Patent case: Resolution, Poland

The resolution addresses the question of when the limitation period starts to run when it comes to claims arising from a continuous (repeated) infringement of industrial property rights.

The Supreme Court concluded that the limitation period for such claims should be calculated separately for and including each day of an infringement. This means that for calculating the limitation period, an infringement lasting over time or consisting of a series of actions should not be considered a single act.

Case date: 18 May 2021

Case number: III CZP 30/20

Court: Supreme Court of Poland

A full summary of this case has been published on Kluwer IP Law.