Limit point

GKR Legal’s Anna Gołębiowska examines a case where the Polish Supreme Court ruled on how long thelimitation period for claims in IP matters should run

Anna Gołębiowska, GKRLegal

On 18 May 2021, thePolish Supreme Court ruled that if the infringement of an EU trademark isrepetitive and it continues at the time of raising a non-pecuniary claim(including an injunctive relief), the five-year limitation period runs fromeach day on which the infringement occurs. Earlier, there had been various conceptions of how the limitations ofclaims should be calculated, particularly in cases of repetitive and continuousinfringements. In consequence, courts used different interpretations and oftendeprived brand owners of protection. Therecent ruling of the Polish Supreme Court is significant for brand ownersseeking the protection of their IP rights in Poland. Now thanks to the ruling,the issue is more precise.