The decision addresses the query of when the limitation interval begins to run with regards to claims arising from a steady (repeated) infringement of industrial property rights.
The Supreme Court docket concluded that the limitation interval for such claims needs to be calculated individually for and together with every day of an infringement. Which means that for calculating the limitation interval, an infringement lasting over time or consisting of a sequence of actions shouldn’t be thought-about a single act.
Case date: 18 Could 2021
Case quantity: III CZP 30/20
Court docket: Supreme Court docket of Poland
A full abstract of this case has been printed on Kluwer IP Legislation.