Monitor Prawniczy

no. 3/2017

Admissibility of using graphic elements in the conclusion of a judgment – an analysis based on disputes concerning infringement of intellectural proterty rights and unfair competition

Zbigniew Pinkalski
Radca prawny współpracujący z Traple Konarski Podrecki i Wspólnicy sp. j.
Abstract

The conclusion of a judgment is traditionally only verbal. However, frequently the parties need to describe their lawsuit claims with the use of images, photos or other graphic elements. This is crucial in particular in disputes concerning intellectual property rights, where the object of infringement (copyrighted work, trademark, industrial design, etc.) has a specific visual form, whose precise and unambiguous verbal description is impossible. Photos constitute a potentially desirable addition to the conclusion of a judgment in a number of other disputes, e.g. cases referring to infringement of personal rights by specific actions in a graphic form (caricatures) or infringement of the provisions of The Unfair Competition Act. That is why a question arises whether the plaintiff can describe their claim in a lawsuit with the use of graphical elements and, more importantly, whether the procedural rules allow for these images to be included in the conclusion of a judgment. This issue of a considerable practical significance has been analyzed in the article in the light of the provisions of the Code of Civil Procedure.