États-Unis d'Amérique
Moyens de faire respecter les DPI
Procédures et mesures correctives civiles et administratives
13. Under Article 42, parties are to be entitled to substantiate claims and present relevant evidence. Please describe any limitations under the law of Poland on a partys ability to substantiate a claim or to present relevant evidence and cite the legal authority providing such limitations.
The laws of Poland do not limit the parties in supporting their claims and putting forward motions as to evidence (Article 217 CCP). However, the court will omit the evidence, if controversial circumstances have already been substantiated or if a party brings forward evidence only to cause delay (Article 217 § 2 CCP) and besides the court is not obliged to conclude evidence in the appeal proceedings (of the second instance) if a party does not prove that it could not use it in the proceedings before a court of the first instance or if the need to conclude it appeared later (Article 381 CCP: "A court of the second instance may omit new facts and evidence, if a part could bring it forward in the proceedings before a court of the first instance, unless the need to base on it arose later."). Parties may also in the course of the proceedings present to the court legal bases for their demands and motions (Article 210 § 1 CCP).