If the infringement of the right of protection for an EU trade mark is repetitive in nature and continues at the time of filing a non-pecuniary claim, including a claim to prohibit the infringement of a protection right for an EU trade mark, the five-year limitation period specified in Art. 289(1) of the IPL in connection with Art. 298 thereof runs from each day on which the infringement took place.
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Translated from the Polish by Marcin Skurzak. The headnotes are the official wording of the Court.
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Industrial Property Law of 30 June 2000, Arts. 154, 289, 296, 298; Civil Code, Art. 117(1). “Air Inlet Grilles for Passenger Cars”. IIC 53, 145–155 (2022). https://doi.org/10.1007/s40319-021-01141-y
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DOI: https://doi.org/10.1007/s40319-021-01141-y