Innovaccess - Intellectual Property Portal

Intellectual Property Office in Poland

You can find all the information of Poland about trademarks, patents, utility models, copyrights, registered designs, and all other IP rights.

 IP Awareness

 

The Polish Patent Office (PPO) is active in raising IP awareness among Polish industry, buisness, commerce, indiviudual inventors, higher eductaion institutions.

PPO is promoting knowledge of and demand for intellectual property rights by organising seminars, workshops and a wide range of lectures.

 

Polish PATLIB centres

 

The regional patent information centres in Poland are recognised cooperation partners of the PPO in the field of patent information and IP marketing and members of the PATLIB network at the European level.

 

PATLIB centres in Poland provide information on IP rights, i.e. patents, utility models, trade marks and designs and offer a wide range of search facilities on the spot. The centres frequently organise seminars and other events covering many different aspects of IP protection, including questions of IP information and search.

 

For a full list of PATLIB centres in Poland, please go to:

http://www.uprp.pl/osrodki-informacji-patentowej/Lead03,278,297,1,index,pl,text/

Information on Polish PATLIBs in English are available at:

www.epo.org/searching/patlib/directory.html

 

Government Funding

 

For information about government funding and schemes to support SMEs relating to IP protection in Poland please visit following websites:

http://en.parp.gov.pl

 

 


 

Enforcement

 

Protection of industrial property rights can take place in the courts either by criminal or civil proceedings. However, more extensive results can be achieved in civil proceedings.

 

A court competent in these proceedings is the District Court.

 

The holder of the right that has been infringed may require:

  • to cease the infringement;
  • to surrender unlawfully obtained profits;
  • to eliminate the consequences of the infringement;
  • to compensate damages in accordance with the general principles of law or by paying a lump sum that would be equal to the license fee.

An additional entitlement of the right holder is to request a publication of a statement in the press concerning infringement.

 

The person entitled to enforce their claims in case of infringement is:

  • the right holder, or
  • a licensee (holder of an exclusive licence, recorded in the Patent Register)

The entitled person can enforce their claims for infringement for the period commencing on the day following the publication date of the application in the PPO's first-level Official Gazette (Biuletyn Urzedu Patentowego).

 

The claim is barred 3 years after the date on which the right holder learned about the infringement, however not later than 5 years after the infringment occurred.

 

As for criminal proceeding, the results can be achieved faster although it is necessary for a single infringement to comply with each and every element established in the criminal law.

 

Examples of criminal actions are as follows:

  • arrogating the autorship to oneself;
  • misleading another person as to the authorship;
  • marking goods with a counterfeit trademark to place them on the market;
  • filing another's invention, utility model, industrial design etc. by anyone who is not entitled to be granted the IP right, in order to be granted a patent, a right of protection or a right in registration.

In order to report offences concerning the misappropriation of IP right, you should call the National Police or inform the Customs.