The judgment of the Voivodship Administrative Court (WSA) in the Kucharek trade mark case was reversed by the Supreme Administrative Court (NSA) case II GSK 3499/17 (issued after 21 years of proceedings) only because the WSA verdict quoted the content of the justification of the decision of the Polish Patent Office (UP RP). The NSA extended the proceedings by at least another 4 years until today, i.e. 02.01.2024. As a result, the proceedings have already lasted 25 years. The situation is developing, but on 02.01.2024 the UP RP could not be reached by telephone to ascertain whether there had already been a further ruling on the case.
Act of 30 August 2002 Law on proceedings before administrative courts
(Dz.U. z 2024 r. poz. 935 as amended)
link to provision: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20021531270/U/D20021270Lj.pdf
Article 184 Rejection of the complaint
The Supreme Administrative Court shall reject the cassation appeal if there are no justified grounds or if the appealed decision is in conformity with the law despite an erroneous statement of reasons.
