CYBERSQUATTING
FIGHTING TACKLING CYBERSQ IN POLAND
Cybersquatters register domain names in bad faith, containing trademarks owned by a third party. Needless to say, the trademark used in the domain name is either commonly known or famous and the cybersquatter usually then off ers the domain name for sale to the rights holder at an extortionate price.
In Poland, such examples of IP infringement are not subject to separate regulations. IP infringement in e-commerce is dealt with on similar legal grounds as classic ‘off -line’ IP infringements. T e holders of rights have the same remedies available ‘online’ and ‘off -line’.
In principle, where cybersquatting is concerned, trademark owners in Poland may protect their rights mainly in civil proceedings on the grounds of:
• Trademark infringement; • Unfair competition practices; • Protection of company names; and • Copyright infringement.
Poland is a signatory to several relevant treaties which have the same legal eff ect as acts directly established by the Polish parliament. Among others, these treaties are:
• Th e Paris Convention; • Th e Madrid Agreement and Protocol; and • Th e agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Poland, as a member of the EU, is bound by all acquis communautaire including the Council Regulation (EC) No. 207/ 2009 of February 26, 2009 on the Community Trade Mark (codifi ed version).
48 Trademarks Brands and the Internet Volume 1, Issue 1
www.worldipreview.com
BACK: UATTERS
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