Poland
Poland is a member of the Paris Convention, the European Patent Convention (EPC), the Patent Cooperation Treaty (PCT), the Madrid Agreement and Protocol for trademarks, and the Hague Agreement for industrial designs. Trademarks are protected for 10 years (renewable), patents for 20 years, and industrial designs for up to 25 years. The .pl country code domain is open to all applicants without local presence requirements. This page covers the filing requirements, legal basis, and key deadlines for protecting intellectual property in Poland.
GENERAL INFORMATION
Area: 312,696 sq. km.
Population: 37,636,508 (2023).
Capital: Warsaw.
Language: Polish.
Currency: Zlotys.
GENERAL REMARKS
Member of the European Union as of May 1, 2004.
PATENTS OF INVENTION
LEGAL BASIS
- Industrial Property Law of June 30, 2000, in force since August 22, 2001, as amended.
- Regulation of the Prime Minister of September 17, 2001, as amended.
- Regulation of the Prime Minister of September 9, 2016 on filing and processing of applications for supplementary protection certificates for medicinal products and plant protection products.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Patent Cooperation Treaty (PCT), since December 25, 1990.
- European Patent Convention, since March 1, 2004
FILING REQUIREMENTS
- Power of Attorney (not legalized);
- Specification and abstract in Polish, English, French, German or Russian;
- Drawings: size 297 x 210 mm (1 set);
- Priority document, if not issued in English, French, German or Russian, together with authenticated translation into one of these languages;
- Statement concerning the priority rights if the applicant in Poland is not the applicant mentioned in the priority document;
- Statement or document as to the applicant’s right to the invention if he is not an inventor (e.g. assignment of right, contract of employment or other agreement);
- Certificate of deposition of a microorganism (if applicable) in a recognized international collection.
REMARKS
National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal preliminary and full examination – valid for 20 years from the filing date.
Annuities: accumulated annuities and due after the grant; subsequent annuities are payable after the anniversary of the filing date.
Opposition: possible within six months from the publication date of the granting decision.
TRADE AND SERVICE MARKS
LEGAL BASIS
- Industrial Property Law of June 30, 2000, in force since August 22, 2001, as amended.
- Regulation of the Prime Minister of December 8, 2016 on filing and processing trademark applications.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Madrid Agreement, since March 18, 1991.
- Madrid Protocol, since March 4, 1997.
FILING REQUIREMENTS
- Power of Attorney (not legalized);
- A representation of the trademark;
- List of goods and/or services;
- Priority document (with a certified translation if not in English, French or German).
REMARKS
Kinds of protection: trade and service marks, words, designs, ornaments, combinations of colors, three-dimensional shape of goods or their packaging, phonetic signals, or compositions of these elements.
Classification: International.
Use of the registered mark: mandatory within any five-year period from the registration date.
Duration – renewals: 10-year period from the filing date, renewable for further periods of 10 years.
Opposition: for applications filed from April 15, 2016, opposition may be filed before registration, within three months from publication of the application.
INDUSTRIAL DESIGNS
LEGAL BASIS
- Industrial Property Law of June 30, 2000, in force since August 22, 2001, as amended.
- Regulation of the Prime Minister of January 30, 2002, as amended.
- Regulation of the Prime Minister of March 2, 2004 on payments, as amended.
MEMBERSHIP IN INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm Act.
- Hague Agreement, Geneva Act, since July 2, 2009.
FILING REQUIREMENTS
- Power of Attorney (not legalized);
- Illustrative materials – drawings or photographs, capable of being reproduced in a scale 1:3, samples of textile fabric may also be enclosed;
- Assignment deed if the inventor is not the applicant in Poland or the applicant of the priority application is not the applicant in Poland; respective statements on acquired rights could replace them;
- Priority document, as for patents.
REMARKS
Duration – renewals: after formal examination: 5 years. Renewable for four additional 5-year periods.
Opposition: possible after registration has been granted, within six months from the publication date of the granting decision.
DOMAIN NAMES
LEGAL BASIS
- There is no specific legislation on country code top-level domain names.
FILING
- ccTLD: .pl
- Applicant: individuals and legal entities.
- Local presence: not required.
REMARKS
Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: yes, before Arbitration Court at the Polish Chamber of Information Technology and Telecommunication (when one or both parties are registered or resident in Poland), or WIPO Arbitration Center (when both parties are registered or resident outside Poland).
Frequently Asked Questions — IP Protection in Poland
What documents are required to register a trademark in Poland?
To register a trademark in Poland, the following documents are required: a Power of Attorney (not legalized), a representation of the mark, a list of goods and/or services, and a priority document with certified translation if not in English, French, or German.
Can I register a trademark in Poland through the international Madrid System?
Poland is a member of the Madrid Agreement (since 1991) and the Madrid Protocol (since 1997), so international registration via WIPO is also possible.
What kinds of trademarks may be registered in Poland?
In Poland, the following types of marks are registrable: words, designs, ornaments, combinations of colors, three-dimensional shapes of goods or their packaging, phonetic signals, or compositions of these elements. Both trade marks and service marks are registrable.
How long is the trademark opposition period in Poland?
For applications filed from April 15, 2016, opposition may be filed before registration, within 3 months from publication of the application.
How long does trademark protection last in Poland?
Trademark protection in Poland lasts for 10 years from the filing date and can be renewed for successive 10-year periods indefinitely.
Must a trademark be used in Poland?
Yes, use is mandatory within any five-year period from the registration date. Non-use may lead to cancellation upon request by any interested party.
What are the routes for filing a patent in Poland?
Poland is a member of the Paris Convention, the European Patent Convention (EPC, since 2004), and the Patent Cooperation Treaty (PCT, since 1990). Filing requirements include: a Power of Attorney (not legalized), a specification and abstract in Polish, English, French, German, or Russian, drawings (297 x 210 mm), a priority document with authenticated translation, and a statement on the applicant’s right to the invention if not the inventor. For PCT national phase entry, the deadline is 30 months under both Chapter I and Chapter II. Patents are valid for 20 years from the filing date.
How long is the patent opposition period in Poland?
In Poland, opposition to a granted patent is possible within 6 months from the publication date of the granting decision.
When are patent annuities due in Poland?
In Poland, accumulated annuities are due after the grant. Subsequent annuities are payable after the anniversary of the filing date. Timely payment is essential to maintain the patent in force throughout its 20-year validity period. For current deadlines and practitioner guidance, consult Katzarov's Manual on Industrial Property.
How do I register an industrial design in Poland?
Industrial designs in Poland are protected under the Industrial Property Law (in force since 2001). Filing requires: a Power of Attorney (not legalized), illustrative materials (drawings or photographs, reproducible at scale 1:3), an assignment deed if the inventor is not the applicant, and a priority document. Poland is a member of the Hague Agreement (Geneva Act, since 2009), allowing international registration. Protection lasts 5 years from the filing date, renewable for four additional 5-year periods (maximum 25 years). Opposition is possible within 6 months from the publication of the granting decision.
How do I register a .pl domain name?
The .pl domain is Poland's country code top-level domain (ccTLD). Both individuals and legal entities can register, and no local presence in Poland is required. Registration periods are 1 year, renewable. Dispute resolution is available before the Arbitration Court at the Polish Chamber of IT and Telecommunication (if a party is in Poland), or the WIPO Arbitration Center (if both parties are outside Poland).
Does the power of attorney need notarization or legalization in Poland?
In Poland, the Power of Attorney for trademark, patent, and design filings does not require legalization or notarization. A simply signed POA is sufficient for all IP filings with the Patent Office of the Republic of Poland (UPRP).
Where can I search the Polish trademark database?
Poland's trademark register is maintained by the Patent Office of the Republic of Poland (UPRP). Effective searching requires knowledge of the Nice Classification and interpretation of legal status codes. For comprehensive trademark searches and clearance opinions, contact Katzarov's team.
Where can I search for patents in Poland?
Patent records in Poland are maintained by the Patent Office of the Republic of Poland (UPRP). For professional patent searches, contact Katzarov's team.
What is the contact information for UPRP (Poland's IP Office)?
The Patent Office of the Republic of Poland (UPRP) is located at al. Niepodległości 188/192, 00-950 Warszawa, Poland. Phone: (+48) 22 579 00 00. Email: informacja@uprp.gov.pl.
To access the full content, please subscribe here.
