Czy istnieje potrzeba przywrócenia instytucji pierwszeństwa z wystawienia na krajowej wystawie publicznej w polskim prawie własności przemysłowej?

Abstract

Until 2007 the exhibition priority on public national exhibitions organized in Poland recognized utility models, designs and trademarks in the Polish Law of Industrial Property. An exhibitor who exhibited his products at a public exhibitions organized in Poland, could claim the priority before the Polish Patent Office in the case of registering his intangible goods (such as trademarks, utility models and designs). With the priority certificate so issued, the date of the exhibition counted as the date of submission of the application for registration. As a result of an amendment in 2007, this form of the exhibition priority has been repealed and nowadays exhibitors cannot claim an exhibition priority on public exhibitions organized in Poland in registering his intangible goods. In the opinion of the authors the amendment repealing the exhibition priority was not justified. The authors consider that the exhibition priority could be an useful tool not only for exhibitors willing to register their products but also for the Polish organizers of the exhibitions to attract exhibitors, patent attorneys and lawyers. The German Industrial Property law in which the exhibition priority is recognized provides a good example thereof.