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

Abstrakt

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of the application for registration.As a result of an amendment in 2007, this form of the exhibition priority hasbeen repealed and nowadays exhibitors cannot claim an exhibition priority on publicexhibitions organized in Poland in registering his intangible goods.In the opinion of the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