Overview of the Legal Framework

Poland’s IP system combines harmonised EU law with domestic legislation, and is mainly based on:

• Industrial Property Law — Industrial Property Law, consolidated text 2021 (Journal of Laws 2021, item 324);

• Copyright and Related Rights Act — Act of 1994 on Copyright and Related Rights, as amended;

• Act on Combating Unfair Competition — Act of 1993 on Combating Unfair Competition.

Competent authority:

• UPRP (Patent Office of the Republic of Poland, Urząd Patentowy RP).

Poland is an EU member state and a contracting party to WIPO, EPO, the PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS.

International Cooperation and Regional Integration

• Poland is a member of EU, EPO, WIPO, PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS;

• National registration systems complement the EUIPO unified system (EUTM / RCD);

• UPRP cooperates with EPO and EUIPO through data sharing, common tools and examination projects;

• Poland is implementing the national IP development strategy “Poland IP Strategy 2030” to promote innovation and digital IP services.

Trademark System

Filing Routes

• National applications can be filed directly with UPRP for protection in Poland;

• EU trade marks may be obtained via the EUIPO: an EUTM automatically extends protection to Poland;

• International registrations may designate Poland through the Madrid System (Madrid Protocol).

Classification

• Poland applies the Nice Classification;

• Both single-class and multi-class applications are allowed.

Examination Procedure

• Formal examination: approximately 1–2 months;

• Substantive examination: approximately 6–9 months;

• Opposition period: third parties may file oppositions within 3 months from the publication date.

Use and Renewal

• Registration term: 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may lead to revocation.

Examination Features

• Examination language is Polish;

• Substantive examination focuses on distinctiveness, likelihood of confusion and earlier conflicting rights;

• Collective marks and certification marks are available.

Patent System

Types of Protection and Term

• Patent: 20 years from the filing date;

• Utility model: 10 years from the filing date.

Examination Mechanism

• Invention patents are subject to a substantive examination system;

• The request for substantive examination must be filed within 3 years from the filing date;

• Average examination time is around 2–4 years.

International Routes

• Poland is a contracting state to the European Patent Convention (EPC): European patents granted by the EPO automatically take effect in Poland upon validation;

• Poland is a PCT contracting state: international applications may enter the Polish national phase or the EPO regional phase.

Key Features

• Examination language is Polish;

• First-to-file principle applies;

• Granted patents must be maintained by payment of annual renewal fees;

• Pharmaceutical and biotechnology patents may benefit from Supplementary Protection Certificates (SPCs);

• UPRP systems are interconnected with EPO and WIPO databases.

Industrial Design Protection

Legal Basis

• Industrial Property Law, Articles 102–119 (Industrial Property Law, 2000, as amended).

Scope of Protection

• The appearance of a product, including shape, patterns, colours, ornamentation and configuration;

• Applicable to industrial and handicraft products.

Term of Protection

• 5 years from the registration date, renewable four times for further 5-year periods, up to a maximum of 25 years.

Examination Procedure

• Examination period: approximately 3–6 months;

• Examination language is Polish;

• Formal examination only; individual character and creativity are not fully assessed at the registration stage.

Key Features

• One registration is effective throughout Poland;

• Multiple designs may be combined in a single application, subject to the applicable requirements;

• Poland is a contracting state of the Hague Agreement, and may be designated in international design registrations.