{"id":148422,"date":"2026-09-09T11:09:20","date_gmt":"2026-09-09T11:09:20","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=148422"},"modified":"2026-09-09T12:32:56","modified_gmt":"2026-09-09T12:32:56","slug":"poland-intellectual-property","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/poland-intellectual-property\/","title":{"rendered":"Poland: Intellectual Property"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-148422","comparative_guide","type-comparative_guide","status-publish","hentry","guides-intellectual-property","jurisdictions-poland"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Osborne Clarke LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/Osborne_Clarke.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Osborne Clarke LLP<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2019\/07\/Osborne_Clarke.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Intellectual Property laws and regulations applicable in Poland<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What different types of intellectual property rights exist to protect: (a) Inventions (e.g. patents, supplementary protection certificates, rights in trade secrets, confidential information and\/or know-how); (b) Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees); (c) Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and\/or know-how).<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Inventions: Polish law provides the following forms of protection for inventions and related subject matter.<\/strong><\/p>\n<p><strong>A patent<\/strong> grants the exclusive right to exploit an invention commercially for a specified period. Patents are governed by the Act of 30 June 2000 on Industrial Property Law (&#8220;<strong>IPL<\/strong>&#8220;) and are granted, regardless of the field of technology, for inventions that are new, involve an inventive step and are susceptible of industrial application (Article 24 IPL). An invention is considered new if it does not form part of the state of the art, and is considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.<\/p>\n<p><strong>An additional patent <\/strong>is a special type of dependent patent closely linked to the main patent, which lapses together with it. It may be granted for an improvement or supplement to the invention which possesses the characteristics of an invention but cannot be independently exploited. An additional patent may also be obtained for an already granted additional patent (Article 30 IPL).<\/p>\n<p><strong>A supplementary protection certificate (SPC)<\/strong> provides legal protection for specific products manufactured in accordance with a patented invention after the expiry of patent protection. SPCs are granted under the conditions set out in the EU regulations establishing supplementary protection certificates for medicinal products and plant protection products (Articles 75\u00b9\u201375\u00b9\u2070 IPL). The duration of the certificate may not exceed 5 years from the date on which it takes effect, extended by 6 months in the case of a paediatric extension.<\/p>\n<p><strong>A utility model<\/strong> is a new and industrially applicable technical solution relating to the shape or construction of a durable object or of an object consisting of functionally interconnected parts of a durable form. By obtaining a right of protection, the holder acquires the exclusive right to exploit the utility model commercially or professionally throughout Poland (Articles 94\u2013101 IPL).<\/p>\n<p><strong>Trade secrets and know-how<\/strong> are protected under the Act on Combating Unfair Competition (&#8220;<strong>ACUC<\/strong>&#8220;) and therefore are not intellectual property rights in the strict sense. A trade secret comprises technical, technological and organisational information of an enterprise, or other information of economic value, which is not generally known to or readily accessible by persons who normally deal with that type of information, provided that the entitled party has taken reasonable steps to maintain its confidentiality (Article 11 ACUC).<\/p>\n<p><strong>(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Brands (e.g. trade marks, cause of action in passing off, rights to prevent unfair competition, association marks, certification marks, hallmarks, designations of origin, geographical indications, traditional speciality guarantees);<\/strong><\/p>\n<p><strong>A right of protection for a trade mark<\/strong> grants the exclusive right to use the trade mark for the period and under the conditions specified in the IPL (Article 121 IPL). A trade mark may consist of any sign capable of distinguishing the goods of one undertaking from those of another, provided that it can be represented in the register in a manner enabling the competent authorities and the public to determine the clear and precise subject matter of the protection afforded. Registration is possible before the Polish Patent Office (PPO), the EUIPO (EUTM) or through the Madrid Protocol.<\/p>\n<p><strong>A collective trade mark<\/strong> is a special type of mark, described as such at the time of filing, indicating that the goods or services bearing the mark originate from members of an association rather than from a single commercial entity.<\/p>\n<p><strong>A certification trade mark<\/strong> is intended to distinguish goods which have been certified by the proprietor of the mark, in particular as regards the material used, the method of production, quality, precision or other characteristics, from goods which have not been so certified.<\/p>\n<p><strong>A geographical indication<\/strong> is a word sign referring directly or indirectly to the name of a place, locality, region or country, which identifies a product as originating from that area where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin. Geographical indications are classified into two categories: a regional name, which refers to products whose quality results from the geographical environment (natural factors combined with human factors), and a designation of origin, which refers to products whose characteristics are attributable to the place of origin without the involvement of a human factor.<\/p>\n<p><strong>A Traditional Speciality Guaranteed (TSG)<\/strong> denotes a product which possesses a specific character distinguishing it from similar products belonging to the same category and has a documented tradition and history of production of at least 30 years. Currently, 11 Polish agricultural products and foodstuffs are registered as TSGs.<\/p>\n<p>An unregistered sign is protected under the ACUC, in particular Articles 3 and 5\u201310. Pursuant to Article 10 of the ACUC consists of designating goods or services, or the absence of such designation, in a manner which may mislead customers as to the origin, quantity, quality, ingredients, method of manufacture, suitability, applicability, repair, maintenance or other material characteristics of the goods or services, as well as concealing the risk associated with their use.<\/p>\n<p><strong>(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Other creations, technology and proprietary interests (e.g. copyright, design rights, semiconductor topography rights, plant varieties, database rights, rights in trade secrets, confidential information and\/or know-how).<\/strong><\/p>\n<p>Copyright is regulated by the Act of 4 February 1994 on Copyright and Related Rights (&#8220;<strong>CRA<\/strong>&#8220;). The subject matter of copyright is any manifestation of creative activity of an individual nature, fixed in any form, regardless of its value, purpose or manner of expression (a work). Moral rights protect the author&#8217;s personal bond with the work, are unlimited in time and may not be assigned or waived. The author has the exclusive right to use and dispose of the work in all fields of exploitation and to receive remuneration for the use of the work (economic copyrights).<\/p>\n<p>An industrial design is a new appearance of a product or its part, possessing individual character, conferred on it in particular by the features of lines, contours, shapes, colours, texture or material of the product and by its ornamentation. A right in registration is granted for an industrial design. This category is intended to protect the external appearance of any industrial or handicraft product (excluding computer programs), including two-dimensional products such as labels, graphic patterns, logos or ornamentation.<\/p>\n<p>A topography of an integrated circuit is a solution consisting of a three-dimensional disposition, expressed in any manner, of elements (at least one of which is an active element) and of all or some of the interconnections of an integrated circuit. A right in registration is granted for a topography. Such right may not be granted if more than 15 years have elapsed since the creation and fixation of the topography in any form and it has not been commercially exploited.<\/p>\n<p>Plant varieties are excluded from patentability (Article 29(1)(2) IPL) and are protected under the Act on the Legal Protection of Plant Varieties.<\/p>\n<p>Databases are protected in two ways: collections, anthologies, selections and databases which meet the criteria of a work are subject to copyright protection, and independently they are covered by a separate Act on the Protection of Databases.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the duration of each of these intellectual property rights? What procedures exist to extend the life of registered rights in appropriate circumstances?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><table width=\"447\">\n<thead>\n<tr>\n<td><strong>Right<\/strong><\/td>\n<td><strong>Duration<\/strong><\/td>\n<td><strong>Renewals \/ extensions<\/strong><\/td>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Patent<\/td>\n<td>20 years from the filing date<\/td>\n<td>No renewals; extension possible through an SPC (up to 5 years)<\/td>\n<\/tr>\n<tr>\n<td>Right of protection for a utility model<\/td>\n<td>10 years from the filing date<\/td>\n<td>No renewals<\/td>\n<\/tr>\n<tr>\n<td>Right in registration of an industrial design<\/td>\n<td>Up to 25 years from the filing date (5 periods of 5 years each)<\/td>\n<td>Renewable upon payment of the prescribed fee<\/td>\n<\/tr>\n<tr>\n<td>Trade mark (right of protection)<\/td>\n<td>10 years from the filing date<\/td>\n<td>Unlimited renewals for successive 10-year periods upon payment of the prescribed fee<\/td>\n<\/tr>\n<tr>\n<td>Right in registration of a geographical indication<\/td>\n<td>Indefinite<\/td>\n<td>No renewals<\/td>\n<\/tr>\n<tr>\n<td>Right in registration of a topography of an integrated circuit<\/td>\n<td>10 years from the first commercial exploitation or the filing date, whichever is earlier<\/td>\n<td>No renewals<\/td>\n<\/tr>\n<tr>\n<td>Economic copyrights<\/td>\n<td>70 years from the death of the author<\/td>\n<td>\u2013<\/td>\n<\/tr>\n<tr>\n<td>Related rights<\/td>\n<td>25\u201370 years (depending on the type of right, in accordance with the CRA)<\/td>\n<td>\u2013<\/td>\n<\/tr>\n<tr>\n<td>Trade secret<\/td>\n<td>No statutory time limit<\/td>\n<td>Subsists for as long as the conditions for trade secret protection are met<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who is the first owner of each of these intellectual property rights and is this different for rights created in the course of employment or under a commission?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, the first owner of an intellectual property right is the creator of the subject matter in question. In the case of co-creators, they are joint owners (Article 11 IPL). Patents, supplementary protection certificates (SPCs), rights of protection for utility models, rights in registration of industrial designs and rights in registration of topographies of integrated circuits: the first owner is the applicant. In the course of employment or under a commission, the first owner is the employer or the commissioning party, unless the parties have agreed otherwise.<\/p>\n<p><strong>Rights of protection for trade marks:<\/strong> the first owner is the person who first files the application (first-to-file system). There is no distinction based on employment or commission.<\/p>\n<p><strong>Rights in registration of geographical indications:<\/strong> the first owner is the organisation representing producers from the relevant geographical area. This right is non-transferable and inseparably linked to the area and the authorised producers.<\/p>\n<p><strong>Economic copyright:<\/strong> the first owner is the author (Article 8 CRA). In the course of employment, the employer becomes the owner of economic copyrights, however only upon acceptance of the work and solely within the scope resulting from the purpose of the employment contract and the common intention of the parties (Article 12 CRA). Moral rights are inalienable and always remain with the author, regardless of any transfer of economic copyrights.<\/p>\n<p><strong>Economic copyrights in a computer program: <\/strong>by way of exception, the first owner of economic copyrights is the employer, unless the contract provides otherwise (Article 74(3) CRA).<\/p>\n<p><strong>Related rights:<\/strong> the first owner depends on the type of right. In the case of artistic performances, the first owner is the performer. In the case of phonograms and videograms, the first owner is the producer. In the case of broadcasts, the first owner is the broadcasting organisation (CRA).<\/p>\n<p><strong>Plant varieties<\/strong>: the first owner of the exclusive right to a plant variety is the breeder, i.e. the person who bred or discovered and developed the variety, or the breeder&#8217;s legal successor (Act on the Legal Protection of Plant Varieties).<\/p>\n<p><strong>Databases: <\/strong>where a database constitutes a work, the first owner of copyright is the author. The sui generis database right vests in the maker of the database, i.e. the person who bears the risk of investment in the obtaining, verification or presentation of the contents of the database (Act on the Protection of Databases).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which of the intellectual property rights described in section A are registered rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish law distinguishes between intellectual property rights that require registration and those that arise automatically or are protected without the need for registration.<\/p>\n<p><strong>Rights requiring registration:<\/strong><\/p>\n<p>Patents, rights of protection for utility models, SPCs, rights of protection for trade marks, rights in registration of geographical indications, rights in registration of industrial designs and rights in registration of topographies of integrated circuits are registered by the Polish Patent Office (PPO). Exclusive rights to plant varieties are registered by the Research Centre for Cultivar Testing (&#8220;<strong>COBORU<\/strong>&#8220;) under the Act on the Legal Protection of Plant Varieties.<\/p>\n<p><strong>Rights not requiring registration:<\/strong><\/p>\n<p>Copyright and related rights arise automatically upon creation or fixation and do not require registration. Unregistered signs are protected under the ACUC without the need for registration. The sui generis database right arises automatically upon completion of a qualifying investment and does not require registration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can apply for registration of these intellectual property rights and, briefly, what is the procedure for registration?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, applications for the grant of industrial property rights are filed with the Polish Patent Office (PPO). The procedure typically involves the filing of an application containing the prescribed particulars, examination by the PPO, and \u2013 upon a positive outcome and payment of the prescribed fee \u2013 the issuance of a decision granting the right and its entry in the relevant register.<\/p>\n<p><strong>Patents: <\/strong>An application may be filed by the creator of the invention, co-creators jointly, the employer or the commissioning party (where the invention was made in the course of employment or under a commission), as well as the legal successor of any of the foregoing. Where the applicant is not the creator, the applicant shall indicate the creator and the legal basis of the applicant&#8217;s right in the application. The application shall contain a request, a description of the invention, patent claims and an abstract. The PPO examines whether the statutory conditions of patentability are satisfied. The application is published after 18 months from the priority date; upon request, the applicant may apply for earlier publication within 12 months from the priority date. Following a positive outcome of the examination and payment of the prescribed fee, the PPO issues a decision granting the patent and enters it in the patent register.<\/p>\n<p><strong>Right of protection for a utility model:<\/strong> The rules on entitled applicants are the same as for patents (the creator, co-creators jointly, the employer or the commissioning party, or their legal successors). The application shall contain a description of the utility model specifying its industrial application, drawings showing the essential technical features of the model, and shall cover only one solution and include one independent protective claim. The PPO examines the application and, upon a positive outcome and payment of the prescribed fee, issues a decision granting the right of protection and enters it in the register of utility models.<\/p>\n<p><strong>Right in registration of an industrial design:<\/strong> The rules on entitled applicants are the same as for patents. The application shall contain a request including at least the identification of the applicant, a specification of the subject matter of the application, a request for the grant of a right in registration, and an illustration of the industrial design. The PPO examines the application and, upon finding no obstacles, grants the right upon payment of the fee for the first period of protection and enters it in the register of industrial designs.<\/p>\n<p><strong>Right of protection for a trade mark:<\/strong> Any natural person, legal person or organisational unit with legal capacity may apply for registration. The application shall specify the trade mark and indicate the goods for which the mark is intended. Where the PPO finds no absolute grounds for refusal, it publishes the application in the Patent Office Bulletin. Third parties may file an opposition within 3 months from the date of publication. If no opposition is filed or the opposition is dismissed, the PPO issues a decision granting the right of protection. Registration is also possible through the EUIPO (EU trade mark, EUTM) or through the WIPO Madrid Protocol designating Poland.<\/p>\n<p><strong>Right in registration of a geographical indication: <\/strong>An application may be filed by an organisation authorised to represent the interests of producers operating in the relevant area, or by the competent governmental or local authority. The application shall contain a precise specification of the geographical indication, an indication of the goods for which it is intended, a precise delineation of the boundaries of the area to which it relates, a description of the particular characteristics or properties of the goods, the conditions for use of the geographical indication, and an indication of the entrepreneurs who use or will use the indication. The PPO examines the application and, upon finding it correct, issues a decision granting the right and enters it in the register of geographical indications.<\/p>\n<p><strong>Right in registration of a topography of an integrated circuit:<\/strong> An application may be filed by the creator, the creator&#8217;s legal successor, or a person with whom the creator is bound by an employment relationship or another contract, or who provided the creator with assistance in creating the topography. The application shall contain a request, material identifying the topography with the data necessary for its unambiguous determination, and a declaration concerning the date of first commercial exploitation of the topography, if it took place before the filing. The PPO examines the application and, upon finding no obstacles and receipt of the prescribed fee, issues a decision granting the right and enters it in the register of topographies of integrated circuits.<\/p>\n<p><strong>Supplementary protection certificate (SPC):<\/strong> An application for an SPC may be filed by the holder of the basic patent. The application shall be filed with the PPO within 6 months from the date on which the first marketing authorisation was granted, or within 6 months from the date on which the patent was granted, whichever is later. The PPO examines the application and, upon finding the statutory conditions satisfied, issues a decision granting the certificate.<\/p>\n<p><strong>Plant varieties<\/strong>: An application for the grant of an exclusive right to a plant variety may be filed by the breeder, i.e. the person who bred or discovered and developed the variety, or the breeder&#8217;s legal successor. The application is filed with the COBORU. COBORU conducts an examination of the variety, including tests for distinctness, uniformity and stability (DUS), and upon a positive outcome issues a decision granting the exclusive right (Act on the Legal Protection of Plant Varieties).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does the registration procedure usually take?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><table style=\"font-size: 1rem\">\n<tbody>\n<tr>\n<td>IP right<\/td>\n<td width=\"325\">Estimated timeframe<\/td>\n<\/tr>\n<tr>\n<td>Patent<\/td>\n<td width=\"325\">Approx. 3 years<\/td>\n<\/tr>\n<tr>\n<td>Right of protection for a utility model<\/td>\n<td width=\"325\">Approx. 2 years<\/td>\n<\/tr>\n<tr>\n<td>Right in registration of an industrial design<\/td>\n<td width=\"325\">Approx. 6 months<\/td>\n<\/tr>\n<tr>\n<td>Right of protection for a trade mark<\/td>\n<td width=\"325\">Approx. 6 months (where no opposition is filed)<\/td>\n<\/tr>\n<tr>\n<td>Right in registration of a topography<\/td>\n<td width=\"325\">Approx. 4 months<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>&nbsp;<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do third parties have the right to take part in or comment on the registration process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish law provides for third-party participation in the registration process primarily in relation to trade marks (opposition procedure) and, to a limited extent, patents (third-party observations). For the remaining registered rights, no pre-registration opposition or observation procedure is available; however, post-grant challenges are possible in certain cases. The specific rules for each right are set out below.<\/p>\n<p><strong>Trade marks:<\/strong> Yes. An opposition may be filed against a trade mark application published by the PPO. The opposition must be submitted to the PPO in writing within 3 months from the date of publication of the contested trade mark application in the Polish Patent Office Bulletin. An opposition may be filed by the proprietor of an earlier trade mark, the holder of an earlier personal or property right, or a person entitled to exercise rights arising from a protected designation of origin or a protected geographical indication.<\/p>\n<p><strong>Patents:<\/strong> To a limited extent. From the date of publication of the patent application, third parties may inspect the application documents at the PPO. Such persons may, until a decision on the grant of the patent is issued, submit observations to the PPO regarding the existence of circumstances precluding the grant (Article 44(1) IPL). However, third-party observations do not confer party status in the proceedings.<\/p>\n<p><strong>Industrial designs and utility models:<\/strong> No. There is no opposition procedure prior to registration. The validity of a granted right may only be challenged after registration by way of an application for invalidation.<\/p>\n<p><strong>Topographies: <\/strong>No. There is no opposition or observation procedure prior to registration. The validity of a granted right may only be challenged after registration by way of an application for invalidation.<\/p>\n<p>In addition, any person may file a reasoned opposition against a final decision of the PPO granting a patent, a right of protection for a utility model or a right in registration, within 6 months from the date of publication of the information on the grant of the right in the Polish Patent Office Bulletin. Supplementary protection certificates (SPCs): No separate opposition procedure is provided; however, the validity of an SPC may be challenged after its grant. Geographical indications: No opposition procedure prior to registration is provided under the IPL. Plant varieties: No opposition procedure prior to registration is provided under the Act on the Legal Protection of Plant Varieties; however, third parties may submit observations to COBORU during the examination of the variety.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What (if any) steps can the applicant take if registration is refused?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where registration is refused, Polish law provides a two-stage system of remedies: first, a request for re-examination of the case before the PPO and, second, judicial review before the administrative courts. In addition, specific rules apply to decisions of COBORU concerning plant varieties and to EU trade marks registered through the EUIPO. The rules applicable to each stage are set out below.<\/p>\n<p>Re-examination before the PPO (Articles 244\u2013249 IPL): A party may file a request for re-examination of the case against decisions and orders of the PPO issued under the IPL. The request is subject to a prescribed fee.<\/p>\n<p>The time limit for filing a request for re-examination is 2 months from the date of service of a decision and 1 month from the date of service of an order (Article 244(1) IPL).<\/p>\n<p>The request for re-examination must be substantiated. The applicant is required to set out the arguments specifying the reasons for which, in the party&#8217;s view, the PPO&#8217;s ruling should be considered defective. Where the time limit for filing the request has been missed, the party may apply for reinstatement of the time limit under Article 243 IPL.<\/p>\n<p>Judicial review (Article 250 IPL): Upon exhaustion of the re-examination procedure, a party may file a complaint against the decision or order of the PPO with the Voivodeship Administrative Court in Warsaw. A further cassation appeal lies to the Supreme Administrative Court. Filing a request for re-examination is a prerequisite for bringing a complaint before the administrative court.<\/p>\n<p>Plant varieties: A party dissatisfied with a decision of COBORU may file an appeal to the minister competent for agriculture. A further complaint against the minister&#8217;s decision may be filed with the competent administrative court (Act on the Legal Protection of Plant Varieties).<\/p>\n<p>EU trade marks (EUTM): Where registration of an EU trade mark is refused by the EUIPO, the applicant may file an appeal before the Boards of Appeal of the EUIPO. A further action against the decision of the Board of Appeal may be brought before the General Court of the European Union.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the current application and renewal fees for each of these intellectual property rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The fees set out below are denominated in Polish zloty (PLN). For reference, the approximate exchange rate as at the date of this guide is EUR 1 = PLN 4.30. Fees in proceedings before the PPO are charged pursuant to the Regulation of the Council of Ministers of 29 August 2001 on fees related to the protection of inventions, utility models, industrial designs, trade marks, geographical indications and topographies of integrated circuits (Journal of Laws No. 90, item 1000), as amended by the Regulation of 8 September 2016, which entered into force on 14 October 2016. Fees for the protection of plant varieties are charged separately by COBORU under the Act on the Legal Protection of Plant Varieties and the relevant implementing regulations.<\/p>\n<p>The PPO charges fees, in accordance with the applicable schedule of fees, at two stages of proceedings:<\/p>\n<ul>\n<li>at the filing stage (one-off fees, payable before the decision granting the right is issued);<\/li>\n<li>for subsequent periods of protection (periodic fees, payable after the decision granting the right is issued).<\/li>\n<\/ul>\n<p>Schedule of fees related to the protection of inventions and utility models<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"33\"><strong>I<\/strong><\/td>\n<td width=\"437\"><strong>One-off fees<\/strong><\/td>\n<td width=\"123\"><\/td>\n<\/tr>\n<tr>\n<td rowspan=\"3\" width=\"33\">1<\/td>\n<td width=\"437\">For filing an invention or utility model application<\/td>\n<td width=\"123\">550 PLN (~128 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">for each page in excess of 20 pages of description, claims and drawings<\/td>\n<td width=\"123\">25 PLN (~6 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">For a declaration of priority, per priority claimed<\/td>\n<td width=\"123\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td rowspan=\"3\" width=\"33\">2<\/td>\n<td width=\"437\">For electronic filing of an invention or utility model application<\/td>\n<td width=\"123\">500 PLN (~116 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">for each page in excess of 20 pages of description, claims and drawings<\/td>\n<td width=\"123\">25 PLN (~6 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">For a declaration of priority, per priority claimed<\/td>\n<td width=\"123\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">3<\/td>\n<td width=\"437\">For transmittal (PCT application<sup>)<\/sup><\/td>\n<td width=\"123\">300 PLN (~70 EUR)<\/td>\n<\/tr>\n<tr>\n<td rowspan=\"4\" width=\"33\">4<\/td>\n<td width=\"437\">National fee (PCT application<sup>)<\/sup>:<\/td>\n<td width=\"123\"><\/td>\n<\/tr>\n<tr>\n<td width=\"437\">where no preliminary examination was conducted<\/td>\n<td width=\"123\">550 PLN (~128 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">where preliminary examination was conducted<\/td>\n<td width=\"123\">350 PLN (~81 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"437\">for each additional page in excess of 20 pages of translation of description, claims and drawings)<\/td>\n<td width=\"123\">25 PLN (~6 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\"><\/td>\n<td width=\"437\">For a declaration of priority, per<\/p>\n<p>priority claimed<\/td>\n<td width=\"123\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\"><strong>II<\/strong><\/td>\n<td width=\"437\"><strong>Periodic fees<\/strong><\/td>\n<td width=\"123\"><\/td>\n<\/tr>\n<tr>\n<td width=\"33\">1<\/td>\n<td width=\"437\">For the first period of protection of an invention covering the 1st, 2nd and 3rd year of protection<\/td>\n<td width=\"123\">480 PLN (~112 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">2<\/td>\n<td width=\"437\">For the 4th year of protection of an invention<\/td>\n<td width=\"123\">250 PLN (~58 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">3<\/td>\n<td width=\"437\">For the 5th year of protection of an invention<\/td>\n<td width=\"123\">300 PLN (~70 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">4<\/td>\n<td width=\"437\">For the 6th year of protection of an invention<\/td>\n<td width=\"123\">350 PLN (~81 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">5<\/td>\n<td width=\"437\">For the 7th year of protection of an invention<\/td>\n<td width=\"123\">400 PLN (~93 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">6<\/td>\n<td width=\"437\">For the 8th year of protection of an invention<\/td>\n<td width=\"123\">450 PLN (~105 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">7<\/td>\n<td width=\"437\">For the 9th year of protection of an invention<\/td>\n<td width=\"123\">550 PLN (~128 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">8<\/td>\n<td width=\"437\">For the 10th year of protection of an invention<\/td>\n<td width=\"123\">650 PLN (~151 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">9<\/td>\n<td width=\"437\">For the 11th year of protection of an invention<\/td>\n<td width=\"123\">750 PLN (~174 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">10<\/td>\n<td width=\"437\">For the 12th year of protection of an invention<\/td>\n<td width=\"123\">800 PLN (~186 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">11<\/td>\n<td width=\"437\">For the 13th year of protection of an invention<\/td>\n<td width=\"123\">900 PLN (~209 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">12<\/td>\n<td width=\"437\">For the 14th year of protection of an invention<\/td>\n<td width=\"123\">950 PLN (221 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">13<\/td>\n<td width=\"437\">For the 15th year of protection of an invention<\/td>\n<td width=\"123\">1050 PLN (~244 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">14<\/td>\n<td width=\"437\">For the 16th year of protection of an invention<\/td>\n<td width=\"123\">1150 PLN (~267 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">15<\/td>\n<td width=\"437\">For the 17th year of protection of an invention<\/td>\n<td width=\"123\">1250 PLN (~291 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">16<\/td>\n<td width=\"437\">For the 18th year of protection of an invention<\/td>\n<td width=\"123\">1350 PLN (~314 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">17<\/td>\n<td width=\"437\">For the 19th year of protection of an invention<\/td>\n<td width=\"123\">1450 PLN (~337 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">18<\/td>\n<td width=\"437\">For the 20th year of protection of an invention<\/td>\n<td width=\"123\">1550 PLN (~360 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">19<\/td>\n<td width=\"437\">For protection of an invention which is the subject of an additional patent<\/td>\n<td width=\"123\">1500 PLN (~349 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">20<\/td>\n<td width=\"437\">For each commenced year of protection of an invention for which a supplementary protection certificate has been granted<\/td>\n<td width=\"123\">6000 PLN (~1395 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">21<\/td>\n<td width=\"437\">For the first period of protection of a utility model covering the 1st, 2nd and 3rd year of protection<\/td>\n<td width=\"123\">250 PLN (~58 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">22<\/td>\n<td width=\"437\">For the second period of protection of a utility model covering the 4th and 5th year of protection<\/td>\n<td width=\"123\">300 PLN (~70 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">23<\/td>\n<td width=\"437\">For the third period of protection of a utility model covering the 6th, 7th and 8th year of protection<\/td>\n<td width=\"123\">900 PLN (~209 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"33\">24<\/td>\n<td width=\"437\">For the fourth period of protection of a utility model covering the 9th and 10th year of protection<\/td>\n<td width=\"123\">1100 PLN (~256 EUR)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Schedule of fees related to the protection of industrial designs<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"34\"><strong>I<\/strong><\/td>\n<td width=\"436\"><strong>One-off fees<\/strong><\/td>\n<td width=\"123\"><\/td>\n<\/tr>\n<tr>\n<td rowspan=\"2\" width=\"34\">1<\/td>\n<td width=\"436\">For filing an industrial design application<\/p>\n<p>For a declaration of priority, per<\/td>\n<td width=\"123\">300 PLN (~70 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"436\">priority claimed<\/td>\n<td width=\"123\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\">2<\/td>\n<td width=\"436\">For transmittal of a Community industrial design application<\/td>\n<td width=\"123\">120 PLN (~28 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\"><strong>II<\/strong><\/td>\n<td width=\"436\"><strong>Periodic fees<\/strong><\/td>\n<td width=\"123\"><\/td>\n<\/tr>\n<tr>\n<td width=\"34\">1<\/td>\n<td width=\"436\">For the first period of protection of an industrial design covering the 1st to 5th year of protection<\/td>\n<td width=\"123\">150 PLN (~35 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\">2<\/td>\n<td width=\"436\">For the second period of protection of an industrial design covering the 6th to 10th year of protection<\/td>\n<td width=\"123\">250 (~58 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\">3<\/td>\n<td width=\"436\">For the third period of protection of an industrial design covering the 11th to 15th year of protection<\/td>\n<td width=\"123\">500 PLN (~116 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\">4<\/td>\n<td width=\"436\">For the fourth period of protection of an industrial design covering the 16th to 20th year of protection<\/td>\n<td width=\"123\">1000 PLN (~233 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"34\">5<\/td>\n<td width=\"436\">For the fifth period of protection of an industrial design covering the 21st to 25th year of protection<\/td>\n<td width=\"123\">2000 PLN (~465 EUR)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Schedule of fees related to the protection of trade marks<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"38\"><strong>\u00a0<\/strong><\/p>\n<p><strong>I<\/strong><\/td>\n<td width=\"442\"><strong>One-off fees<\/strong><\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td rowspan=\"4\" width=\"38\">1<\/td>\n<td width=\"442\">For filing a trade mark application for goods and services classified in accordance with the applicable classification<\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td width=\"442\">in one class of goods<\/td>\n<td width=\"113\">450 PLN (~105 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">for each additional class of goods<\/td>\n<td width=\"113\">120 PLN (~28 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">For a declaration of priority, per priority claimed<\/td>\n<td width=\"113\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td rowspan=\"4\" width=\"38\">2<\/td>\n<td width=\"442\">For electronic filing of a trade mark application classified in accordance with the applicable classification:<\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td width=\"442\">in one class of goods<\/td>\n<td width=\"113\">400 PLN (~93 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">for each additional class of goods<\/td>\n<td width=\"113\">120 PLN (~28 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">For a declaration of priority, per priority claimed<\/td>\n<td width=\"113\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td rowspan=\"3\" width=\"38\">3<\/td>\n<td width=\"442\">For a request to convert an international registration into a national application for goods and services classified in accordance with the applicable classification<\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td width=\"442\">in one class of goods<\/td>\n<td width=\"113\">120 PLN (~28 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">for each additional class of goods<\/td>\n<td width=\"113\">100 PLN (~23 EUR)<\/td>\n<\/tr>\n<tr>\n<td rowspan=\"3\" width=\"38\">4<\/td>\n<td width=\"442\">For a request to convert an EU trade mark application into a national application for goods and services classified in accordance with the applicable classification<\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td width=\"442\">in one class of goods<\/td>\n<td width=\"113\">200 PLN (~47 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"442\">for each additional class of goods<\/td>\n<td width=\"113\">150 PLN (~35 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"38\"><strong>II<\/strong><\/td>\n<td width=\"442\"><strong>Periodic fees (for a 10-year period of protection)<\/strong><\/td>\n<td width=\"113\"><\/td>\n<\/tr>\n<tr>\n<td width=\"38\">1<\/td>\n<td width=\"442\">For each class of goods according to the applicable classification of goods and services<\/td>\n<td width=\"113\">400 PLN (~93 EUR)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Schedule of fees related to the protection of geographical indications<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"35\">1<\/td>\n<td width=\"438\">For filing a geographical indication application<\/td>\n<td width=\"120\">300 PLN (~70 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"35\">2<\/td>\n<td width=\"438\">For protection of a geographical indication<\/td>\n<td width=\"120\">1000 PLN (~233 EUR)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>Schedule of fees related to the protection of topographies of integrated circuits<\/p>\n<table>\n<tbody>\n<tr>\n<td width=\"35\"><strong>I<\/strong><\/td>\n<td width=\"438\"><strong>One-off fees<\/strong><\/td>\n<td width=\"120\"><\/td>\n<\/tr>\n<tr>\n<td width=\"35\">1<\/td>\n<td width=\"438\">For filing a topography of an integrated circuit application<\/td>\n<td width=\"120\">250 PLN (~58 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"35\"><strong>II<\/strong><\/td>\n<td width=\"438\"><strong>Periodic fees<\/strong><\/td>\n<td width=\"120\"><\/td>\n<\/tr>\n<tr>\n<td width=\"35\">1<\/td>\n<td width=\"438\">For the first period of protection of a topography of an integrated circuit, covering a period of up to five years determined in accordance with the rules set out in Article 220<\/td>\n<td width=\"120\">550 PLN (~128 EUR)<\/td>\n<\/tr>\n<tr>\n<td width=\"35\">2<\/td>\n<td width=\"438\">For the second period of protection of a topography of an integrated circuit, covering the remaining years of protection<\/td>\n<td width=\"120\">800 PLN (~186 EUR)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>The grant of a supplementary protection certificate (SPC) is conditional upon payment of a fee of of 550 PLN (~128 EUR). Proof of payment must be attached to the application filed with the Polish Patent Office. In the event of a positive decision, a further fee of 90 PLN (~21 EUR) is payable for the publication of information on the granted SPC in the Official Gazette of the Polish Patent Office (PPO).<\/p>\n<p>For filing an application for registration of a plant variety, the fee is in the range of 500\u20131,000 PLN (~116\u2013233 EUR), depending on the species.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the consequences of a failure to pay any renewal fees and what (if any) steps can be taken to remedy a failure to pay renewal fees?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Failure to pay the renewal fee (periodic fee) for a subsequent period of protection results in the lapse of the right by operation of law (ex lege). The following remedies are available where a renewal fee has not been paid by the due date.<\/p>\n<p>First, periodic fees may be paid late, within six months after the expiry of the statutory deadline, provided that a surcharge of 30% of the fee due is paid simultaneously. This late-payment period is not subject to reinstatement (Article 224(4) IPL.<\/p>\n<p>Second, the deadline for payment of the one-off fee for protection or the fee for the first period of protection, as specified in the decision granting a patent, a right of protection or a right in registration, may be reinstated upon request of the applicant. To obtain reinstatement, the applicant must, within two months from the date on which the reason for the failure to meet the deadline ceased to exist and no later than six months from the date on which the deadline expired, demonstrate that the failure occurred through no fault of their own and simultaneously pay the outstanding fee (Article 225(1) IPL). This reinstatement procedure does not apply to deadlines for payment of subsequent periodic fees.<\/p>\n<p>Third, where a decision has already been issued declaring the lapse of the decision granting a patent, a right of protection or a right in registration on account of non-payment of the fee for the first period of protection, that decision may be set aside upon a request for reconsideration. The applicant must demonstrate that the failure occurred through no fault of their own and simultaneously pay the outstanding fee (Article 225(3) IPL).<\/p>\n<p>Additionally, the Patent Office is required to notify the holder of a right of protection for a trade mark of the approaching deadline for payment of the renewal fee no later than six months before the expiry of the current period of protection (Article 224(2\u00b9) IPL). For other rights (patents, supplementary protection certificates, rights of protection for utility models and rights in registration), the Patent Office provides such notification at the right holder&#8217;s request, no later than one month before the expiry of the current period of protection (Article 224(2\u00b2) IPL). Failure to receive such notification does not affect the assessment of whether the right holder has met the payment deadline.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements to assign ownership of each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patents, utility models, industrial designs and trade marks:<\/strong> an agreement to assign any of these rights must be concluded in writing, failing which the assignment is null and void (Article 67(2) IPL). The assignment of a patent becomes effective against third parties only upon entry of the assignment in the patent register (Article 67(3) IPL). The same rule applies, by virtue of the relevant cross-reference provisions, to rights of protection for utility models and trade marks, and to rights in registration of industrial designs and topographies of integrated circuits. Topographies of integrated circuits: the provisions on assignment of patents apply mutatis mutandis to rights in registration of topographies of integrated circuits (Article 221(1) IPL). Prior rights of priority: the right of priority arising from an earlier filing or exhibition is assignable and may be inherited. An agreement to assign such priority must be concluded in writing, failing which it is null and void (Article 17 IPL).<\/p>\n<p><strong>Economic copyright:<\/strong> an agreement to assign economic copyright must be concluded in writing, failing which the assignment is null and void. The agreement must expressly specify the fields of exploitation covered by the assignment (Articles 41 and 53 of the CRA).<\/p>\n<p><strong>Geographical indications:<\/strong> the right in registration of a geographical indication is not freely assignable. However, the holder of such right may transfer its entitlements to another organisation or authority by agreement, subject to the conditions set out in Article 176(2) to (4) IPL. The change is recorded in the register upon request (Article 189 IPL). The right is therefore transferable only to a limited class of entities and subject to specific conditions; it cannot be assigned in the same manner as other industrial property rights.<\/p>\n<p>The creator of an invention, utility model or industrial design who is entitled to obtain a patent, a right of protection or a right in registration may assign that right, whether gratuitously or for an agreed consideration, to an entrepreneur, or may transfer the invention, utility model or industrial design to the entrepreneur for use (Article 20 IPL).<\/p>\n<p>Where an invention, utility model or industrial design is transferred for use in accordance with Article 20 IPL, the right to obtain a patent, a right of protection or a right in registration passes to the entrepreneur on the date of its presentation in writing, provided that the entrepreneur accepts the invention, utility model or industrial design for exploitation and notifies the creator thereof within one month, unless the parties agree on a different time limit.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a requirement to register an assignment of any of these intellectual property rights and, if so, what is the consequence of failing to register?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where a right of protection for a trade mark is assigned, the agreement must be concluded in writing, failing which it is null and void (Article 67(2) IPL, as applied mutatis mutandis by Article 162(1) IPL). The assignment does not become effective against third parties until it has been entered in the trade mark register. To obtain such entry, an application must be filed with the Polish Patent Office (PPO), accompanied by documents evidencing the assignment. As between the parties, the assignment takes effect upon conclusion of the written agreement, irrespective of registration.<\/p>\n<p>The assignment of a patent, a right of protection for a utility model, a right of protection for a trade mark, a right in registration of an industrial design and a right in registration of a topography of an integrated circuit does not become effective against third parties until the assignment has been entered in the relevant register maintained by the PPO (Article 67(3) IPL, applied mutatis mutandis to utility models by Article 100(1) IPL, to industrial designs by Article 118(1) IPL, to trade marks by Article 162(1) IPL, and to topographies of integrated circuits by Article 221(1) IPL). As between the parties, the assignment takes effect upon conclusion of the written agreement. Failure to register therefore does not affect the validity of the assignment inter partes, but renders it unenforceable against third parties.<\/p>\n<p>The holder of a right in registration of a geographical indication may transfer its rights to another organisation or authority by agreement, subject to the conditions set out in Article 176(2) to (4) IPL. The change is recorded in the register upon request.<\/p>\n<p><strong>Economic copyright:<\/strong> there is no public register of copyright in Poland. An assignment takes effect between the parties upon conclusion of the agreement, and there is no mechanism for recording the transfer in a public register so as to make it enforceable against third parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the requirements to licence a third party to use each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patents, utility models, industrial designs and topographies of integrated circuits:<\/strong> a licence agreement must be concluded in writing, failing which it is null and void (Article 76(1) IPL, applied mutatis mutandis to utility models by Article 100(1) IPL, to industrial designs by Article 118(1) IPL, and to topographies of integrated circuits by Article 221(1) IPL). A licence may be exclusive or non-exclusive. A sublicence may only be granted with the consent of the right holder; further sub-sublicensing is not permitted (Article 76(5) IPL). The IPL provides for an open licence, which is an irrevocable declaration by the patent holder of willingness to grant a licence to any interested party. An open licence is non-exclusive and unrestricted in scope, and results in a 50% reduction of periodic fees for the protection of the invention (Article 80(3) IPL). The IPL also provides for a compulsory licence, which may be granted by the Patent Office in respect of patents and, by virtue of an express cross-reference, utility models. A compulsory licence may be granted where: (1) this is necessary to prevent or eliminate a threat to State security; (2) the patent is found to be abused; or (3) the holder of an earlier patent refuses to conclude a licence agreement and the use of a later patented invention (dependent patent) would fall within the scope of the earlier patent. A compulsory licence is always non-exclusive and the licensee is required to pay a licence fee. Unless a research contract or similar agreement provides otherwise, it is presumed that the contractor has granted the commissioning party a licence to use the inventions contained in the delivered results of the work (implied).<\/p>\n<p><strong>Economic copyright:<\/strong> an exclusive licence must be concluded in writing, failing which it is null and void. A non-exclusive licence may be granted orally or by implied conduct. Where an agreement does not expressly provide for the transfer of copyright, it is presumed that the creator has granted a licence (Article 65 of the CRA).<\/p>\n<p><strong>Trade marks:<\/strong> a licence agreement must be concluded in writing, failing which it is null and void (Article 76(1) IPL, as applied mutatis mutandis by Article 163(1) IPL). A licence may, upon request of the interested party, be recorded in the trade mark register maintained by the PPO.<\/p>\n<p><strong>Geographical indications:<\/strong> the right in registration of a geographical indication is not subject to licensing in the traditional sense. The right to use a registered geographical indication belongs, by operation of law, to any person whose goods meet the conditions for the use of that indication. See Question 14 below.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a requirement to register a licence of any of these intellectual property rights and, if so, what is the consequence of failing to register?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Registration of a licence is optional for patents, rights of protection for utility models, rights of protection for trade marks, rights in registration of industrial designs and rights in registration of topographies of integrated circuits. Either the licensor or the licensee may file a request with the Polish Patent Office (PPO) to record the licence in the relevant register maintained by the PPO. Both exclusive and non-exclusive licences may be recorded. Where an exclusive licence has been entered in the register, the exclusive licensee may, on an equal footing with the right holder, pursue claims for infringement of the licensed right, unless the licence agreement provides otherwise (Article 76(6) IPL, applied mutatis mutandis to utility models by Article 100(1) IPL, to industrial designs by Article 118(1) IPL, to trade marks by Article 163(1) IPL, and to topographies of integrated circuits by Article 221(1) IPL). In the event of a transfer of a patent or other industrial property right encumbered by a licence, the licence agreement remains effective against the successor in title (Article 78 IPL, applied mutatis mutandis).<\/p>\n<p>Registration of a licence is optional. Failure to register does not affect the validity of the licence as between the parties. However, the failure to enter an exclusive licence in the relevant register has a material practical consequence: the exclusive licensee loses the right to pursue infringement claims independently, on an equal footing with the right holder. That right is available only to an exclusive licensee whose licence has been duly recorded in the register.<\/p>\n<p>Economic copyright: there is no public register of copyright licences in Poland. The effectiveness of a licence is governed by the general principles of civil law.<\/p>\n<p>Geographical indications: the right in registration of a geographical indication is not subject to licensing in the traditional sense. The right to use a registered geographical indication belongs, by operation of law, to any person whose goods meet the conditions for the use of that indication (Article 187(1) IPL). The question of registration of a licence is therefore not applicable to geographical indications.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are exclusive and non-exclusive licensees given different rights in respect of the enforcement of the licensed IP, and if so, how do those rights differ?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Polish law, exclusive and non-exclusive licensees have materially different enforcement rights.<\/p>\n<p><strong>Patents, utility models, industrial designs and topographies of integrated circuits:<\/strong> An exclusive licensee whose licence has been entered in the relevant register maintained by the Polish Patent Office (PPO) may, on an equal footing with the right holder, pursue claims for infringement of the licensed industrial property right, unless the licence agreement provides otherwise (Article 76(6) IPL, applied mutatis mutandis to utility models by Article 100(1) IPL, to industrial designs by Article 118(1) IPL, and to topographies of integrated circuits by Article 221(1) IPL). A non-exclusive licensee does not have independent standing to pursue infringement claims in respect of these rights.<\/p>\n<p><strong>Trade marks: <\/strong>The enforcement rights of licensees in respect of trade marks are governed by a distinct and more detailed regime. As a general rule, a licensee, whether exclusive or non-exclusive, may bring an action for infringement of a right of protection for a trade mark only with the consent of the right holder, unless the licence agreement provides otherwise. However, an exclusive licensee may bring such an action independently, without the right holder&#8217;s consent, where the right holder, despite being called upon to do so, fails to bring an action within a reasonable time. In addition, any licensee \u2013 including a non-exclusive licensee, may intervene in infringement proceedings brought by the right holder in order to obtain compensation for loss suffered. This right of intervention is available to all licensees regardless of whether the licence is exclusive or non-exclusive, which constitutes an exception to the general rule.<\/p>\n<p><strong>Geographical indications: <\/strong>With respect to geographical indications, claims for infringement may be brought not only by the holder of the right in registration, but also by any person entered in the register as authorised to use the indication (Article 302(2) IPL).<\/p>\n<p><strong>Economic copyright:<\/strong> Under CRA, an exclusive licensee is entitled to bring infringement claims in respect of the fields of exploitation covered by the licence, unless the parties have agreed otherwise (Article 67(4)). A non-exclusive licensee does not have independent standing to pursue infringement claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the IPL criminal provisions are set out in Title X, Articles 303 to 310. The offences defined therein are as follows:<\/p>\n<ul>\n<li>Misappropriation of another person&#8217;s authorship of an invention, utility model, industrial design or topography (fine, restriction of liberty or imprisonment of up to one year; if committed for financial or personal gain \u2013 up to two years).<\/li>\n<li>Filing an application for another person&#8217;s invention, utility model or topography (fine, restriction of liberty or imprisonment of up to two years; if committed negligently by a person bound by confidentiality \u2013 fine only).<\/li>\n<li>Marking goods, for the purpose of placing them on the market, with a counterfeit trade mark, including a counterfeit EU trade mark, or with a registered trade mark or EU trade mark that the offender has no right to use, or trading in goods bearing such marks (fine, restriction of liberty or imprisonment of up to two years. In a case of minor gravity, the offender is subject only to a fine).<\/li>\n<li>Falsely representing that goods or services benefit from intellectual property protection (fine or arrest).<\/li>\n<li>Placing on the market goods bearing a trade mark with a distinguishing element designed to create a false impression that the goods benefit from trade mark protection (fine).<\/li>\n<\/ul>\n<p>Under the CRA criminal liability is governed by Chapter 14, Articles 115 to 123. The offences defined therein are as follows:<\/p>\n<ul>\n<li>Plagiarism, i.e. misappropriation of authorship of a work (fine, restriction of liberty or imprisonment of up to three years).<\/li>\n<li>Dissemination of a work without authorisation (fine, restriction of liberty or imprisonment of up to two years).<\/li>\n<li>Unlawful fixation or reproduction of subject matter protected by copyright or related rights (fine, restriction of liberty or imprisonment of up to two years).<\/li>\n<li>Acquisition or assistance in the disposal of infringing copies of works or objects of related rights (IP fencing).<\/li>\n<li>Manufacturing, importing or distributing devices or components intended for the unauthorised removal or circumvention of technological protection measures (imprisonment from three months to five years).<\/li>\n<li>Infringement of the right of control over the use of a work and the right to information on the scope of such use (fine, restriction of liberty or imprisonment of up to one year).<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other enforcement options are available for each of the intellectual property rights described in section A? For example, civil court proceedings, intellectual property office proceedings, administrative proceedings, alternative dispute resolution.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Civil proceedings are heard by specialised intellectual property divisions established at regional courts. The Regional Court in Warsaw has exclusive jurisdiction over intellectual property cases concerning computer programs, inventions, utility models, topographies of integrated circuits, plant varieties and technical trade secrets.<\/p>\n<p>Criminal proceedings may be initiated in cases of IP infringement that constitute criminal offences under the IPL or the CRA (see Question 16 above).<\/p>\n<p>Inter partes proceedings before the Polish Patent Office (PPO) are available in respect of invalidation of rights, declaration of lapse, opposition proceedings and the grant of compulsory licences.<\/p>\n<p>Customs procedures are available under Regulation (EU) No 608\/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights. Applications are filed with the National Revenue Administration.<\/p>\n<p>Administrative court proceedings are available by way of appeals against decisions of the PPO to the Voivodeship Administrative Court in Warsaw, and, subsequently, to the Supreme Administrative Court.<\/p>\n<p>Under Polish law, parties may submit intellectual property disputes of a proprietary nature to arbitration by concluding an arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the length and cost of such procedures?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Civil proceedings: The duration of court proceedings depends on factors such as the complexity of the case, the volume of available evidence, the caseload of the courts and the efficiency of the parties. In practice, proceedings may last from several months to several years, particularly in complex cases.<\/p>\n<p>Costs:<\/p>\n<ul>\n<li>In cases concerning the protection of copyright and related rights, as well as cases relating to inventions, utility models, industrial designs, trade marks, geographical indications, topographies of integrated circuits, the protection of other intangible property rights (including European intellectual property rights) and the prevention and combating of unfair competition, a fixed or proportional court fee is charged on the statement of claim in the amount specified in Articles 13 to 13d of the Act on Court Fees in Civil Cases for each monetary claim, and a fixed fee of PLN 300 (~70 EUR) for each non-monetary claim.<\/li>\n<li>Expert witness fees typically range from PLN 1,000 to PLN 10,000 (~233\u20132,326 EUR); in patent cases they may reach several tens of thousands of PLN (~several thousand EUR).<\/li>\n<\/ul>\n<p>Criminal proceedings: Criminal proceedings in IP cases are generally initiated by way of a private complaint filed by the injured party. Court fees are not charged to the private prosecutor at the stage of filing the complaint.<\/p>\n<p>Inter partes proceedings before the Polish Patent Office (PPO): Proceedings typically last approximately one to three years. Including subsequent judicial review before the Voivodeship Administrative Court (WSA) and the Supreme Administrative Court (NSA), the total duration may reach five to eight years.<\/p>\n<p>Costs:<\/p>\n<ul>\n<li>Preparation of applications: A patent attorney typically charges between PLN 1,500 and PLN 4,000 (~349-930 EUR) for the preparation of a trade mark application, depending on the complexity of the case and the number of classes. The preparation of an industrial design application costs approximately PLN 1,000 to PLN 2,500 (~233-581 EUR).<\/li>\n<li>Representation in proceedings before the PPO costs approximately PLN 200 to PLN 500 (~47-116 EUR) per hour of a patent attorney&#8217;s work. Conducting a dispute before the PPO adjudicative panels may cost between PLN 5,000 and PLN 15,000 (~1,163-3,488 EUR).<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where court action is available, please provide details of which court(s) have jurisdiction, how to start proceedings, the basics of the procedure, the time to trial, the format of the trial, the time to judgment and award of relief and whether any appeal is available.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Competent courts:<\/strong><\/p>\n<p>Since 1 July 2020, specialised intellectual property divisions have been established at eight regional courts: Warsaw, Krak\u00f3w, Gda\u0144sk, Pozna\u0144, Katowice, \u0141\u00f3d\u017a, Wroc\u0142aw and Lublin.<\/p>\n<p>The Regional Court in Warsaw has exclusive jurisdiction over cases concerning EU trade marks (EUTMs) and registered Community designs (RCDs). Each IP division has exclusive territorial jurisdiction over IP cases within its circuit.<\/p>\n<p><strong>Commencing proceedings:<\/strong> The claimant files a statement of claim with the competent IP division, setting out the relief sought, the factual and legal basis of the claim and the supporting evidence. The applicable court fee must be paid upon filing.<\/p>\n<p><strong>Time to trial<\/strong>: The first hearing is typically scheduled approximately three (3) months from the date of filing of the statement of claim.<\/p>\n<p><strong>Format of proceedings:<\/strong> Proceedings are conducted primarily in writing (statement of claim, statement of defence, reply). The court may hold an oral hearing at which witnesses and expert witnesses are examined (remote hearings are permitted). The proceedings are adversarial and the court applies the principle of free evaluation of evidence.<\/p>\n<p><strong>Appellate remedies:<\/strong><\/p>\n<p>An appeal lies to the competent court of appeal and must be filed within two weeks of service of the judgment together with its written reasons. A cassation appeal to the Supreme Court is, in principle, available where the value of the subject matter in dispute exceeds PLN 50,000 (~11,628 EUR). The cassation appeal must be filed with the court that issued the contested decision within two months of service of the decision together with its written reasons on the appealing party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What customs procedures are available to stop the import and\/or export of infringing goods?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Poland directly applies Regulation (EU) No 608\/2013. The right holder files a national or EU-wide application with the competent customs authority. Where customs authorities identify goods suspected of infringing an intellectual property right covered by a decision granting the application, they suspend the release of the goods or detain them. Suspected infringing goods may be destroyed under customs supervision without the need to determine whether an intellectual property right has been infringed under the law of the Member State in which the goods were detected, provided that the conditions set out in the Regulation are met.<\/p>\n<p>Under the Customs Law Act of 19 March 2004, the director or directors of revenue administration chambers designated by the minister responsible for public finance have jurisdiction over decisions concerning the enforcement of intellectual property rights at the border.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are any non-court enforcement options or dispute resolution mechanisms mandatory in respect of intellectual property disputes in any circumstances? If so, please provide details.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Polish law does not impose any mandatory mediation, arbitration or other alternative dispute resolution (ADR) procedure as a precondition to commencing court proceedings in intellectual property cases. Mediation is entirely voluntary. The court may refer the parties to mediation, but only with their consent.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What options are available to settle intellectual property disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Out-of-court settlement<\/strong>: The parties to an IP dispute may conclude a settlement at any stage \u2013 before, during or after proceedings. In inter partes proceedings before the Polish Patent Office (PPO), a settlement may be recorded in the hearing protocol. Mediation: Mediation in IP cases is entirely voluntary and may be conducted before or during court proceedings. Under Article 187(1)(3) of the Code of Civil Procedure, the claimant must state in the statement of claim whether the parties have attempted mediation or other ADR, and if not, explain the reasons. This is a formal requirement of the pleading, not an obligation to actually undertake ADR.<\/p>\n<p>Arbitration: Proprietary IP disputes (infringement, licensing, assignment of rights) may be submitted to arbitration. Arbitration is generally faster and more flexible than court proceedings.<\/p>\n<p><strong>Inter partes proceedings before the PPO<\/strong>: The PPO adjudicates, inter alia, cases concerning: invalidation of patents, supplementary protection certificates, rights of protection or rights in registration; invalidation of the recognition in Poland of international trade mark or industrial design protection; limitation of a patent during invalidation proceedings; grant or modification of compulsory licences. These cases are heard by adjudicative panels. The PPO aims to resolve each case within six (6) months of the filing of the request.<\/p>\n<p><strong>Court proceedings before specialised IP<\/strong> divisions: Civil claims relating to industrial property protection are heard in intellectual property proceedings, unless jurisdiction is vested in another body or a different procedure applies. Cases heard include, in particular: determination of authorship of an inventive project; determination of the right to a patent, right of protection or right in registration; remuneration for the use of an inventive project or an invention for State purposes; and infringement of a patent, supplementary protection certificate, right of protection or right in registration. A claimant who has made a prima facie case may request the court to order the defendant to disclose or produce evidence in its possession, including banking, financial or commercial documents. These cases are adjudicated by specialised IP courts established under the Act of 13 February 2020 amending the Code of Civil Procedure.<\/p>\n<p><strong>Criminal proceedings:<\/strong> In cases of particularly serious infringements (e.g. trafficking in goods bearing counterfeit trade marks), criminal proceedings may also be initiated.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required to establish infringement of each of the intellectual property rights described in section A? What evidence is necessary in this context?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patent infringement<\/strong>: Any act listed in Article 66(1) IPL (manufacturing, using, offering, placing on the market, storing, importing or exporting) performed without the right holder&#8217;s consent for commercial or professional purposes constitutes infringement. Where the patent covers a process, the patent also extends to products directly obtained by that process. In respect of new products, or where the right holder demonstrates that it was unable, despite reasonable efforts, to determine the process actually used by another person, it is presumed that the product capable of being obtained by the patented process was produced by that process (Article 64(2) IPL). Evidence required: patent documentation (including patent claims and description), technical description of the defendant&#8217;s product or process, expert opinion, samples, test reports.<\/p>\n<p><strong>Trade mark infringement: <\/strong>The claimant must demonstrate: (1) identity or similarity of the signs, (2) identity or similarity of the goods\/services, and (3) a likelihood of confusion on the part of the public (Article 296(2) IPL). For marks with a reputation: likelihood of confusion is not required; the claimant must show that the use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the mark (Article 296(2)(3) IPL). Evidence required: certificate of protection, samples\/photographs, website printouts, market surveys.<\/p>\n<p><strong>Utility model infringement<\/strong>: Any act listed in Article 66(1) IPL (manufacturing, using, offering, placing on the market, storing, importing or exporting) performed without the right holder&#8217;s consent for commercial or professional purposes constitutes infringement, as the provisions on patents apply mutatis mutandis to utility models (Article 100(1) IPL). A utility model protects only technical solutions relating to the shape or construction of an object of durable form. Evidence required: certificate of protection, technical description of the defendant&#8217;s product, expert opinion, samples.<\/p>\n<p>Industrial design infringement: The right holder may prohibit third parties from manufacturing, offering, placing on the market, importing, exporting or using a product in which the design is incorporated or to which it is applied, or from stocking such a product for those purposes, without the right holder&#8217;s consent (Article 105(3) IPL). The key element in assessing the scope of protection is whether the allegedly infringing product produces, on the informed user, the same overall impression as the registered design (Article 105(4) IPL). Evidence required: certificate of registration, photographs or illustrations of the registered design and the allegedly infringing product, expert opinion.<\/p>\n<p><strong>Topography of an integrated circuit infringement: <\/strong>Infringement occurs where a person, without the right holder&#8217;s consent: (1) reproduces the protected topography in whole or in part (except for any part that does not meet the originality requirement under Article 198 IPL); or (2) imports, sells or otherwise places on the market a copy of the protected topography, integrated circuits manufactured using such a copy, or products incorporating such integrated circuits (Article 212(1) IPL). Evidence required: certificate of registration, technical documentation of the topography, expert opinion, samples of the allegedly infringing integrated circuits.<\/p>\n<p><strong>Geographical indication infringement: <\/strong>A registered geographical indication may not be used by persons whose goods do not meet the conditions on which the right in registration was granted, even where such use is not intended to indicate geographical origin, where the actual place of manufacture is indicated, or where the indication is used with additions such as &#8220;imitation&#8221;, &#8220;type&#8221; or &#8220;method&#8221; (Article 185 IPL). Claims for infringement may be brought by the holder of the right in registration and by any person entered in the register as authorised to use the indication (Article 302(2) IPL). Evidence required: certificate of registration, evidence that the defendant&#8217;s goods do not meet the conditions for use of the indication, samples, expert opinion.<\/p>\n<p><strong>Copyright infringement: <\/strong>The claimant must demonstrate the existence of a protected work and an unauthorised encroachment upon the exclusive economic rights therein.<\/p>\n<p><strong>Trade secret misappropriation:<\/strong> Trade secrets are not protected under the IPL, but based on tort law under the ACUC. The claimant must demonstrate the existence of a trade secret and its unlawful acquisition, disclosure or use. Evidence required: documentation establishing the confidential nature of the information, evidence of the defendant&#8217;s access to and use of the information, expert opinion.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court acquire any necessary information (fact or technical) and in what circumstances does it do so? In particular a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and\/or parties\u2019 expert witness evidence? b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and\/or parties&#8217; expert witness evidence?<\/strong><\/p>\n<p>There are no technical judges in Poland. Judges sitting in the specialised IP divisions have a legal background. The court obtains technical knowledge through: (i) court-appointed experts, selected from lists maintained by the presidents of regional courts, who issue written opinions and may be called to testify at the hearing; and (ii) private expert opinions commissioned by the parties, which are admissible as documentary evidence but carry lesser evidentiary weight.<\/p>\n<p><strong>b) What mechanisms are available for compelling the obtaining and protecting of evidence? <\/strong><strong>Is disclosure or discovery available? <\/strong><\/p>\n<p>Polish IP proceedings provide three mechanisms for compelling the obtaining and protecting of evidence:<\/p>\n<p><strong>Preservation of evidence: <\/strong>The court may order the preservation of evidence before or during proceedings, up to the close of the hearing at first instance, upon request of the right holder who has made a prima facie case and demonstrated a legal interest in preservation. The order is issued in camera and must be issued without delay, no later than one week from the date of receipt of the application (Article 47997(2) of the Code of Civil Procedure). Measures include, in particular, seizure of goods, materials, tools used in production or distribution, and documents, as well as the preparation of a detailed description of such items, combined, where necessary, with the taking of samples. At the request of the right holder, the obliged party or the defendant, the court may call upon an expert to participate in the execution of the order for preservation of evidence (Article 479<sup>101<\/sup>(3) of the Code of Civil Procedure).<\/p>\n<p><strong>Disclosure or production of evidence: <\/strong>A claimant who has made a prima facie case may request the court to order the defendant to disclose or produce evidence in its possession, including banking, financial or commercial documents. If the defendant fails to comply with such order or destroys evidence to frustrate disclosure, the court may: (a) deem the facts that the evidence was intended to prove as established, unless the defendant demonstrates otherwise; and (b) order the defendant to bear the costs of the proceedings, in whole or in part, regardless of the outcome of the case (Article 479<sup>109<\/sup>(3) of the Code of Civil Procedure).<\/p>\n<p><strong>Right to information: <\/strong>Before or during proceedings (up to the close of the hearing at first instance), the court may, upon request of the right holder who has demonstrated in a credible manner circumstances indicating an infringement, order the infringer to provide information on the origin and distribution networks of the goods or services, where such information is necessary for the pursuit of the claim (Article 479113(1) of the Code of Civil Procedure). When serving the order, the court warns the obliged party of criminal liability for making a false statement (Article 479<sup>118<\/sup>(2) of the Code of Civil Procedure). A separate, broader information request under Article 479<sup>115 <\/sup>of the Code of Civil Procedure may cover, inter alia, the identity of producers, distributors and other participants in the supply chain, as well as quantities and prices of the goods or services concerned.<\/p>\n<p><strong>Proceedings before the Polish Patent Office (PPO):<\/strong> In inter partes proceedings before the PPO&#8217;s adjudicative panels, the PPO may also obtain factual and technical information. Evidence is gathered in accordance with the provisions of the Code of Administrative Procedure, as applied mutatis mutandis. However, Article 253\u00b9 IPL expressly provides that, when assessing whether the conditions required for the grant of a patent, a right of protection, a supplementary protection certificate or a right in registration are satisfied, expert opinion evidence is not used, unless the PPO considers it indispensable. This is a significant distinction from civil court proceedings, where expert opinion evidence is routinely employed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is information and evidence submitted to the court scrutinised? For example, is cross-examination available and if so, how frequently is it employed in practice?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Polish civil proceedings, evidence is assessed by the court in accordance with the principle of free evaluation of evidence. The court evaluates the credibility and probative value of all evidence on the basis of a comprehensive consideration of the material gathered, applying the rules of logic and common experience. There is no formal hierarchy of evidence. Witnesses and court-appointed experts may be examined at the hearing. Each party has the right to put questions to witnesses and experts called by the opposing party, as well as to court-appointed experts. This mechanism is functionally equivalent to cross-examination in common law systems, although it is conducted by the parties&#8217; representatives (advocates or patent attorneys) under the supervision of the presiding judge, who may also put questions of their own motion. In practice, oral examination of witnesses is employed in the majority of IP cases where the facts are disputed. Oral examination of court-appointed experts is less frequent and is typically requested where the written opinion is contested. Private expert opinions submitted by the parties are treated as documentary evidence rather than as expert evidence in the procedural sense; their authors are not routinely called for examination, although the court may order their appearance at the opposing party&#8217;s request.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What defences to infringement are available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patents:<\/strong> The defendant may raise invalidity of the patent either as a procedural defence or by filing an invalidation request with the PPO. The court may stay the infringement proceedings pending the outcome of the invalidation proceedings before the PPO&#8217;s adjudicative panel. Further defences include: prior user rights (use in good faith at the priority date or necessary preparations made at that date); use for research, experimental or teaching purposes; the Bolar exemption (acts required to obtain marketing authorisation for medicinal products within the EEA); the transit privilege; and exhaustion of rights at EEA level. Claims are time-barred after three (3) years from the date on which the right holder became aware of the infringement and the identity of the infringer, and in any event no later than five (5) years from the date of the infringement.<\/p>\n<p><strong>Utility models:<\/strong> The provisions on patents apply mutatis mutandis to utility models (Article 100(1) IPL). Accordingly, the defences available in patent infringement proceedings, including invalidity, prior user rights, use for research or experimental purposes, the transit privilege and exhaustion of rights apply equally to utility model infringement proceedings. Claims are subject to the same limitation periods as patent claims.<\/p>\n<p><strong>Trade marks<\/strong>: Available defences include: invalidation of the right of protection; absence of a likelihood of confusion or absence of similarity of goods\/services; exhaustion of rights at EEA level; non-use of the contested mark for a continuous period of five (5) years; prior user rights where the defendant has been conducting local business in good faith; use of the defendant&#8217;s own name or address (in the case of natural persons); use of descriptive indications relating to the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of the goods; and use of the registered mark where necessary to indicate the intended purpose of a product, in particular as accessories or spare parts (Article 156 IPL). On the defendant&#8217;s request, the right holder is required to produce evidence that the trade mark has been put to genuine use during the five years preceding the bringing of the action (Article 157 IPL). Claims are time-barred after three (3) years from the date on which the right holder became aware of the infringement and the identity of the infringer, and in any event no later than five (5) years from the date of the infringement.<\/p>\n<p><strong>Industrial designs<\/strong>: The defendant may challenge the validity of the right in registration. Further defences include: use for personal or non-commercial purposes; use for experimental purposes; reproduction for the purposes of citation or teaching; use of a design incorporated in equipment on land vehicles or on sea-going vessels or aircraft registered in other states that are temporarily present in Poland; and importation of spare parts and accessories for the repair of such vessels or the carrying out of such repairs. A separate defence is the repair clause, carrying out, on individual order, a repair involving the reproduction of a component part of a complex product in order to restore its original appearance.<\/p>\n<p><strong>Topographies of integrated circuits<\/strong>: No infringement arises from the use of a topography in means of transport and their parts or equipment temporarily present in Poland, or in products in transit. Further defences include: private use; use for State purposes; reverse engineering\u00a0 a person who, on the basis of an evaluation or analysis of a protected topography, develops a topography meeting the originality requirement under Article 198 IPL does not infringe the right in registration; and good faith, the import or placing on the market of a product incorporating an unlawfully exploited topography does not constitute infringement where the person concerned acted in good faith. Once that person has been informed of the existence of protection, further commercial activity in that regard requires the right holder&#8217;s consent, although goods already held or ordered before receipt of that information may be placed on the market subject to payment of a sum corresponding to a reasonable licence fee (Article 217 IPL).<\/p>\n<p><strong>Copyright: <\/strong>Available defences include: lack of creative or individual character of the work; absence of economic rights on the part of the claimant; and permitted use (private use, the right of quotation, parody, caricature, pastiche). Claims for copyright infringement are, as a rule, time-barred after three (3) years from the date on which the injured party became aware of the damage and the identity of the person liable, and in any event no later than ten (10) years from the date of the infringement.<\/p>\n<p><strong>Geographical indications:<\/strong> The principal defence is that the defendant&#8217;s goods meet the conditions on which the right in registration was granted, and that the defendant is therefore entitled to use the indication. A further defence is available to persons who, acting in good faith on the relevant territory, used the geographical indication before the right in registration was granted and whose goods do not meet the conditions for use: such persons may continue to use the indication for a period not exceeding one year from the date of the grant of the right in registration (Article 186 IPL). A right in registration of a geographical indication may be invalidated upon request of any person demonstrating a legal interest, where the statutory conditions for the grant of that right were not met (Article 191 IPL).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Who can challenge each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patents and utility models:<\/strong> Any person may file a request for invalidation, provided that they demonstrate that the conditions required for the grant of the patent were not met, that the invention was not disclosed in a manner sufficiently clear and complete for a person skilled in the art to carry it out, that the patent was granted for an invention not covered by the content of the application or the original application, or that the patent claims do not define the subject matter of the requested protection in a clear and concise manner or are not fully supported by the description of the invention. In addition, the Prosecutor General of the Republic of Poland or the President of the Patent Office may file a request for invalidation in the public interest (Article 89(2) IPL).<\/p>\n<p><strong>Topographies of integrated circuits<\/strong>: The provisions on invalidation of patents apply mutatis mutandis to topographies of integrated circuits (Article 221(1) IPL, applying Article 89 IPL mutatis mutandis). Accordingly, any person who demonstrates that the conditions required for the grant of the right in registration were not met may file a request for invalidation.<\/p>\n<p><strong>Industrial designs: <\/strong>Any person who demonstrates that the conditions required for the grant of the right in registration were not met may file a request for invalidation of a right in registration of an industrial design (the provisions on invalidation of patents apply mutatis mutandis pursuant to Article 117(1) IPL). In addition, the right in registration may be invalidated on the ground that the exploitation of the industrial design infringes the personal or proprietary rights of third parties (Article 117(2) IPL).<\/p>\n<p><strong>Trade marks:<\/strong> A right of protection for a trade mark may be invalidated, in whole or in part, upon request, if the conditions required for the grant of that right were not met. Following the amendment of Article 164(1) IPL, there is no longer a requirement to demonstrate a legal interest in order to file an invalidation request. However, where the request is based on an earlier right, only the holder of that earlier right has standing to invoke it. Accordingly, an applicant may not rely on another party&#8217;s subjective rights as relative grounds for invalidation of a trade mark.<\/p>\n<p><strong>Geographical indications<\/strong>: A right in registration of a geographical indication may be invalidated upon request of any person demonstrating a legal interest, provided that the statutory conditions required for the grant of that right were not met.<\/p>\n<p><strong>Copyright<\/strong>: Copyright may be challenged before the ordinary courts, either as a procedural defence in infringement proceedings or by way of an action for a declaration of non-existence of the right.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">When may a challenge to these intellectual property rights be made (e.g. during any registration process or at any time during the subsistence of the right)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>An opposition against a trade mark application may be filed within three (3) months of the date of publication of the application in the Polish Patent Office Bulletin. A separate mechanism is the post-grant opposition: any person may file a reasoned opposition against a final decision of the Patent Office granting a patent, a right of protection for a utility model or a right in registration of an industrial design within six (6) months of the date of publication of the grant in the Official Gazette of the Patent Office. Post-grant opposition is not available in respect of trade marks. A request for invalidation of a patent, utility model, industrial design or topography of an integrated circuit may be filed at any time after the grant of the right. A request for invalidation of a right of protection for a trade mark may also be filed at any time, subject to the limitation that invalidation may not be sought where the holder of a well-known trade mark, being aware of the use of the registered mark, has acquiesced in such use for a period of five (5) consecutive years. A declaration of lapse of a trade mark on the ground of non-use may be made after an uninterrupted period of five (5) years from the date of the decision granting the right of protection, unless there are legitimate reasons for non-use. A declaration of lapse of a right in registration of a geographical indication may be sought by any person with a legal interest where the indication has ceased to meet the statutory conditions for protection or has not been used for a period of five (5) years without legitimate reasons (Article 192(1) IPL). Copyright is not subject to registration. Challenges to copyright are brought before the ordinary courts, either in infringement proceedings or by way of an action for a declaration of non-existence of the right, without any time limitations arising from a registration procedure.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Briefly, what is the forum and the procedure for challenging each of these intellectual property rights and what are the grounds for a finding of invalidity of each of these intellectual property rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Patents, utility models, industrial designs, <\/strong>topographies of integrated circuits and trade marks: Invalidation proceedings are heard by the Polish Patent Office (PPO) in inter partes proceedings before its adjudicative panels. A decision of the PPO may be challenged by a request for re-examination, followed by an appeal to the Voivodeship Administrative Court in Warsaw and, subsequently, to the Supreme Administrative Court (NSA). In the case of trade marks, invalidity may also be raised before the ordinary civil courts. The grounds for invalidation are, in each case, that the statutory conditions required for the grant of the right were not met. For patents, this includes in particular lack of novelty, lack of inventive step, lack of industrial applicability, insufficient disclosure, or the patent having been granted for subject matter not covered by the content of the application. For trade marks, grounds include absolute grounds (e.g. lack of distinctive character, descriptiveness) and relative grounds (e.g. conflict with an earlier right). For industrial designs, grounds include lack of novelty or lack of individual character. For topographies, the grounds for invalidation correspond to those applicable to patents, applied mutatis mutandis. In practice, the principal ground is lack of originality of the topography, but other grounds applicable to patents (such as the right having been granted to a person not entitled to it) may also apply.<\/p>\n<p><strong>Copyright:<\/strong> Copyright disputes, including challenges to the existence or scope of copyright, are brought before the ordinary civil courts. Grounds for a finding that copyright does not subsist include the absence of creative or individual character of the work.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any other methods to remove or limit the effect of any of the intellectual property rights described in section A, for example, declaratory relief or licences of right?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Compulsory licence:<\/strong> The PPO may grant a compulsory licence for the use of a patented invention where this is necessary to prevent or eliminate a threat to State security, where the right holder has been found to abuse the patent, or where the holder of an earlier patent refuses to conclude a licence agreement and the use of a later patented invention (dependent patent) would fall within the scope of the earlier patent. In the latter case, the holder of the earlier patent may in turn request authorisation to use the invention covered by the dependent patent. The provisions on compulsory licences apply mutatis mutandis to utility models.<\/p>\n<p><strong>Licence of right: <\/strong>The patent holder may file a declaration with the PPO expressing readiness to grant a licence for the use of the invention. Such declaration is irrevocable and may not be amended. A licence of right is non-exclusive and unrestricted in scope, and the royalty may not exceed 10% of the benefits obtained by the licensee in each year of use of the invention, after deduction of outlays. For the implied licence, see Question 13 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies (both interim and final) are available for infringement of each of the intellectual property rights described in section A?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Interim measures:<\/strong> The court may grant interim relief before or during proceedings, provided that the applicant demonstrates a prima facie case and a legal interest in obtaining such relief. The available forms of interim relief are described in Question 24(b) above. In addition, the court may, before or during proceedings (up to the close of the hearing at first instance), order the infringer or any person in the distribution chain to provide information on the origin and distribution networks of the goods or services, where the right holder demonstrates in a credible manner circumstances indicating an infringement and the information is necessary for the pursuit of the claim (Article 479<sup>113<\/sup> of the Code of Civil Procedure). When ruling on infringement, the court may, upon the right holder&#8217;s request, order measures in respect of unlawfully manufactured or marked goods owned by the infringer, as well as the means and materials used in their manufacture or marking. In particular, the court may order their withdrawal from the market, their allocation to the right holder on account of the monetary sum awarded, or their destruction. In making such orders, the court takes into account the gravity of the infringement and the interests of third parties.<\/p>\n<p><strong>Final remedies<\/strong> (patents, utility models, industrial designs, topographies of integrated circuits and trade marks): The right holder may claim: cessation of the infringement; surrender of unjustly obtained benefits (regardless of the infringer&#8217;s fault); and compensation for damage caused by a culpable infringement (either on general principles of civil liability or by payment of a sum corresponding to a reasonable licence fee or other appropriate remuneration that would have been due at the time of the claim for the right holder&#8217;s consent to use the invention). The court may order the withdrawal from the market or destruction of infringing products, taking into account the gravity of the infringement and the interests of third parties, and may also order publication of the judgment. Where the infringement is unintentional, the court may, on the infringer&#8217;s request, order the infringer to pay an appropriate sum of money to the right holder instead of ordering cessation of the infringement or withdrawal and destruction of infringing goods, provided that such cessation or withdrawal would be disproportionately burdensome for the infringer and the payment adequately safeguards the right holder&#8217;s interests. In trade mark cases, the right holder may additionally claim cessation of the affixing of the trade mark to packaging, labels, tags, security features or other means on which the mark may be placed, as well as the right to prohibit the introduction of goods originating from third countries into the territory of Poland without their being released for free circulation, where such goods or their packaging bear, without authorisation, a sign identical or indistinguishable from the registered trade mark.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the costs of enforcement proceedings and is any kind of costs recovery available for successful parties? Is there a procedural mechanism enabling or requiring security for costs?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Costs and recovery:<\/strong> Court proceedings in IP cases are governed by the loser pays principle: the unsuccessful party is required, upon the opponent&#8217;s request, to reimburse the costs necessary for the effective pursuit or defence of rights. Where a party is represented by a patent attorney, costs are reimbursed at the rates applicable to advocates. In particularly justified circumstances, the court may order the unsuccessful party to pay only part of the costs or relieve it of the obligation to pay costs altogether.<\/p>\n<p><strong>Court fees:<\/strong> In cases concerning the protection of copyright and related rights, inventions, utility models, industrial designs, trade marks, geographical indications, topographies of integrated circuits, other intangible property rights (including European intellectual property rights) and the prevention and combating of unfair competition, a fixed or proportional fee is charged on the statement of claim in the amount specified in Articles 13 to 13d of the Act on Court Fees in Civil Cases for each monetary claim, and a fixed fee of PLN 300 (~70 EUR) for each non-monetary claim. A fixed fee of PLN 100 (~23 EUR) is charged on an application for the grant, modification or revocation of interim relief. An application for interim relief in respect of a monetary claim filed before the commencement of proceedings is subject to one quarter of the fee payable on the statement of claim for that claim. A fixed fee of PLN 200 (~47 EUR) is charged on an application for the preservation of evidence.<\/p>\n<p><strong>Security for costs: <\/strong>A claimant who does not have a domicile, habitual residence or registered office in the Republic of Poland or in another Member State of the European Union is required, upon the defendant&#8217;s request, to deposit security for the costs of the proceedings.<\/p>\n<p><strong>Costs before the PPO:<\/strong> The provisions on costs applicable in civil proceedings apply mutatis mutandis to proceedings before the Polish Patent Office.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">15223<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/148422","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=148422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}