Article 87 CCP). The obligation to appear personally at the hearing before the court may be imposed only in case: - the court concludes that it is necessary to better explain the state of the case (Article 216 CCP); - the court rules to prove the evidence obtained by hearing the parties, if after exhausting other evidence facts which are relevant for settlement of the case remained unexplained (Article 299 CCP). In both cases the appearance of the party may not be imposed, and failure to appear may not cause adverse effects, apart from omission of evidence from hearing the parties (Articles 302 § 1 and 304 CCP).