Region: Poland

Protecting and enforcing design rights: Poland

Featured in Designs 2017: A Global Guide

The Polish design regime is largely based on registration. The crucial requirements for a design (referred to as an ‘industrial design’ under Polish IP law) to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only.

24 November 2016

Opposition proceedings in Poland during transitional period

Since the introduction of the pre-registration trademark opposition system in Poland, this update covers what happens to applications filed before the relevant amendment entered into force.

18 October 2016

Procedures and strategies for pharmaceutical brands: Poland

Acquiring trademark protection for pharmaceutical products is standard practice, not only for the word element of a drug’s name, but also for graphic elements and packaging. Regarding non-traditional trademarks, the rules set out in the amended Community Trademark Regulation apply. Since the regulation has been amended to remove the requirement for graphic representation of trademarks (from October 1 2017), new applications for trademarks consisting of shapes, tastes or smells are likely to appear in the coming years.

06 September 2016

Poland

Featured in Anti-counterfeiting 2016 – A Global Guide

Any rights holder that is concerned about imports or exports of infringing goods should record its IP rights with Customs by submitting an application for action. This is one of the most effective and affordable ways to combat counterfeit goods at the border.

27 April 2016

Important amendments to the Law on Industrial Property

The Law on Industrial Property has undergone several important amendments in recent months. These amendments are intended to simplify and expedite application proceedings before the Polish Patent Office.

31 March 2016

Poland

Featured in Designs 2016: A Global Guide

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only; novelty and individual character are not examined in the registration procedure.

14 December 2015

Poland

Featured in Anti-counterfeiting 2015 – A Global Guide

Poland is a signatory to all of the major international agreements on IP protection, including the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights. As an EU member state, Poland is also part of the Community trademark and design systems and is required to harmonise its national IP laws with the relevant EU directives.

08 May 2015

Poland: A busy year for the courts

Several interesting judgments regarding the use of images in Poland were handed down in 2014

05 January 2015

Supreme Administrative Court considers whether advertising material may demonstrate use

In proceedings for the cancellation of a figurative trademark due to non-use, the Supreme Administrative Court has upheld a decision of the District Administrative Court in which the latter had found that the evidence provided by the trademark holder in the form of advertising material could not be regarded as evidence of genuine use of the mark.

27 November 2014

Poland: Overlapping protection

In Poland, rights holders can draw on a range of legal protection for the overall appearance of or impression created by products.

03 October 2014

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