In Poland, the appropriate authority for granting exclusive rights for industrial property is the Polish Patent Office (Urzad Patent owy Rzeczypospolitej Polskiej or UPRP).

The basal national legal act is the Industrial Property Law (prawo wlsnosci przemyslwej or PWP). Industrial property includes: 1. inventions and utility designs; 2. trademarks; 3. industrial designs; 4. geographical designations; 5. integrated circuit topographies.

An application for an exclusive right initiates the application proceedings, within which the UPRP examines the fulfilment of legal requirements necessary for obtaining protection. The application procedure is terminated by the UPRP passing an administrative decision to grant or refuse protection.

PATENT AND UTILITY MODEL

Poland is party to the Paris Convention, the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPC). Patent applications are filed directly with the UPRP, meaning national applications, applications claiming convention priority and applications in the national phase of the PCT are subject to patentability analysis (substantial examination).

Granted European patents may be validated in Poland within 9 months since their publication by the EPO.

Patentability requirements are set out as in the EPC. An invention is a novel solution of a technical character, possessing inventive steps and susceptible of industrial use.

Patent protection lasts 20 years from the date of application.

In terms of utility models, according to the PWP, a utility model is a novel and useful solution of technical character relating to the shape, structure or construction of an object in permanent form.

Utility models are granted protection that lasts 10 years from the date of filing.

TRADEMARK AND INDUSTRIAL DESIGN

Poland is party to the Madrid Agreement and Protocol to the Madrid Agreement.

Both Community Trademarks (CTM) and Community Industrial Designs (CDR) are granted in accordance with appropriate EU regulations and valid in Poland.

Furthermore, one may apply for national protection for trademarks and industrial designs under the conditions set out in the PWP. According to the PWP, a trademark may be any designation which may be presented in a graphical form, if such a designation may be used to differentiate its products from those of another company.

Protection for trademarks in Poland lasts 10 years from the date of filing. To prolong protection for a trademark for another 10-year period, an extension application as well as appropriate payments must be made to the UPRP.

The rights vested by an industrial design are granted for a period of 25 years from the date of filing and are subject to an extension every 5 years.

Provided by WTS Patent and Attorneys-Witek, Sniezko & Partners.