A cassation appeal filed by an inventor claiming compensation – resolution adopted by the Polish Supreme Court
The Polish Supreme Court, adjudicating as an extended panel, stated in a resolution adopted today (case no. III PZP 8/15) that in a case relating to a lawsuit brought by the author of an invention for remuneration for use of their invention, the question of whether a cassation appeal is possible is determined by the value in litigation provided for employment law cases. The grounds for this ruling can be found in art. 398(2) § 1 of the Polish Code of Civil Procedure (text: ISAP) in conjunction with art. 294 of the Act of 30 June 2000 on Intellectual Property (text: ISAP).
The resolution was ruled legally effective, which in practice means that it is binding for the Polish Supreme Court not only in the case in which it was adopted but also in other cases of the same type.
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