Abstract

The Industrial Property Act of 30 June 2000 stipulates that the right under the industrial design registration is granted generally upon submission, without verifying whether the conditions of protection have been met. This article focuses on analysing the consequences of applying the simplified procedure for the effectiveness of the right under registration in selected aspects, namely:

1) possibility of suspending court proceedings for infringement of the right under registration by raising the plea of invalidity of the design;

2) possibility of asserting claims for infringement of the right under registration against the proprietor of a later design, and

3) the extent of licensee’s claim if the design is invalidated. It has been concluded that in each of the above instances the right under registration of an industrial design is less useful than the rights granted following full investigative procedure.