WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/POL/I/2
4 October 2001
(01-4794)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
POLAND
By means of a communication from its Permanent Mission, dated 13 June 2001, Poland has
notified the text1 of its Act of 30 June 2000 on Industrial Property Law, under Article 63.2 of the
Agreement.
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
POLOGNE
Par une communication de sa Mission permanente, datée du 13 juin 2001, la Pologne a notifié
le texte1 ci-joint de la Loi du 30 juin 2000 sur la propriété industrielle, au titre de l'article 63:2 de
l'Accord.
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
POLONIA
Se ha recibido de la Misión Permanente de Polonia la siguiente comunicación, de fecha 13 de
junio de 2001, por la que Polonia notifica el texto1 de la Ley sobre propiedad industrial, de fecha
30 de junio de 2000, de conformidad con lo dispue sto en el párrafo 2 del artículo 63 del Acuerdo.
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/POL/I/2
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ACT OF JUNE 30, 2000 ON  INDUSTRIAL PROPERTY LAW
Title I
General Provisions
Article 1
1. This Law regulates:
(i) the relationships in the field of inve ntions, utility models, industrial designs,
trademarks, geographical indications and topographies of integrated circuits,
(ii) the principles on which entities may accept rationalisation proposals and
remunerate creators thereof;
(iii) the responsibilities and organisa tion of the Patent Office of the Republic of Poland,
hereinafter referred to as the “Patent Office”
2. The provisions of this Law shall not prejudi ce the protection of the subject matter referred
to in paragraph (1)(i), provided for in other legal acts.
Article 2
Combating of unfair competition is governed by a separate legal act.
Article 3
1. References in this Law:
(i) to a person shall mean any natural or legal person;
(ii) to a foreign person shall mean a person not being a Polish national and not having a
domicile or a seat, or a real and effective establishment on the territory of the Republic ofPoland;(iii) to an entity shall mean a person, who r uns for profit the activity in manufacturing,
building, trading or servicing, hereinafter referred to as “business activity”;(iv) to an international agreement shall mean any international agreement to which theRepublic of Poland is party;(v) to the Paris Convention shall mean the Stockholm Act of the Paris Convention for the
Protection of Industrial Property of 20 March 1883 (O.J. No 9/1975, item 51);
(vi) to invention projects shall mean i nventions, utility models , industrial designs,
topographies of integrated circ uits and rationalisation projects.
2. The provisions of this Law in parts concerning economic entities shall also applyaccordingly to persons running activities other than business activity and to organisational
units that do not enjoy the status of legal person.
Article 4
1. The provisions of this Law shall be without prejudice to the provisions of international agreements.
2. Where an international agreement provides fo r special procedures for granting protection
for inventions, utility models, industrial desi gns, trademarks, geographical indications or
topographies of integrated circuits, the provisions  of this Law shall apply accordingly to the
subject matter not governed by that agreemen t or falling within re sponsibilities of national
authorities.IP/N/1/POL/I/2
Page 3
Article 5
1. Foreign persons shall enjoy the rights unde r this Law on the basis of international
agreements.2. Insofar as it is not contrary to the provisi ons of international agreements, foreign persons
may enjoy the rights on the basis of this Law on the principle of reciprocity. It is for thePresident of the Patent Office to ascertain, for the purpose of the procedure before the PatentOffice and after having this consulted with a competent minister, whether the reciprocityconditions are satisfied.
Article 6
1. The following shall be granted on the conditi ons as laid down in this Law: patents for
inventions, rights of protection for utility models and trademarks, as well as rights inregistration for industrial designs, topographi es of integrated circuits and geographical
indications.2. The Patent Office shall be responsible in  the matters referred to in paragraph (1).
Article 7
1. Economic entities may provide for accepting rationalisation projec ts on conditions laid
down in regulations on rationalisation activities.2. Any technical solution susceptible of utilisa tion and not being an invention, a utility model,
an industrial design or a topography of an integrated circuit may be recognised by aneconomic entity as a rationalisation project within the meaning of this Law.
1. 
3. In the regulations referred to in paragraph (1),  an economic entity shall at least determine, what
kind of solutions and made by whom may be recognised by that entity as rationalisation projects, the
manner in which reported projects are to be handled as well as the rules of remunerating the creators
of the projects in question.
Article 8
1. On the conditions as laid down in this Law, the creator of an invention, a utility model, an
industrial design or a topography of an  integrated circuit shall be entitled:
    (i) to obtain a patent, a right of  protection or a right in registration,
   (ii) to remuneration,
   (iii) to be mentioned as such in specifications, registers and other documents and publications.
2. The creator of a rationalisation project ac cepted by an economic entity for exploitation
shall be entitled to the remuneration specified in the regulations referred to in Article 7(1)effective on the report day, unless regulations  subsequently promulgated are deemed more
advantageous for the creator. The provisions of paragraph (1)(iii) shall apply accordingly.3. The provisions of paragraphs (1) and (2) sh all apply accordingly to the joint creator.
Article 9
Representatives of social organisations whose activities include the encouragement of
activities in industrial property matters may, in accordan ce with their statutes, provide
assistance to the creators of inventive projects and act in their interest in proceedings beforejudicial bodies and, subject to Ar ticle 236, before the Patent Office.IP/N/1/POL/I/2
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Title II
Inventions, Utility Models and
Industrial Designs
Part I
Common Provisions
Article 10
1. Decisions on the grant of a patent for an invention or a right of protection for a utility
model shall be taken after having examined by the Patent Office, to the specified extent,whether the statutory requirement s for the grant of a patent or a right of protection are
satisfied.
2. 2. Decisions on the registration of an industrial design shall be taken after having checked,
whether the industrial design has duly been filed with the Patent Office.
Article 11
1. Subject to paragraphs (2), (3) and (5), the right to obtain a patent for an invention or a right of
protection for a utility model, or a right in registra tion for an industrial design shall belong to the
creator.
2. In the case of joint creators of an inventi on, a utility model or of an  industrial design, the
right to obtain a patent, a right of protection or a right in registration, respectively, shall
belong to them jointly.3. Where an invention, a utility model or an indus trial design has been made by a creator in
the course of employment duties or in the ex ecution of any other contract, the right referred
to in paragraph (1) shall belong to the empl oyer or the commissioner, unless otherwise agreed
by the parties concerned.4. Agreements concluded between economic entities may designate the entity to which therights referred to in paragraph (1) shall be long where an invention, a utility model or an
industrial design has been made in connec tion with the execution of such agreement.
5. Where an invention, a utility model or an indus trial design has been made by a creator with
the assistance of an economic entity, the latter may enjoy the right to exploit the invention,the utility model or the industrial design in its own field of activity. In the agreement on the
provision of assistance, the parties may stipulat e that the right referred to in paragraph (1)
shall belong in whole or in part to the economic entity.
Article 12
1. The right to a patent for an invention, a righ t of protection for a utility model or a right in
registration for an industrial design may be assigned or be subject to succession.
2. A contract for the transfer of the right referred to in paragraph (1) shall be in writing onpain of invalidity.
Article 13
1. Subject to Articles 14 and 15, priority to obtai n a patent, a right of protection or a right in
registration shall be determined according to the date on which a patent application, a utility
model application or an industr ial design applicati on has been filed with the Patent Office.IP/N/1/POL/I/2
Page 5
2. An application shall be deemed to have been filed at the date at wh ich it has been received
by the Patent Office or, subject to paragra ph (4), its transmission by means of fax has
effected.3. Where an application has been transmitted by means of fax, the original copy thereof shallbe required to be furnished within 30 days  from the date on which the transmission was
effected. The above time limit shall be non-restorable.
4. Where an application transmitted by means of  fax is found illegible or lacking in identity
with the original copy subsequently furnished, the date at which the original copy has been
furnished in accordance with paragraph (3) shall be deemed to be the filing date.5. The provision of paragraph (4) shall apply a ccordingly, where the original copy has been
furnished after the expiration of the time limit referred to in paragraph (3); in that case theapplication transmitted by means of fax shall be deemed not to have been filed.
Article 14
1. Priority to obtain a patent, a right of protection or a right in registration shall be enjoyable in the
Republic of Poland on conditions laid down in relevant international agreements according to the date
on which a patent, utility model or industrial design application has originally and duly been filed inan indicated country, provided that as from that date the application is filed with the Patent Office
within:
(i) 12 months, as far as inventions and utility model applications are concerned;
(ii) 6 months as far as industrial design applications are concerned.
Article 15
1. Priority to obtain a patent, a right of protection or a right in registration shall be determined, on
conditions laid down in relevant international agreements, according to the date on which the
invention, the utility model or the industrial design was displayed, in Poland or elsewhere in the
world, at an official or officially recognised exhibition, provided that the patent, utility model orindustrial design application is subsequently filed with the Patent Office within six months of that
date.
2. Priority to obtain a patent, a right of protection or a right in registration shall also be enjoyable on
the conditions laid down  in paragraph (1), where the invention, the utility model or the industrial
design has been displayed at a public exhibition in Poland other than that referred to in paragraph (1)above and indicated by the President of the Patent Office in a communication in the “Monitor Polski”
Official Gazette of the Republic of Poland.
3. The indication of an exhibition referred to in paragraph (2) may only be in respect of the event
having proved reliable, in particular where it enjoys recognised fame, long-lasting tradition or it has
been organised by a recognised organisation whose professional activity is to organise like
exhibitions.
4. Subject to the application of the conditions referred to in paragraph (3), a competent minister orvoivode may likewise take the initiative in recognising a public exhibition in Poland as that serving as
a basis for claiming the priority referred to in paragraph (2).
Article 16
Where an invention, a utility model or an industrial design, being the subject of the first duly filed
application, has previously been displayed on an exhibition and since the date of display up to the
filing date it has enjoyed the provisional protection provided for under the Paris Convention, the
priority to obtain a patent, a right of protection or a right in registration, referred to in Article 14, as
well as the start of the time limits for filing applications with the Patent Office provided therein, shall
be determined according to the date at which the invention, utility model or industrial design has beendisplayed at the exhibition concerned.IP/N/1/POL/I/2
Page 6
Article 17
1.The priority referred to in Articles 14 and 15 (earlier priority) may be assigned and be subject to
succession.2. A contract for the transfer of the priority referred  to in paragraph (1) shall be in writing on pain of
invalidity.
Article 18
Where a patent, utility model or industrial design application has been made independently by at least
two persons who enjoy the priorities accorded the same date, the right to obtain a patent, a right of
protection or a right in registration shall belong to each of these persons separately.
Article 19
1. At the request of the applicant the Patent Office shall issue, for the purpose of claiming priority
abroad, a document in confirmation of the filing of the patent, utility model or industrial design
application with the Patent Office (priority document).2. A priority document may only be issued on the basis of the application, which meets the
requirements specified in the Law, requisite for it to be deemed to have been filed.
Article 20
The creator of an invention, a utility model or an industrial design, entitled to obtain a patent, a right
of protection or a right in registration may transfer that right free of charge or against an agreed
compensation in favour of an economic entity or make the invention, the utility model or the
industrial design available for exploitation by that entity.
Article 21
Where an invention, a utility model or an industrial design is made available for exploitation pursuant
to Article 20, the assignment of the right to a patent, a right of protection or a right in registration
shall, subject to its acceptance by the economic entity for exploitation and notifying the creator of that
fact within one month from the report day, be effective from a date on which such invention, utility
model or industrial design is reported to the economic entity,  unless the parties have agreed on
another time limit.
Article 22
1. Unless the parties agreed otherwise, the creator of an invention, a utility model or an industrial
design shall be entitled to remuneration for the exploitation by an economic entity of his invention,
utility model or industrial design, where such entity enjoys the right to exploit it or the right to a
patent, the right of protection or the right in registration under Article 11(3) and (5) or Article 21.2. Where the parties have failed to agree on the amount of the remuneration, the latter shall be
determined in due proportion to the profits obtain ed by the economic entity from the exploitation of
the invention, the utility model or the industrial design, when taking into account circumstances in
which the invention, the utility model or the industrial design has been made, in particular the extent
to which the creator has been assisted in making the invention, the utility model or the industrialdesign, as well as the scope of the creator’s employment duties involved in making the invention, the
utility model or the industrial design.
3. 3. Unless the agreement stipulates otherwise, the remuneration shall be paid in the total amount at
the latest within two months after the expiry of one year from the date on which  initial profits have
been obtained from the exploitation of the inventi on, the utility model or the industrial design, or in
instalments within two months after the expiry of ea ch year in which the profits have been obtained,
however for no longer than five years.IP/N/1/POL/I/2
Page 7
Article 23
The remuneration for the creator of an invention, a utility model or an industrial design, determined
and paid under the provisions of Article 22(2) and (3) should be increased, if the profits obtained by
the entity prove to substantially exceed the profits taken as a basis for the purpose of determining the
remuneration paid.
Part II
Inventions and Patents
Chapter I
Inventions
Article 24
Patents shall be granted for any inventions which are new, which involve an inventive step and which
are susceptible of industrial application.
Article 25
1. An invention shall be considered to be new if it does not form part of the state of the art.
2. The state of the art shall be held to comprise everything made available to the public by means of a
written or oral description, by use, displaying or disclosure in any other way, before the date
according to which priority to obtain a patent is determined.3. The content of any patent applications or utility model applications which enjoy the earlier priority,
not made available to the public, shall also be considered as comprised in the state of the art, provided
that they were published in the manner as specified in this Law.
4. The provisions of paragraphs (1) to (3) shall not prevent a patent from being granted for an
invention concerning a new use of a substance comprised in the state of the art or the use of suchsubstance for the purpose of obtaining a product for a new use.
Article 26
1. An invention shall be considered as involving an in ventive step if, having regard to the state of the
art, it is not obvious to a person skilled in the art.
2. In deciding whether there has been an inventive step, the applications referred to in Article 25(3)
shall not be taken into consideration.
Article 27
An invention shall be considered as susceptible of industrial application, if by means of that invention
a product may be made or a process may be used, in a technical sense, in any kind of industry,
including in agriculture.
Article 28
The following in particular shall not be regarded as inventions within the meaning of Article 24:
    (i) discoveries, scientific theories and mathematical methods,
   (ii) aesthetic creations,  (iii) schemes, rules and methods for performing mental acts, doing business or playing games,
  (iv) creations, whose incapability of exploitation may be proved under the generally accepted and
recognised principles of science,
    (v)  programs for computers,
   (vi)  presentations of information.IP/N/1/POL/I/2
Page 8
Article 29
Patents shall not be granted for:
     (i) inventions whose exploitation would be contrary to public order or morality; the exploitation
shall not be deemed to be so contrary merely because it is prohibited by law,
    (ii) plant or animal varieties or essentially biological processes for the production of plants oranimals; this provision does not apply to microbiological processes or the products thereof,
   (iii) methods for treatment of the human or animal body by surgery or therapy or diagnostic
methods applied on human or animal bodies; this provision shall not apply to products, and in
particular to substances or compositions applied in diagnostics or treatment.
Article 30
A right holder may obtain a patent for an improv ement or an addition to the invention, where such
improvement or addition has the characteristics of an invention but cannot be applied separately
(patent of addition). A patent of addition may also be obtained for a patent of addition already
granted.
Chapter 2
Filing of Patent Applications
Article 31
A patent application by means of which patent protection is sought shall contain:
     (i) a request at least containing indications concerning the applicant, the definition of the subject-
matter of the patent application and a petition for the grant of a patent or of a patent of addition,
    (ii) a description of the invention disclosing its nature,
    (iii) one or more claims,    (iv) an abstract.
2. The patent application, referred to in paragraph (1), shall also contain drawings when they are
necessary for the understanding of the invention.
3. The patent application, which contains at least a request and parts which appear to be a description
of the invention and a patent claim or claims, shall be capable of being deemed to have been filed.
4. If the Patent Office finds that in a patent application some elements, referred to in paragraph (3),
are missing, it shall fix a time limit for completing th e application, failing which the proceedings shall
be discontinued; the date of receipt of the last mi ssing document shall be considered to be the actual
filing date.
5. If in the patent application drawings are missing, to which the applicant refers, the Patent Office
shall fix a time limit for furnishing them; a date of receipt thereof shall be considered to be the actual
filing date. Where the applicant fails to furnish the drawings, the reference to the drawings shall bedeemed not to have been made.
Article 32
Where the applicant is not the inventor, he shall be obliged to name the inventor in the request and
state the grounds on which his own right to a patent is based.
Article 33
1. The description referred to in Article 31(1)(ii) shall disclose the invention in a manner sufficiently
clear and complete for it to be carried out by a person skilled in the art. In particular, the description
shall contain the title of the invention designating the subject matter of the invention, specify thetechnical field to which the invention relates, as well as indicate the background art known to the
applicant; it shall also present the invention in a detail manner, describe the figures in the drawings (if
any), and indicate the way or ways of carrying out or exploiting the invention claimed using
examples.IP/N/1/POL/I/2
Page 9
2. If for the purpose of carrying out the invention the presentation of a microorganism is necessary,
which is neither available to the public nor is capable of being described in a complete manner, the
presentation thereof to this extent may be made by reference to a microorganism deposited in a
depositary institution recognised under an international agreement or in a national depositary
institution, which fulfils the requirements referred to in Article 35(3) and is mentioned by thePresident of the Patent Office in a communication published in the Official Gazette of the Republic of
Poland “Monitor Polski”.
3. The patent claims referred to in Article 31(1)(iii) shall be entirely supported by the description and
shall define, in a clear and concise manner, the invention claimed and the scope of the protection
sought (a characterising portion of the claim) by  way of indicating the technical features of the
solution. Paragraph (2) shall apply accordingly.
4. In addition to an independent claim or independent claims, which should present the combinationof the technical features of the invention or a group of inventions covered, according to Article 34, by
one patent application, in one patent application a relevant number of dependent claims may be
included, which are necessary to present various elaborations of the invention or to specify the
features indicated in an independent claim. Each claim should be drafted in a clear manner and in one
sentence only. Interrelations between an independent claim and dependent claims shall be clearlyreflected in the application.
5. The abstract, referred to in Article 31(1)(iv), shall contain concise and clear indications, which
define the subject-matter and characteristic technical features of the invention, and the indication of its
intended purpose, if it is not clearly implied by the subject-matter itself. Paragraph 2 shall apply
accordingly.6. The drawings, referred to in Article 31(2), shall reproduce the subject-matter of the invention,
together with the description and patent claims, in a readable form and formulate it in a schematic
manner with the omission of any descriptive parts, except for single words, if necessary. The
application may contain a number of sheets with drawings. One sheet may contain more than one
figures, but clearly separated one from another.
Article 34
1. The patent application shall relate to one invention only or to a group of inventions so linked as to
form a single general inventive concept (unity of invention).
2. A group of inventions claimed in one and the same patent application shall be considered to fulfil
the requirement of unity of invention, if a relationship among those inventions involves one or more
of the same or corresponding technical features  from among those, which define the claimed
inventions and a contribution which they make over the prior art.
Article 35
1. An applicant wishing to take advantage of the priority of an earlier application shall be required to
make, in a request, a declaration to that effect in a form of a statement and enclose a document inconfirmation that the earlier patent application was filed in the indicated country or certifying that the
invention was exhibited at the indicated exhibition. The document concerned may also be furnished
within three months of the filing date. In case of late furnishing of the said declaration or document,
the priority claim shall be without effect.
2. If, for the purpose of describing an invention in a complete manner, a reference to a depositedmicroorganism has been made in the patent application, the applicant shall be required to enclose a
certificate issued by the relevant depositary institution in confirmation that the deposit has been made
therein. The certificate may also be furnished within six months of the filing date. In case of late
furnishing of the said certificate, the deposit of the microorganism shall not be considered equivalent
to its disclosure in the application.3. For the purpose of enabling the deposit to be reco gnised as fulfilling the requirements of disclosure
of the invention, a depositary institution shall ensure that the deposit is available to third parties in the
course of patent granting proceedings and at least throughout the duration of the patent.IP/N/1/POL/I/2
Page 10
Article 36
An applicant shall be required to attach to a patent application also documents or declarations other
than those specified in Articles 31, 32 and 35, if they are found necessary for supporting the
statements or requests contained in the application. All the elements making up the patent application
may be furnished in one copy only, except for the description, the patent claims, the drawings and theabstract, which are to be furnished in as many copies and in a form as reasonable for the purpose of
the proceedings and for making the files uniform.
Article 37
1. Until such time as a decision is taken on the grant of a patent, the applicant may, subject to
paragraph (2), make additions and corrections to his application, provided that such additions or
corrections do not extend the subject matter disclosed in the description of the invention beyond thecontent of the application as filed.
2. The alteration of the patent claims resulting in the extension of the scope of protection originally
sought may only be made until the time of publication of the application and subject to the restriction
referred to in paragraph (1) above.
Article 38
During the examination of the patent applicati on or within two months from the date on which a
decision to refuse a patent becomes final, the applicant may request utility model protection. The
utility model application shall be deemed to have been filed on the filing date of the original patent
application.
Article 39
1. Where a patent application has been filed in breach of the provision governing unity of invention,
separate patent applications subsequently filed at the invitation of the Patent Office (divisional
applications) shall be deemed to have been filed on the filing date of the original application. 2. Paragraph (1) shall apply accordingly, where the applicant files divisional applications without
having been invited by the Patent Office to do that and even if the original application complies with
the requirement of unity of invention.
Article 40
An invention for which a Polish legal person or a Polish national, having his domicile on the territory
of the Republic of Poland, wishes to seek patent protection in another country, may only be appliedfor protection in that country, when first has been applied for with the Patent Office.
Chapter 3
Examination of Patent Applications
Article 41
1. Upon receipt of a patent application, the Patent Office shall accord a serial number to it,
acknowledge the date of actual receipt and notify the applicant accordingly.
2. In the instances referred to in Article 13(4) and (5) and Article 31(4) and (5), the date of filing ofthe application shall be acknowledged by way of order.
Article 42
1. As from the receipt of the patent application filed in accordance with Article 31(3)-(5) and
throughout the patent granting proceedings, the Patent Office shall, Subject to paragraph (2), invitethe applicant, by way of orders, to complete the application or to remedy any identified omissions or
serious defects within a fixed time limit, failure which shall result in discontinuance of the
proceedings.IP/N/1/POL/I/2
Page 11
2. Where it has been revealed that the application was filed in breach of the provision governing unity
of invention, the Patent Office shall invite the applicant to file divisional applications.  Failure to
receive the divisional applications by the Office within the fixed time limit shall result in recognising
the original application as relating to the invent ion first mentioned in the claims, other inventions
being considered to have been withdrawn.
Article 43
1. Subject to paragraphs (2) and (3), the Patent Office shall publish the particulars of the patent
application filed immediately after the expiry of eight een months from the date of priority to obtain a
patent. The applicant may, within a period of twelve months from the date of priority, request
publication at an earlier date.
2. The particulars of the patent application shall not be published where:    (i) the application relates to a secret invention, or
    (ii) before the publication a final decision has been taken on discontinuance of the proceedings or
on refusal to grant a patent.
3. Where in the cases referred to in paragraph (2), the reasons for non-publication of the particulars of
the patent application cease to exist, the Patent Office shall publish the particulars of the applicationimmediately after the proceeding has been initiated or resumed.
Article 44
1. As from the date of publication, referred to in Article 43(1), third parties may inspect the
application specification containing the description of the invention, the patent claims and thedrawings included in the application documents. Su ch persons may, within six months from the date
of publication, submit to the Patent Office any observations as to the existence of grounds that may
cause a patent to be denied.
2. Any amendments to the patent claims made until the time of publication shall be introduced in the
specification referred to in paragraph (1), together  with the indication of the date of making thereof.
Article 45
1. During a period preceding the publication of the particulars of a patent application filed, the files
relating to the application may not be disclosed or made available to unauthorised parties without the
applicant’s consent.
2. Where in the request for a patent the applicant gives his consent, the Patent Office may only make
available to third parties the information on the filing of the application, while disclosing its number,the filing date, the title of the invention and the applicant’s name.
3. During the examination of the patent application the Patent Office may, without the applicant’s
consent, seek opinions, as necessary. Anyone involved in the preparation and the issue of such
opinions shall be obliged not to disclose the data concerning the application.
Article 46
1. As reasonable, the Patent Office may, when ascertaining that the statutory requirements for the
grant of a patent are satisfied, invite the applicant to furnish, within a fixed time limit and under pain
of discontinuance of the proceedings, documents and explanations relating to the application, as well
as to make specified corrections or additions in the documents making up the application and tofurnish drawings which, although not essential for a better understanding of the invention, however
are needed for the purpose of proper presentation of the invention or are for other reasons necessary.
2. Paragraph (1) shall apply accordingly, where after the start of patent granting proceedings the
applicant has made additions or corrections in the application documents that are prohibited by this
Law.3. Subject to paragraph (4), the Patent Office may make corrections in the documents making up the
application only to the extent as necessary to rectify obvious mistakes or language errors.
4. The Patent Office may also make corrections in the abstract other than those specified in
paragraph (3).IP/N/1/POL/I/2
Page 12
Article 47
1. For each patent application, the particulars of which are to be published, the Patent Office shall
draw up a search report containing the citations of the documents which may be taken into
consideration in evaluating the invention claimed in the application.2. Immediately after it has been drawn up, the search report referred to in paragraph (1) shall be
transmitted by the Patent Office to the applicant.
Article 48
The Patent Office shall, by way of order, decide on refusal to grant earlier priority in whole or in part,
if it has been revealed that:
    (i)  the applicant is not entitled to enjoy the earlier priority right, or    (ii) a patent application filed abroad, of which priority is claimed by the applicant, is not the first
application within the meaning of Article 14, or
   (iii)  the exhibition, the display at which serves as a basis for claiming priority by the applicant, does
not meet the requirements specified in Article 15, or
    (iv) the invention applied for protection with the Patent Office or the relevant part thereof differsfrom the invention, to which the applicant has the right of priority, or
     (v) the applicant has failed to observe the time limits prescribed for filing an application pursuant
to Articles 14 and 15, or the time limit for furnishing a priority document or other documents or
declarations required for the purpose of obtaining the priority right, or
     (vi) the applicant has furnished a declaration of priority of an earlier application in breach of theprovision of Article 35.
Article 49
1. Subject to paragraph (2), if the Patent Office ascertains that the statutory requirements for the grantof a patent are not satisfied, it shall make a decision on refusal to grant a patent.
2. Before the Patent Office makes the decision referred to in paragraph (1), it shall fix a time
limit, within which the applicant may comment on collected evidences and documentsbetraying the existence of grounds that may cause  a patent to be denied. The evidences and
documents may go beyond the list of the c itations contained in the search report.
Article 50
1. Subject to paragraph (2), the provisions of Ar ticle 49 shall also apply, where the statutory
requirements for the grant of a patent are not satisfied only in respect of a part of the
application and the applicant refrains from reducing the scope of the protection sought.
2. Where the statutory requirements for the grant of a patent are not satisfied only in respect
of some of the inventions cove red by one application and the applicant refrains from reducing
the scope of the protection sought, the Patent Office shall grant a patent for those inventions
which satisfy the statutory requirements for the gr ant of a patent and refuse to grant a patent
in respect of the remaining part; it shall also decide on making the relevant amendments in
the application specification as filed.
Article 51
The Patent Office may choose to make the deci sion referred to in Article 49(1) before the
particulars of the a pplication are published.IP/N/1/POL/I/2
Page 13
Article 52
1. Where the Patent Office ascertains that the statutory requirements for the grant of a patent are
satisfied and the time limit referred to in Article 44(1) has expired, it shall decide on the grant of a
patent.
2. A patent shall be granted subject to payment of a fee for the first protection period. Failure to paythe fee within the prescribed time limit shall result in declaring by the Patent Office that the decision
on the grant of the patent has lapsed.
Article 53
The grant of a patent shall be recorded in the Patent Register.
Article 54
1. The grant of a patent shall be evidenced by the issue of letters patent.
2. The patent specification consisting of the description of the invention, the claims and drawings
shall constitute an integral part of the letters patent. The patent specification shall be published by the
Patent Office.
Article 55
1. Any rectification of the patent specification may only be made to remedy obvious mistakes or
misprints.
2. In its decision on rectification the Patent Office shall determine, at the same time, whether
and to what extent:    (i) the patent specifi cation is to be re-published;
    (ii) the right holder should bear the cost of the republication of the specification.
3. Communication of the rectifi cation shall be published in th e official gazette “Wiadomo ści
Urzędu Patentowego”.
Chapter 4
Secret Inventions
Article 56
1. An invention made by a Polish national may be considered to be a secret invention, if it concerns
national defence or the security of the State.
2. The following, in particular, are inventions concerning national defence: new categories of
weapons or military equipmen t and methods of combat.
3. The following, in particular, are inventions c oncerning the security of  the State: technical
means applied by civil services authorised  to carrying out actions and reconnoitring
operations, as well as new categories of equipm ent and matériel, and methods of use thereof
by the said services.
Article 57
1. A secret invention shall constitute a State secret.2. Secrecy of an invention in the field of nationa l defence or the security of the State shall be
determined, respectively, by a minister competent in national defence, a minister competentin internal affairs or by the Chief of the State Protection Office.
Article 58
1. A secret invention may be applied for prot ection with the Patent Office only for the
purpose of claiming priority to obtain a pate nt. Throughout the period where the inventionIP/N/1/POL/I/2
Page 14
applied for protection remains se cret, the Patent Office shall refrain from processing that
application.2. Paragraph (1) shall apply accordingly, wher e a decision on the secrecy of the invention is
issued after the receipt of the application by the Patent Office,.
Article 59
1. The right to a patent for a secret invention a pplied with the Patent Office for the purpose of
claiming priority shall be transferred, against compensation, to the State Treasury represented
by a minister competent in national defence, a minister competent in internal affairs or by theChief of the State Protection Office, respectively.2. The amount of the compensation referred to  in paragraph (1) shall be determined in
proportion to the market value of the invention.3. If the parties have failed to agree on th e amount and the terms of payment of the
compensation referred to in paragraph (1), the said compensation determined by a ministercompetent in national defence, a minister competent in internal affairs or by the Chief of theState Protection Office, respectively, shall be  payable yearly from the funds of the State
budget in total or in instalments, how ever for no longer than five years.
Article 60
1. A minister competent in national defence, a minister competent in internal affairs or the
Chief of the State Protection Office, respectively, shall decide whether the invention hasceased to be secret. In that case, the Patent Office shall, at the request of a competentauthority, initiate or resume the patent granting proceedings, provided that the 20-year periodcounted from the date of filing of the i nvention for protection has yet not expired.
2. After the period referred to in paragraph (1 ) has expired, applicati ons relating to secret
inventions shall be deemed  not to have been filed.
Article 61
The Council of Ministers shall, by way of re gulation, determine the cat egories of inventions
which fall within the sphere of national defe nce or the security of the State procedures
applied in respect of such inventions both before ascertainment by a competent authoritywhether or not said inventions are secr et and after deciding on their secrecy.
Article 62
1. To the extent as agreed between the authorities concerned, the Patent Office shall
communicate to a minister competent in national defence, a minister competent in internalaffairs or to the Chief of the State Protection Office, lists of the inventions filed concerningnational defence or the security of the State as well as, at the request of these authorities, thedescriptions and drawings thereof. The provi sion of Article 45(3), second sentence, shall
apply accordingly.2. The files of the application relating to a secret invention may be made available to partiesduly authorised by a minister competent in national defence, a minister competent in internalaffairs or to the Chief of the State Protection Office.IP/N/1/POL/I/2
Page 15
Chapter 5
Patents
Article 63
1. A patent shall confer the exclusive right to exploit the invention, for profit or for professionalpurposes, throughout the territory of the Republic of Poland.
2. The scope of the protection sought shall be determined by the claims contained in the patentspecification. The patent specification and drawings may be used to interpret the claims.
3. The term of a patent shall be 20 years c ounted from the date of filing of the patent
application with the Patent Office.
Article 64
1. A patent granted for a process of manufacture shall also cover products directly obtained by means
of that process.
2. In the case of new products, or where the ri ght holder proves that he was unable through
reasonable efforts to identify the process of ma nufacture actually used by another person, the
product which may be obtained by means of the patented process shall be deemed to have
been obtained by that process.3. In the case referred to in paragraph (2), in  the adduction of proof to the contrary, the
legitimate interests of defendants in protecting their manufacturing and business secrets shallbe taken into account.
Article 65
A patent granted for an invention relating to the use of a substance comprised in the state of the art for
the purpose of obtaining a product eligible for a new use, shall also cover products intentionally
prepared for such use by means of that invention.
Article 66
1. The patent holder shall have the right to pr event any third party not having his consent
from exploiting his invention for profit or for professional purposes by way of performing theacts consisting of:     (i)  making, using, offering, putting on the market a product that is the subject matter ofthe invention, or importing the product for such purposes,  or     (ii) employing a process that is the subject matter of the invention, as well as using,
offering, putting on the market or importing fo r such purposes the product directly obtained
by that process.2. The patent holder shall have the right to au thorise (license) another party to exploit his
invention (license agreement).
Article 67
1. The patent may be assigned or be subject to succession.
2. The transfer contract shall be in writing on pain of invalidity.
3. The transfer of a patent shall be binding on third parties as from the date of its entry in thePatent Register.
Article 68
1. The patent holder or the licensee may not abus e his rights, in particular by preventing the
invention from being exploited by a third party,  if such exploitation is necessary for the
purpose of meeting home market demands and is  particularly dictated by public interestIP/N/1/POL/I/2
Page 16
considerations, and consumers are supplied w ith the product in insufficient quantity or of
inadequate quality, or at  excessively high prices.
2. Preventing third parties from exploiting the invention within a period of three years fromthe date of the grant of the patent shall not be  considered the abuse of rights, referred to in
paragraph (1).3. The Patent Office shall have the right to request a patent holder or a licensee to submit anyexplanations as to the scope of the expl oitation of the invention for the purpose of
establishing whether or not the patent is abused.4. The provisions of paragraphs (1) and (2) shall not prejudice the provisions on
counteracting monopolistic practices.
Article 69
1. The following shall not be considered an infringement of a patent:
     (i) the exploitation of an invention c oncerning means of transport or their parts or
accessories, temporarily located on the territo ry of the Republic of Poland, or concerning
articles which are in transit through its territory;     (ii) the exploitation of an invention for national purposes, to a necessary extent, without
the exclusive right, where it is has been found indispensable to preven t or eliminate a state of
emergency relating to vital interests of the State, in particular to security or public order;    (iii) employing of an invention for search and experimental purposes, for the evaluationthereof, analysis or teaching;    (iv) the exploitation of an invention to  a necessary extent, for the purpose of performing
the acts as required under the provisions of la w for obtaining registra tion or authorisation,
being, due to intended use thereof, requisite for certain products to be allowed for putting
them on the market,  in particular  those being pharmaceutical products;
    (v)  the extemporaneous preparation of a medicine  in a pharmacy on a physician’s
prescription.2. Depending on the circumstances involved, a decision on taking the invention for
exploitation in the cases referred to in paragraph (1)(ii), shall be taken by a competentminister or a Voivode and immediately communicat ed to the patent holder. In the decision,
the scope and duration of the exploitation of the invention sh all be determined.
3. The decision referred to in paragraph (2) shall be liable to complaint lodged in theSupreme Administration Court.4. The person whose invention is exploited fo r national purposes shall have the right to
compensation payable from the State budget funds  of an amount corresponding to the market
value of the license.5. Grant of the registration or the authorisati on referred to in paragraph (1)(iv) shall be
without prejudice to civil liability for putting on the market of a product without the patent
holder’s consent, where such consent is required.
Article 70
The rights conferred by a patent shall not ex tend to acts concerning a product embodying the
invention or manufactured by means of the inve ntion, consisting in par ticular of its offering
for sale or putting on the market, if that produc t has lawfully been put on the market on the
territory of the Republic of Poland by the patent holder or with his consent. It is neitherconsidered an infringement of a patent impor tation of a product manufactured by means of
the invention or obtained by the patented proce ss, if that product has lawfully been put on theIP/N/1/POL/I/2
Page 17
market on the territory of a state, with which the Republic of Poland has concluded an
agreement on the establishment of a free trade area.
Article 71
1. Any person who, at the date determining the priori ty for the grant of a patent, has exploited the
invention on the territory of the Republic of Poland in good faith, may continue to exploit it in his
enterprise free of payment to the extent to which he had previously exploited the invention. This right
shall also belong to a person who at the same date had already made substantial preparations for theexploitation of the invention.
2. The rights referred to in paragraph (1) sh all, at the request of the person concerned, be
recorded in the Patent Register. The rights ma y be transferred to another party only together
with the enterprise.
Article 72
1. A joint patent holder may, without the consent of the other joint holders, exploit the invention
himself and enforce his claims in the event of infringement of the patent.
2. Unless the agreement stipulates otherwise, where one of the join t holders makes profits
from the exploitation of the invention, each of  the other joint holders shall be entitled to
receive an adequate part, proportional to his shar e in the patent, of one fourth of the profits so
obtained after deduction of the expenses incurred.3. Unless the contract on joint ownership of th e patent stipulates ot herwise, in cases not
covered by paragraphs (1) and (2), the provisi ons of the Code of Civil Law governing joint
ownership in fractional part s shall apply accordingly.
4. The provisions of paragraphs (1)-(3) shall apply accordingly to the joint right to the patent.
Article 73
A patent holder may indicate, in particular by means of marking products with an appropriate sign,
that his invention enjoys patent protection.
Article 74
Where a patent application has been filed or a patent obtained by a person not entitled thereto, the
entitled person may demand that the patent granting proceeding be discontinued or the patent granted
be revoked. He may also demand that a patent be granted in his favour or that the patent already
granted be transferred to him against reimbursement of the incurred costs of filing of the application
or of granting the patent.
Article 75
1. A person who, acting in good faith, was granted or acquired the patent subsequently transferred to
the entitled person under Article 74, or, being in good faith, acquired a license and has exploited the
invention for at least one year before a proceeding for transfer of the patent has been instituted, or
within that period has made substantial preparat ions necessary for exploiting the invention, may,
subject to payment in favour of the entitled person of compensation at the amount as determined,
continue to exploit that invention in his enterprise to the extent to which he had exploited it at the date
of instituting that proceeding.
2. The right to exploit the invention, referred to in paragraph (1) shall, at the request of the
person concerned, be recorded in the Patent Re gister. The right may be transferred to another
party only together with the enterprise.
Chapter 6
License ContractsIP/N/1/POL/I/2
Page 18
Article 76
1. The license contract shall be in writing on pain of invalidity.
2. In a license contract restricted exploitation of the invention may be provided for (restricted
license). Unless the license contract provides fo r the restricted explo itation of the invention,
the licensee shall have the right to exploit the invention to the same extent as the licensor (fulllicense).3. The license shall terminate at the latest on the lapse of the patent. The parties shall be freeto provide for a longer duration of the contract  in respect of the provisions other than those
governing the license, and in particular those involving payable services necessary for the
purpose of exploiting the invention.4. Unless in a license contract the exclusive exploitation of the invention in a specific manneris reserved, the grant of a license to one party shall not prevent other parties from beinggranted a license, as well as the patent holder from concurrent exploiting of the invention at
(non-exclusive license).5. A licensee may grant a further license (sub- license) only with the patent holder’s consent;
grant of further sub-licenses shall not be permitted.6. The license shall, at the request of the interested party, be recorded in the Patent Register.The holder of an exclusive license recorded in the Register may, to the same extent as thepatent holder, enforce his claims in the event of infringement, unless the license contractstipulates otherwise.
Article 77
Unless otherwise agreed in the license contract, th e licensor shall be required to transfer to the
licensee all the technical know-how as necessary to ex ploit the invention that is available to him at the
time of concluding the contract.
Article 78
Where a licensed patent is transferred, the license co ntract shall be binding on the successor in title.
Article 79
Unless otherwise agreed between the parties, the provisions on license contracts shall apply
accordingly to contracts for exploitation of an invention applied for protection with the Patent Office
and for which no patent has as yet been granted, as well as to contracts for exploitation of an
invention not applied for protection but being company’s know-how.
Article 80
1. A patent holder may submit to the Patent Office a declaration of licenses of the right to exploit the
invention (open license). The declaration shall be irrevocable and non-liable to change.
2. Submission of the declaration referred to in paragraph (1) shall be recorded in the Patent
Register.3. Where the declaration of open license is submitted, renewal fees due for patent protectionshall be reduced by one half. The same shall also apply to a single renewal fee or a fee forfirst protection period, if the fee so reduced is received together with the declaration at the
latest at the prescribed term.4. An open license shall be full and non-exclus ive, and a royalty may not exceed 10 percent
of the profits obtained by the licensee in each year of exploiting the invention, after deduction
of the expenses incurred.IP/N/1/POL/I/2
Page 19
5. An open license shall be acquirable by way of:
     (i) conclusion of a license contract, or
    (ii) starting to exploit the invention without entering into, or before the conclusion of, negotiations;
in that case the licensee shall be obliged to inform the licensor of that fact in writing within one month
of the date of start to exploiting the invention.
6. Unless the license contract stipulates otherwise, the licensee shall pay the maximal royalty provided
for in paragraph (4) within one month from the end of each calendar year in which the licensee hasexploited the invention, unless a royalty in a lower amount is provided for in the licensor’s
declaration.
Article 81
Unless otherwise stipulated in a contract for research work or in another contract of similar effect, the
person carrying out the work shall be deemed to have granted a license for exploiting the inventions
contained in the results thereof transferred to the commissioning party (implied license).
Chapter 7
Compulsory license
Article 82
1. The Patent Office may grant authorisation to exploit a patented invention of another person (a
compulsory license), where:
     (i) it is necessary to prevent or eliminate a state of national emergency, in particular in the field of
defence, public order, the protection of human life and health, as well as the protection of naturalenvironment, or
     (ii) it has been established that the patent has been abused within the meaning of Article 68, or
    (iii) it has been established that the patent holder enjoying the right of priority of an earlier
application (the earlier patent) prevents, by refusing to conclude a license contract, the meeting of
home market demands through the exploitation of the patented invention (the dependent patent),whose exploitation would encroach upon the earlier pa tent; in such case, the holder of the earlier
patent may demand that an authorisation be given to him for the exploitation of the invention that is
the subject matter of the dependent patent (cross-license).
2. The grant of a compulsory license for the exploitation of an invention in the case referred to in
paragraph (1)(iii) shall be conditional upon ascertainment that the exploitation of the invention that isthe subject matter of the dependent patent, where the both inventions concern the same subject matter,
involves an important technical advance of considerable economic significance. In case of an
invention concerning semi-conductor technology, a compulsory license may only be granted to
counteract unreasonable anti-competitive practices.
3. Where the Patent Office reveals that the patent is abused within the meaning of Article 68, it may
decide that a compulsory license may be applied for and shall announce this in “ Wiadomo ści Urzędu
Patentowego” .
4. A compulsory license may be granted, if the applying party is able to prove that it has earlier made,
in good faith, efforts to obtain a license. This requirement may be waived in the case of a compulsory
license to be granted for the purpose of preventing or eliminating a state of national emergency or
where it is announced that a compulsory license may be applied for.
5. Where it is announced that a compulsory license may be applied for, waiver of the requirementreferred to in paragraph (4) shall not be applicable in respect of applications for the grant of a license
submitted after the expiration of a period of one year counted from the date of that announcement.IP/N/1/POL/I/2
Page 20
Article 83
The compulsory license shall be non-exclusive.
Article 84
1. The person exploiting the invention under a compulsory license shall be obliged to pay a royalty to
the patent holder.
2. The Patent Office shall determine the scope and duration of a compulsory license, the detailed
terms and conditions of its exercise, as well as the amount, in proportion to the market value of the
license, of the royalty and the manner and time limits of payment.
Article 85
A compulsory license may only be transferred together with the enterprise or with that of its part, in
which it is worked. A compulsory license relating to the earlier patent may only be transferred to a
third party together with the dependent patent.
Article 86
When reasonable in specific circumstances, the decision on the grant of a compulsory license may, at
the request of the interested party, be changed, in part relating to the scope and duration of the license
or to the amount of the royalty, two years after it was taken.
Article 87
Compulsory licenses and cross-licenses shall, at the request of the interested party, be entered in the
Patent Register.
Article 88
The provisions on the grant of a compulsory license in the case referred to in Article 82(1)(iii) shall
apply accordingly to a utility model, whose exploitation would encroach upon the earlier patent.
Chapter 8
Invalidation and Lapse of the Patent
Article 89
1. A patent may be declared invalid in whole or in part at the request of any person having a
legitimate interest therein, who is able to prove that the statutory requirements for the grant of a patenthave not been satisfied.
2. The General Prosecutor of the Republic of Poland or the President of the Patent Office may, in the
public interest, request that a patent be invalidated or intervene in an invalidation action already
pending.
Article 90
1. A patent shall lapse on:
    (i) the expiration of the period for which it has been granted,  or
   (ii) the surrender of the patent by the patent holder before the Patent Office, with the consent of the
parties having rights in the patent, or   (iii) failure to pay, in the prescribed time limit, of a renewal fee, or
   (iv) the invention becoming irreversibly unfeasible for exploitation due to the lack of access to the
micro-organism, which is needed for that purpose, however it ceased to be accessible and became
unfeasible for reproduction on the basis of the description.
2. In the cases referred to in paragraph (1)(ii)-(iv), the Patent Office shall make decisions on the lapseof a patent.
3. Subject to paragraph (4), a patent shall lapse on a date, on which an event has occurred that is
considered under this Law as giving rise to the lapse of the patent. The date of the lapse of the patent
shall be confirmed in a decision.IP/N/1/POL/I/2
Page 21
4. In the case of failure to pay a renewal fee within the prescribed time limit, a patent shall lapse on a
day on which a preceding period of protection expires.
Article 91
Patents of addition shall cease to have effect together with a basic patent. Where a basic patent ceases
to have effect for a reason which does not affect the invention that is the subject matter of a patent of
addition, the patents of addition of the basic patent shall become regular patents and continue to have
effect for the period for which the basic patent was granted.
Article 92
Invalidation or lapse of a patent shall be recorded in the Patent Register.
Article 93
The Prime Minister shall, by way of regulation, determine the detailed requirements to be satisfied by
a patent application, the detailed rules and procedure to be applied in the course of processing and
examination of patent applications at the Patent Office including, in particular, the manner and form
of publication of patent applications, the extent to which the Patent Office is authorised to makecorrections in abstracts, as well as the form in which search reports are to be established, and the
manner and term of making them available to third parties. The requirements to be satisfied by patent
applications may not be determined in such a way as to encumber the applicant with excessive and
unreasonable impediments.
Part III
Utility Models and Rights of Protection
for Utility Models
Article 94
1. Any new and useful solution of a technical nature affecting shape, construction or durable assembly
of an object shall constitute a utility model.
2. A utility model shall be considered a useful solution if by means of that solution a practical effect is
attainable, expedient in the process of manufacturing or exploitation of the product.
Article 95
1. For a utility model a right of protection shall be granted.
2. A right of protection shall confer the exclusive right to exploit the utility model for profit or for
professional purposes throughout the territory of the Republic of Poland.
3. The term of a right of protection shall be 10 years counted from the date of filing of a utility model
application with the Patent Office.
Article 96
The scope of the right of protection shall be determined by the claims contained in the utility model
specification.
Article 97
1. Subject to paragraph (2), the provisions of Articles 31 to 33 shall apply accordingly to utility model
applications.
2. A utility model application shall include drawings.
3. A utility model application may relate to one solution only.4. The requirement referred to in paragraph (3) shall not prevent an application from comprising
various forms of the product, representing the same essential technical features of the claimed
solution, as well as of the product consisting of elements inherently or functionally linked each with
another.IP/N/1/POL/I/2
Page 22
Article 98
Granted rights of protection for utility models shall be recorded in the Utility Models Register.
Article 99
1. Grant of a right of protection for a utility model shall be evidenced by the issue of a certificate of
protection.
2. The utility model specification consisting of the description of the utility model, the claims and
drawings shall constitute an integral part of the certificate of protection. The utility model
specification shall be made available to third parties and disseminated by the Patent Office.
Article 100
1. Subject to paragraph (2), the provisions of Articles: 25, 28, 29, 35-37, 39-52, 55-60, 62, 66-90 and
92 shall apply accordingly to utility models and rights of protection for utility models.
2. In the case of a utility model, the period provided for in Article 60 shall be 10 years.
Article 101
1. The Council of Ministers shall, by way of regulation, determine the categories of utility models
which fall within the sphere of national defence or the security of the State, as well as procedures
applied in respect of such utility models both before ascertainment by the competent authority
whether or not said utility models are secret, and after deciding on their secrecy.
2. The Prime Minister shall, by way of regulation, determine the detailed requirements to be satisfiedby a utility model application, the detailed rules and procedure to be applied in the course of
processing and examination of utility model applications at the Patent Office including, in particular,
the manner and form of publication of utility model applications, the extent to which the Patent Office
is authorised to make corrections in abstracts, as  well as the form in which search reports are to be
established and the manner and term of making them available to third parties; finally, the manner ofmaking available utility model specifications and disseminating them. The requirements to be
satisfied by utility model applications may not be determined in such a way as to encumber the
applicant with excessive and unreasonable impediments.
Part IV
Industrial Designs and Rights in Registration
for Industrial Designs
Article 102
1. Any new, original and capable of multiple reproduction appearance of a product, which manifests
itself in particular in the shape, the features of the outside surface, colours, lines or ornamentation,
shall constitute an industrial design.
2. An appearance of a product dictated solely by its technical function shall not constitute an industrial
design.
Article 103
An industrial design shall be considered new if, before the date according to which priority to obtain a
right in registration is determined, it has not been made available to the public in such a way as to
enable its reproduction, neither a design enjoying the earlier priority was applied for registration and
subsequently registered.IP/N/1/POL/I/2
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Article 104
An industrial design shall be considered original, if it differs distinctly from any designs already
known and its characteristic features do not result solely from the mere combination of the features of
known designs.
Article 105
1. For an industrial design a right in registration may be granted.
2. The right in registration shall confer the exclusive right to exploit the industrial design for profit or
for professional purposes throughout the territory of the Republic of Poland.
3. The term of a right in registration shall be 25 years counted from the date of filing of an industrial
design application with the Patent Office.
Article 106
1. Rights in registration shall not be granted for industrial designs whose exploitation would be
contrary to public order or morality; exploitation of an industrial design shall not be considered to be
contrary to public order merely because it is prohibited by law.
2. Subject to the exceptions provided for in this Law, rights in registration shall neither be granted forindustrial designs that include the signs referred to in Article 131(2)(ii)-(v).
Article 107
1. The right in industrial design registration shall be limited to the kind of products that are subject
matter of an application as filed.2. The scope of the right in industrial design registration shall be determined jointly by the drawing of
the design and its essential features specified in the description.
Article 108
1. Subject to paragraphs (2) and (3), the provisions of Articles 31-33 shall apply accordingly to
industrial design applications.
2. An industrial design application shall contain the drawing. An industrial design application may
also contain photographs or samples of a textile fabric.
3. An industrial design application shall not be required to contain the claims and the abstract.
4. One industrial design application may relate to individual appearances of a product having the
essential features common (forms of an industrial design).
5. One application may contain no more than ten forms of an industrial design, unless the said formstaken together constitute a complete set of products. All the forms of the industrial design contained in
one application shall be presented in a form of fi gures of the drawing referred to in paragraph (2).
Article 109
The provisions of Article 48 shall apply accordingly to the grant of priority in respect of industrial
designs. However, the Patent Office shall not check the ground for granting priority as regards the
condition referred to in Article 48(iv).
Article 110
1. After having ascertained that the industrial design application has duly been made up, the Patent
Office shall decide on the grant of a right in registration.
2. The application referred to in paragraph (1) shall not be considered to have duly been made up, if it
is in breach of the provisions of Article 106.
Article 111
A right in registration shall be granted subject to payment of a fee for first protection period. The
provision of Article 52(2), second sentence, shall apply accordingly.IP/N/1/POL/I/2
Page 24
Article 112
Granted rights in industrial designs registration shall be recorded in the Industrial Designs Register.
Article 113
During the period preceding registration of an industrial design, the Patent Office shall refrain from
giving unauthorised parties, without the applicant’s consent, any information on the application.
Article 114
1. Grant of a right in industrial design registration shall be evidenced by the issue of a certificate of
registration.
2. The industrial design specification containing: the description of the design, the drawing   and the
photographs or samples of a textile fabric, if any, shall constitute an integral part of the certificate ofregistration. The industrial design specification shall be made available to third parties and
disseminated by the Patent Office.
Article 115
1. Any act of making, putting on the market or im porting, for commercial purposes, of the products
being counterfeit of that design shall be consider ed infringement of the right in industrial design
registration.
2. Exploitation of an industrial design concerning means of transportation or their parts or accessories,
temporarily located on the territory of the Republic of Poland, or concerning articles which are in
transit through that territory, shall not be considered infringement of the right in industrial designregistration.
Article 116
Products manufactured by means of an industrial design and put on the market after the lapse of the
right in registration granted for such design shall not benefit from  the protection of author’s economicrights in a work under the provisions of the copyright law.
Article 117
1. The provisions of Article 89 shall apply accordingly to invalidation of a right in industrial design
registration.
2. The finding that the exploitation of the industrial design infringes third parties’ personal or author’s
economic rights shall also constitute a ground for invalidation of the right in registration.
Article 118
1. Subject to paragraph (2), the provisions of Articles: 35-37, 39, 41, 42, 46, 49, 50, 55, 66(2), 67, 70-
81, 90 and 92 shall apply accordingly to industrial designs and to rights in industrial design
registration.2. Changes made in an application in the course of processing thereof may not be such as to alter the
design itself and the forms thereof, as presente d in the description, in the drawing and in the
photographs.
Article 119
The Prime Minister shall, by way of regulation, determine the detailed requirements to be satisfied by
an industrial design application, the detailed rules and procedure of processing applications, including,
in particular, the manner of making available and disseminating industrial designs specifications. The
requirements to be satisfied by industrial design applications may not be determined in such a way as
to encumber the applicant with excessive and unreasonable impediments.IP/N/1/POL/I/2
Page 25
Title III
Trademarks, Geographical Indications,
Part I
Trademarks and Rights of Protection
Chapter I
Trademarks
Article 120
1. Any sign represented or capable of being represented graphically may be considered as trademark,
provided that such sign is capable of distinguishing the goods of the same kind of one undertaking
from those of other undertakings.
2.  The following, in particular, may be considered  as trademarks within the meaning of paragraph
(1): words, designs, ornaments, combinations of colours, the three-dimensional shape of goods or of
their packaging, as well as melodies or other acoustic signals.3. Any references in this Law to:
    1) trademarks shall also mean service marks,
    2) goods shall mean, in particular, industrial  or handicraft goods, agriculture products or natural
products, such as, in particular, waters, minerals, raw materials, as well as, subject to Article 174(3),
services,    3) well-known trademarks shall mean not registered trademarks.
Article 121
For a trademark a right of protection may be granted.
Article 122
1. The provision of Article 120(1) shall not prevent a sign from being considered as a trademark, if
the sign is intended for concurrent use by several undertakings who have jointly applied for the
protection thereof, provided that such use is not contrary to public interests and is not intended to
mislead the public, in particular as to the nature, intended purpose, quality, properties or origin of thegoods (joint right of protection).
2. The principles of the use of a trademark on the basis of a joint right of protection shall be
determined by the regulations governing use of trad emarks adopted by the undertakings referred to in
paragraph (1).
Article 123
1. Subject to Articles 124 and 125, priority to obtain a right of protection for a trademark shall be
determined according to the date of filing of a trademark application with the Patent Office.
2. An application shall be deemed to have been filed at the date at which it has been received by the
Patent Office or its transmission by means of fax has effected. The provisions of Article 13(iii)-(v)
shall apply accordingly to applications transmitted by means of fax.
Article 124
In the Republic of Poland, priority to obtain a right of protection for a trademark shall be available
under the rules determined by international agreements , according to the date of the first regular filing
of the trademark application, provided that the application is subsequently filed with the Patent Office
within a period of six months counted from that date.IP/N/1/POL/I/2
Page 26
Article 125
1. Priority to obtain a right of protection for a trademark shall be determined, under the rules of
international agreements, according to the date at which the goods bearing that trademark have been
displayed in Poland or abroad at an official or officially recognised international exhibition, provided
that the trademark concerned is applied for protection with the Patent Office within a period of sixmonth from that date.
2. Priority to obtain a right of protection for a trademark shall also be available, under the provision of
paragraph (1), according to the date of display of the goods bearing the trademark at a public
exhibition held in Poland, other than that specified in paragraph (1), indicated by the President of the
Patent Office in a communication published in the Official Gazette of the Republic of Poland
“Monitor Polski”.
3. The indication of exhibitions, referred to in paragraph (2), may only be made in respect of an eventhaving proved reliable, in particular where it enjoys recognised fame, long-lasting tradition or it has
been organised by a recognised organisation whose professional activity is to organise like
exhibitions.
4. Subject to the application of the conditions referred to in paragraph (3), a competent minister or
voivode may likewise take the initiative in recognising a public exhibition in Poland as that serving asa basis for claiming the priority referred to in paragraph (2).
Article 126
Where a trademark that is the subject matter of the first regular application has been affixed to the
goods earlier displayed at an exhibition and within an interval between the date of display and the dateof filing of the application it has enjoyed the provisional protection provided for in the Paris
Convention, the priority to obtain a right of protection, referred to in Article 124 and the beginning of
the period prescribed therein for filing an application with the Patent Office, shall be determined
according to the date of displaying the goods bearing this trademark at the exhibition.
Article 127
1. The priority referred to in Articles 124 and 125 (earlier priority) may be assigned and be subject to
succession.
2. A contract for the transfer of the priority referred  to in paragraph (1) shall be in writing on pain of
invalidity.
Article 128
For the purpose of claiming priority abroad the Pa tent Office shall, at the request of the applicant
filing a trademark application, issue a document in confirmation that the trademark application has
been filed with the Patent Office (priority document). The provisions of Article 19(2) shall apply
accordingly.
Article 129
1. Rights of protection shall not be granted for signs which:
     (i) cannot constitute a trademark,
    (ii) are devoid of sufficient distinctive character.
2. Subject to Article 130, the following shall be considered as being devoid of sufficient distinctivecharacter:
     (i) signs which are not capable of distinguishing, in trade, the goods for which they have been
applied,
    (ii) signs which consist exclusively or mainly of elements which may serve, in trade, to designate
the kind, origin, quality, quantity, value, intended purpose, manufacturing process, composition,function or usefulness of the goods,
   (iii) signs which have become customary in the current language and are used in fair and
established business practices.IP/N/1/POL/I/2
Page 27
Article 130
When assessing whether or not a sign is of a sufficient distinctive character, any circumstances
accompanying its use in marking the goods in trade shall be taken into consideration. Grant of a right
of protection under Article 129(1)(ii) may not be denied in particular where prior to the date of filing
of a trademark application with the Patent Office, the trademark concerned has acquired, inconsequence of its use, a distinctive character in the conditions of the regular trade.
Article 131
1. Rights of protection shall not be granted for signs, whose use:
     (i) infringes third parties’ personal or economic rights, or
     (ii)  is contrary to law, public order or morality, or
     (iii)  may mislead the public, in particular as to the nature, quality, properties of the goods or, withregard to paragraph (3), as to the origin thereof.
2. A right of protection shall not be granted for a sign, if:
     (i) it has been applied for protection with the Patent Office in bad faith,
    (ii) it incorporates the name or abbreviated name of the Republic of Poland, or its symbols
(emblem, national colours or national anthem), the names or armorial bearings of Polish voivodships,towns or communities, the insignia of the armed forces, paramilitary organisations or police forces,
reproductions of Polish decorations, honorary distinctions or medals, military medals or military
insignia, or other official or generally used distinctions and medals, in particular those of government
administration, local self-administration or social organisations performing activities in vital public
interests, where these organisations’ activities extend to the entire territory of the State or to asubstantial part thereof, unless the applicant is able to produce evidence of his right, in particular in a
form of an authorisation issued by a competent Stat e agency or a permission given by an organisation,
to use the sign in the course of trade,
     (iii) it incorporates the abbreviated names or symbols (armorial bearings, flags, emblems) of other
countries, international organisations, as well as official signs, hallmarks indicating control andwarranty adopted in other countries, if the prohibition of registration follows from international
agreements, unless the applicant is able to produce an authorisation issued by a competent authority,
which authorises him to use such signs in the course of trade,
     (iv) it incorporates officially recognised signs accepted for the use in trade, such, in particular, as:
safety marks, quality marks, hallmarks of legalisation – to the extent to which it could mislead the
public as to the nature of such signs, unless the applicant is able to prove his right to use them,
    (v)  it incorporates elements being symbols, in particular of  a religious, patriotic or cultural  nature– to the extent to which it could hurt religious feelings, sense of patriotism or national tradition,
    (vi) it constitutes a form or another feature of the goods or their packaging, which is dictated
exclusively by their nature, is necessary to achieve a technical result or it gives substantial value to the
goods.
3. In the case of wines and spirits, any trademark, which incorporates geographical elementsdiscordant with the true origin of the good, shall be considered as a trademark misleading the public.
4. A right of protection shall not be granted for a trademark that contains geographical elements
which, although literally true as to the territory, region or locality, in which the goods originate, are of
such a nature as to mislead the public by false representing that the goods originate in another territory
famous of given goods. In the case of homonymous geographical indications for wines and beers,protection shall be accorded on the condition that the subsequent applicant, who has later filed his
application alters his trademark at the invitation of the Patent Office so as to make it distinguishable
from the trademark earlier registered or applied for registration.
5. The filing, as a trademark, of a sign which is used by another person as the name under which that
person’s business activity is run, shall, in particular where the name in question is an ordinary word,not constitute an autonomous ground for refusal to grant a right of protection, where the applicant has
acted in good faith and:
    (i) the name is not used as a notorious trademark on the territory of the Republic of Poland for the
goods of the same kind, orIP/N/1/POL/I/2
Page 28
   (ii) at the date of filing of the trademark application, there were no conflicting interests due, in
particular, to a different sphere of activity, the range of activity reduced to a local territory, or
different forms of use of the both signs.
Article 132
1. A right of protection shall not be granted for a trademark in respect of goods of the same kind, if
the trademark:
    (i) is similar to a registered geographical indication, unless the applicant is entitled to use that
indication and the grant of a right of protection for the trademark is not supposed to excessively
restrain other entitled parties from using the registered geographical indication,
    (ii) is identical or similar to a trademark which, before the date according to which priority to
obtain a right of protection is determined, has been well-known and used as a trademark in respect ofthe goods of another party,
    (iii) is similar to a trademark earlier registered in the Republic of Poland, whose registration has
terminated, provided that an interval between the date of lapse of the right of protection for the
trademark and the date at which a similar trademark has been applied for by another party, is, subject
to Article 133, no longer than two years.
2. A right of protection for a trademark shall not be granted, if the trademark:
     (i) is identical to a trademark registered or applied for registration with an earlier priority date
(provided that the latter is subsequently registered) on behalf of another party for identical goods,
    (ii) is identical or similar to a trademark registered or applied for registration with an earlier prioritydate (provided that the latter is subsequently registered) on behalf of another party for identical or
similar goods, if the use of that mark is likely to mislead part of the public in particular by evoking
associations between the marks concerned,
    (iii) is identical or similar to a renown trademark registered or applied for registration with an
earlier priority (provided that the latter is subsequently registered) on behalf of another party for anykind of goods, if it without due cause would bring unfair advantage to the applicant or be detrimental
to the distinctive character or the repute of the earlier trademark. The above provision shall apply to
well-known trademarks accordingly.
3. The protection of a trademark which contains the si gns referred to in Article 131(2)(ii)-(v) or signs
which relate to the origin of the goods, shall not prevent a trademark containing the same elements
from being registered on behalf of another undertaking for the same kind of goods, provided that the
both trademarks remain easily distinguishable in the course of trade.4.  Paragraph (3) shall apply accordingly to press-titles as trademarks that contain words or
combinations of words customary used in the press-market.
Article 133
A decision on refusal to grant a right of protection shall not be made in respect of a trademark which
is similar to an earlier trademark, where the latter  has not been used within the meaning of Article
169(1)(i), (4) and (5), and a decision on the lapse of the registration has been made.
Article 134
Grant of a right of protection for a trademark in respect of specific goods shall not prevent the
undertaking from being also granted a right of protection for an identical trademark applied for
registration in good faith in respect of the identical goods or the goods of the same kind. On the
conditions provided for in Article 122, a joint right of protection may also be granted, shared by the
undertaking entitled to the earlier trademark.
Article 135
Grant of a right of protection for a trademark in respect of specific goods shall not constitute an
autonomous ground for refusal to register that trademark in respect of the goods of the same kind ofIP/N/1/POL/I/2
Page 29
another undertaking for a sole reason that the trademark contains an identical or similar sign which
refers to personal rights, in particular the owner’s name.
Chapter 2
Collective Trademarks and
Collective Guarantee Trademarks
Article 136
1. Any organisation enjoying the status of legal entity and created in order to represent interests of
undertakings, may be granted a right of protection for a trademark intended for use in the course of
trade by that organisation and entities grouped therein (collective trademark).
2. The principles of the use of a trademark in the course of trade by the organisation referred to in
paragraph (1) and by entities grouped therein shall be determined by the regulations governing use of
trademarks adopted by that organisation.
Article 137
1. Any organisation enjoying the status of legal entity, which itself refrains from using the trademark,
may be granted a right of protection for a trademark intended for use by undertakings, which followthe rules laid down in the regulations governing use of trademarks adopted by the entitled
organisation and are liable to control by that organisation to this extent  (collective guarantee
trademark).
2. A holder of the right of protection for a collective guarantee trademark may not, without important
reasons, deny the undertakings, which meet the conditions specified in the regulations referred to inparagraph (1), the right to use that trademark.
Chapter 3
Filing of Trademark Applications
Article 138
1. An application for the grant of a right of protection for a trademark shall determine the trademark
and specify the goods for which the trademark is intended. The provision of Article 31(4) shall apply
accordingly.2. One and the same application may relate to one trademark only. In the case of colour trademarks, a
sign that incorporates one arrangement of colours shall be considered as one trademark. The
provisions of Article 39 shall apply accordingly.
3. An application concerning a collective trademark, collective guarantee trademark or an application
concerning a trademark filed in order to obtain a joint right of protection shall be accompanied by the
regulations governing use of trademarks.
4. The regulations referred to in paragraph (3) shall, in particular, specify the manner of use of thetrademark, common properties of the goods for which the mark is intended, the principles of verifying
those properties, and the consequences of failure to comply with the rules of the regulations. The
regulations governing use of collective guarantee trademarks shall additionally be required to specify
the detailed conditions for and the procedure of admission by the entitled organisation of other
undertakings to use the trademark.
Article 139
An applicant wishing to take advantage of the prior ity of an earlier application shall be required to
include in his application for the grant of a right of protection a relevant declaration to that effect
together with a document in confirmation that the trademark application has been filed in the
indicated country or the product bearing the trademark has been displayed at a specified exhibition.IP/N/1/POL/I/2
Page 30
The document may also be furnished within three months from the date of filing of the application. In
case of late furnishing of such declaration or document, the priority claim shall be without effect.
Article 140
1. Until such time as a decision is taken, the applicant may make additions and corrections to his
application, provided that such additions or corrections may not alter the essential characteristics of
the trademark nor extend the list of the goods for which the trademark has been applied.
2. Subject to paragraph (1), the applicant may divide the application in respect of the indicated goods,
while preserving the date of priority.
Article 141
1. When specifying in the trademark application the goods for which the mark is intended, the
applicant shall be required to use technical terminolo gy in the Polish language and explicit terms, and
to present the list of the goods grouped according to an accepted classification system. Lists
containing more than 15 words shall be established on a separate sheet.
2. The provisions of Article 36 shall apply accordingly to the filing of trademark applications. An
application concerning a trademark presented or expressed in a specific graphical form shall includephotographic reproductions or printed copies, which represent or constitute the expression of that
mark. An application concerning a sound mark shall include the sound recorded on a recording tape.
Article 142
The Patent Office may make corrections in the documents making up the application only in order to
remedy obvious mistakes or language errors. This sh all not apply to the list of goods and classification
thereof, provided that the said corrections may not alter the scope of the protection sought.
Chapter 4
Examination of Trademark Applications
Article 143
The Patent Office shall publish a trademark applicat ion immediately after the expiration of six months
from the date of filing of that application. As from the date of publication any third parties may
acquaint themselves with the trad emark determined in the application and with the list of the goods
for which the mark is intended; they may also submit to the Patent Office their observations as to the
existence of grounds that may cause a right of protection to be denied.
Article 144
The Patent Office shall take a decision on the grant of a right of protection for a trademark after
having ascertained that the statutory requirements for the grant of the right have been satisfied.
Article 145
1. Subject to paragraph (2), where the Patent Office reveals that the statutory requirements for the
grant of a right of protection for a trademark have not been satisfied, it shall take a decision on refusalto grant the right.
2. Before the decision referred to in paragraph (1) is taken, the Patent Office shall fix a time limit,
within which the applicant is invited to react on the collected evidences and documents which imply
the existence of grounds that may cause the right of protection to be denied.
3. Where the statutory requirements are found not to have been satisfied in respect to only certaingoods and the applicant fails to reduce the list of the goods, the Patent Office shall grant the right of
protection for the goods for which it may be granted, and refuse to grant it for the remaining part
thereof.IP/N/1/POL/I/2
Page 31
Article 146
1. Where similar trademarks have been applied for registration in respect of goods of the same kind
by two or more persons enjoying the same date of priority and the trademarks in question are not
easily distinguishable, rights of protection may only be granted on the condition that alterations are
made, which enable the trademarks to be easily distin guishable in the course of trade. Failing this, the
Patent Office shall take a decision on refusal to grant the rights of protection.
2. When reasonable, the Patent Office may indicate that of the applicants who would be expected to
make alterations enabling the trademarks to be  easily distinguishable in the course of trade.
3. Satisfying of the condition referred to in paragraph (1) may not lead to the grant of a right of
protection for a trademark which is dissimilar to the trademark originally applied for protection or
affect another party’s priority to obtain a right of protection.
Article 147
1. The Patent Office shall take a decision on the grant of a right of protection after having ascertained
that the statutory requirements for the grant of a right of protection for a trademark have been
satisfied.
2. A right of protection shall be granted subject to payment of a fee for a ten-year protection period.Failure to pay the fee shall result in declaring, by the Patent Office, the decision on the grant of the
right of protection lapsed.
Article 148
The provisions of Articles: 41, 42, 44(1), 45(1), 46(1) and (2), 48 and 55 shall apply accordingly to
the examination of trademark applications.
Article 149
Granted rights of protection for trademarks shall be recorded in the Trademark Register.
Article 150
The grant of a right of protection for a trademark shall be evidenced by the issue of a certificate of
protection for a trademark.
Article 151
The right holder may indicate that his trademark has been registered by adding the letter “R” within a
circle next to the trademark.
Article 152
The Prime Minister shall, by way of regulation, determine the detailed requirements to be satisfied by
a trademark application, the detailed rules and procedure to be applied in the course of examination of
trademark applications including, in particular, the extent to which the relevant information may bedisclosed to the public after the expiration of the period referred to in Article 143 and the manner in
which it is made available, as well as the extent to which the Patent Office is authorised to make
corrections in the list of goods and their classification. The requirements to be satisfied by trademark
applications may not be determined in such a way as to encumber the applicant with excessive and
unreasonable impediments.
Chapter 5
Rights of Protection for Trademarks
Article 153
1. The right of protection shall confer the exclusive right to use the trademark for profit or for
professional purposes throughout the territory of the Republic of Poland.IP/N/1/POL/I/2
Page 32
2. The term of the right of protection shall be 10 years counted form the date of filing of a trademark
application with the Patent Office.
3. The term of protection may, at the request of the right holder, be extended in respect of all or of a
part of the goods for subsequent ten-year periods.
4. The request referred to in paragraph (3) shall be submitted before the expiration of a runningprotection period, however not earlier than one year before the expiration thereof. The request shall be
submitted together with the payment of a due protection fee.
5. The request referred to in paragraph (3) may also be submitted, against payment of an additional
fee, within six months after the expiration of a protection period. The said time limit shall be non-
restorable.
6. The Patent Office shall take a decision on refusal to extend the term of protection for a trademark,
where the request has been submitted after the expira tion of the time limit referred to in paragraph (5)
or the due fees referred to in paragraphs (4) and (5) have not been paid.
Article 154
The use of a trademark shall consist of:
    (i) affixing the trademark to the goods covered by the registration or to the packaging thereof andputting the goods on the market,
    (ii) using the trademark on business documents handled in putting the goods on the market or in
rendering services,
    (iii) using the trademark in advertising.
Article 155
1. The right of protection for a trademark shall not entitle the right holder to prevent the
goods bearing that trademark from being offere d or marketed, where the goods have earlier
been put lawfully on the market on the terr itory of the Republic of Poland. It is not
considered an infringement of a right of prot ection for a trademark importation of the product
bearing that trademark, if that product has la wfully been put on the market, by the right
holder or with his consent, on the territory of  a state, with which the Republic of Poland
concluded an agreement on the establishment of a free trade area.
2. Unless the holder of a trademark registration gives his consent on that, the goods bearing another
person’s trademark may, in the circumstances referred to in paragraph (1), be offered or marketed,
provided that the goods have not been subject of any treatment or processing.
3. Paragraph (1) shall not apply, where there exist legitimate reasons for the right holder to opposefurther commercialization of the goods, especially where the condition of the goods is changed or
impaired after they have been put on the market.
Article 156
1. The right of protection shall not entitle the right holder to prohibit third parties from using, in the
course of trade:
     (i) their names,
    (ii) indications concerning, in particular, the features and characteristics of goods, the kind,
quantity, quality, intended purpose, origin, the time of production or of expiration of usability period,
    (iii) a registered mark or a similar mark, if it is necessary to indicate the intended purpose of theproduct, in particular as far as offered spare parts, accessories or services are concerned,
     (iv) a registered geographical indication, if the right to use thereof by these parties follows from
other provisions of this Law.
2. The use of the signs referred to in paragraph (1) shall only be permitted, where it satisfies
reasonable needs of the user and of purchasers of the goods and is, at the same time, in accordance
with honest practices in industrial or commercial business, or in services.IP/N/1/POL/I/2
Page 33
Article 157
The holder of a trademark registration shall not be entitled to prohibit a third party from using that
mark or a mark similar thereto in the course of trad e, if he has refrained from using that mark within
the meaning of Article 169(1)(i), (4) and (5).
Article 158
1. The holder of a trademark registration shall not be entitled to prohibit a third party from using the
name under which he runs his business activity, provided that said name is not used for marking the
goods being the subject of that activity and no risk of misleading the public as to the origin of the
goods exists, in particular owing to a different range of activities or the use of the name being limited
to a particular locality.
2. Paragraph (1) shall not apply, where a third party, when using the name under which it runs itsbusiness activity, is in bad faith.
Article 159
1. A joint owner of a trademark registration may use the trademark in his own scope of activity and
enforce his claims for infringement of the right of protection without the other joint owners’ consent.2. To the extent as not regulated by this Law, the provisions of the Code of Civil Law governing joint
ownership in fractional parts shall apply to the join t ownership, unless the contract of joint ownership
of the right of protection stipulates otherwise.
Article 160
1. Any person who, when running a business activity locally to a narrow extent, has used in good faith
the mark subsequently registered as a trademark on behalf of another party, shall have the right to
continue to use that mark free of payment to the same extent to which he had previously used it.
2. At the request of an interested party, the right re ferred to in paragraph (1) shall be recorded in the
Trademark Register. The right may be assigned to another party only together with the enterprise.
Article 161
1. To the extent as follows from an international agreement, where a trademark has been applied for
protection by and on behalf of, or the right of protection has been granted for, an agent or a
representative of the person enjoying the exclusive right to use that trademark in another country, that
person may, if the agent or representative acted without that person’s consent, demand that the
protection granting proceeding be discontinued or the right of protection revoked. He may also
demand that the right of protection be granted on his behalf, or the right already granted transferred to
him.
2. The right may not be demanded to be revoked or transferred, where the entitled person referred to
in paragraph (1) has acquiesced, for a period of five successive years, in the use of the registered
trademark while being aware of such use.
Article 162
1. The right of protection may be assigned or be subject to succession. The provisions of Article 67(2)
and (3) shall apply accordingly.
2. The right of protection for a trademark may be assigned without the enterprise only if there existsno risk of purchasers being mislead as to the origin, quality or other characteristic features of the
goods, in particular where the vendor does not enjoy rights of protection for similar trademarks for the
goods of the same kind. The same shall apply accordingly to collective trademarks.
3. Subject to paragraph (2), the right of protection for a collective trademark may be assigned as a
joint right of protection to the undertakings grouped in the organisation referred to in Article 136. Thecontract of assignment shall determine the rules go verning the use of such trademark to the extent to
which it is practised in respect of the regulations referred to in Article 122(2).
4. Subject to paragraph (2), the right of protection for a trademark may also be assigned in respect of
certain goods for which the trademark is registered, if the goods for which the trademark remainsIP/N/1/POL/I/2
Page 34
registered on behalf of the vendor are not of the same kind. Once assigned, the right in question shall
be dealt with as independent of the right enjoyed by the vendor.
5. The contract of assignment of a share in the joint right of protection shall be valid subject to the
consent given by all of the joint owners. Paragraph (2) shall apply accordingly.
6. Paragraphs (1), (3) to (5) shall apply accordingly to  the right deriving from an application filed with
the Patent Office, for which no right of protection has yet not been granted.
Article 163
1. The holder of a trademark registration may authorise another party to use the trademark under a
concluded licence contract. The provisions of Article 76 (1) to (4) and (6), Articles 78 and 79 shall
apply accordingly to such contracts.
2. The grant of a sub-licence for the use of the trademark shall not be permissible.3. A licensee may indicate that he has been granted a licence for the use of the trademark by adding an
indication “lic.” next to the trademark.
4. In case of exercising a licence for the use of the trademark, the licensee shall, at the request of the
licensor, be obliged to indicate that he uses the trademark under the licence contract by adding the
indication referred to in paragraph (3).
Chapter 6
Invalidation and Lapse of
The Right of Protection for a Trademark
Article 164
The right of protection for a trademark may be invalidated in whole or in part at the request of any
person having a legitimate interest therein, provided that that person is able to prove that the statutoryrequirements for the grant of that right have not been satisfied.
Article 165
1. A request for invalidation of the right of protection shall not be admissible:
     (i) on the ground that it conflicts with an earlier trademark or the personal or economic rights of
the requesting party have been infringed, where the requesting party has acquiesced, for a period of
five successive years, in the use of the registered trademark while being aware of such use,    (ii) after the expiration of a period of five years from the grant of the right of protection, where the
right in question was granted in breach of the provisions of Article 129, however in consequence of its
use the trademark has acquired a distinctive character,
    (iii) on the ground that it conflicts with a well-known trademark, where the party using the well-
known trademark has acquiesced, for a period of five  successive years of the use of the registered
trademark, in the use of the latter while being aware of such use.
2. Paragraph (1) shall not apply, where the holder of the right has acquired the right in bad faith.
Article 166
1. The right of protection for a trademark may not be invalidated on a sole ground that the trademark
is similar to an earlier trademark, where the latter  has not been used within the meaning of Article
169(1)(i), (4) and (5).
2. In the case referred to in paragraph (1), an exception of non-use of the trademark may only be
raised when accompanied by a request for declaring the right of protection lapsed. The exception shall
be liable to examination jointly with the request for invalidation.IP/N/1/POL/I/2
Page 35
Article 167
The General Public Prosecutor of the Republic of Poland or the President of the Patent Office may, in
the public interest, request that the right of protection for a trademark be invalidated or intervene in an
invalidation action already pending.
Article 168
1. The right of protection for a trademark shall lapse:
      (i) on expiry of the term of protection for which it has been granted,
     (ii) on surrender of the right by the owner thereof before the Patent Office, with the consent of the
parties having their rights therein.
2. The surrender of the right, referred to in paragraph (1)(ii), may also concern only certain goods for
which the right has been granted (restriction of the list of the goods).3. The surrender of a share in the joint right shall resu lt in the transfer of the share on behalf of the
other joint owners, proportionally to their shares.
4. Subject to paragraph (3), in the case referred to in paragraph (1)(ii), the Patent Office shall take a
decision on the lapse of the right of protection.
Article 169
1. The right of protection for a trademark shall also lapse:
      (i) on failure to put to genuine use of the registered trademark for the goods covered by the
registration for a period of five successive years, unless serious reasons of non-use thereof exist,
     (ii) on loss by the trademark of distinctive features  for the reason that in consequence of theowner’s acting or negligence it has become a mark consisting exclusively of elements which may
serve, in the course of trade, for indicating, in particular, the kind,  quality, quantity, price, intended
purpose of the good, the process, time or place of its manufacturing, the composition, function or
usability of the good, in respect of the goods for which the trademark has been registered, as well as
where it has become a kind of mark that is likely to mislead the public as to, in particular, the nature,quality, characteristic features or origin of the good.
2. In the cases referred to in paragraph (1), the Patent Office shall take a decision on the lapse of the
right of protection for the trademark at the request of any party having a legitimate interest therein.
3. The General Public Prosecutor of the Republic of Poland or the President of the Patent Office may,
in the public interest, request that a right of protection for a trademark be declared lapsed or may
intervene in an invalidation action already pending.
4. Use of a trademark within the meaning of paragraph (1) shall also mean the use of a mark:    (i) in a form varying in elements which do not alter the distinctive character of the mark in the form
for which the right of protection has been granted,
   (ii) by affixing the mark to goods or the packaging thereof  solely for export purposes,
   (iii) by a third party with the right holder’s consent,
   (iv) by a party authorised to use the collective trademark or the collective guarantee trademark.5. Use of a trademark in advertising of the product, which is neither available on the market nor is
manufactured in the country for export purposes shall not be deemed to constitute genuine use.
6. Where a proceeding for declaring the right of protection lapsed is initiated, the burden of proof that
the trademark has been used or that serious reasons for non-use of the trademark exist shall be on the
holder of the right of protection.7. On the conditions laid down in paragraphs (1) to (6), as well as in case of the regulations governing
use of trademarks not being observed, a decision may be taken on the lapse of the right in respect of a
joint owner. This provision shall apply accordingly to a right of protection for a collective trademark
and collective guarantee mark.
Article 170
1. Subject to paragraph (2), the Patent Office shall dismiss a request for declaring the right of
protection lapsed in the case referred to in Article 169(1)(i), if before the submission of the request
genuine use of the mark has started or has been resumed.IP/N/1/POL/I/2
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2. Start or resumption of the use of the trademark after the expiration of an uninterrupted period of
five successive years of non-use and within a period  of three months preceding the submission of the
request for declaring the right of protection lapsed, shall be disregarded, if preparations for the start or
resumption of the use have been undertaken immediately after the right holder became aware of
possible submission of such request.3. Paragraphs (1) and (2) shall apply accordingly in the cases referred to in Article 169(7).
4. Loss of a right to use a sign or a symbol, referred to in Article 131(2) incorporated in a trademark
shall not constitute a ground for non-making a decision declaring the right of protection for that
trademark lapsed, if that sign or symbol ceased to be used in the trademark before a request for
declaring the right of protection lapsed has been submitted.
Article 171
Where the reason for the lapse of the right of protection for a trademark involves only certain goods,
the lapse of the right shall be effective only in respect of these goods.
Article 172
Subject to Article 170, a right of protection for a trademark shall terminate at a date of the occurrence
of the event, which is considered under this Law as giving rise to the lapse of the right of protection.
The date of the termination of the right of protection shall be confirmed in a decision.
Article 173
Invalidation or lapse of a right of protection shall be recorded in the Trademark Register.
Part II
Geographical Indications
Chapter 1
Preliminary Provisions
Article 174
1. For the purpose of this Law, geographical indications shall be word indications which in an explicit
or implicit manner designate the name of a place, locality, region or country (territory), which identify
a good as originating in that territory, where a given quality, reputation or other characteristic of thegood is essentially attributable to the geographical origin of that good.
2. A foreign geographical indication may only be granted protection in Poland, if it enjoys protection
in the country of its origin.
3. Any reference in this Part to goods shall not mean services.
Article 175
1. The following shall constitute geographical indications:
    (i) designations of origin  used to describe products:
originating in a specific territory, and
       (b) the properties of which are essentially or exclusively due to a particular geographicalenvironment with its inherent natural and human factors, and the production or processing of which
takes place in that territory,
     (ii) names of regions  used to describe products:
        (a) originating in a specific territory, and
        (b) the properties or other characteristics of which are essentially attributable to theirgeographical origin, that is the territory on which they are produced or processed.
2. Geographical indications shall also mean designations used to describe the products produced of
raw materials or intermediate products coming from a defined area larger that the production or
processing area, provided that special conditions for the preparation of the raw materials orIP/N/1/POL/I/2
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intermediate products exist and there are inspection arrangements to ensure that those conditions are
adhered to.
3. Subject to the conditions referred to in paragraph (2), geographical indications shall also be
geographical designations which do not correspond to the true place, in which the product originates,
or other traditional designations, if they are normally used in respect of the goods originating in adefined area.
Chapter 2
Filing and Processing of Applications
Concerning Geographical Indications
Article 176
1. An application concerning a geographical indication shall include:
     (i) a detailed  description of the indication and of the elements with which it is to be used in the
course of trade, such as labels and the packaging,    (ii) the specification of the goods for which the indication is intended,
    (iii) the detailed delimitation of the area, to which it relates,
    (iv) a description of the characteristic features or properties of the products as originating in the
defined area,
     (v) the conditions of the use of the geographical indication, including: the production process, thecharacteristic features or properties of the products, other requirements to be fulfilled by the persons
wishing to use that indication and, where applicable, the inspection arrangements,
     (vi) the specification of the undertakings which use or intend to use the indication.
2. An application may be filed by an organisation entitled to represent interests of the producers
running their business activities on a given territory.3. The organisation referred to in paragraph (2) shall be required to attach to the application
concerning the geographical indication a certificate confirming its title to act.
4. An application may also be filed by a state or local administration agency competent in respect of
the territory, to which the geographical indication relates.
5. In the cases referred to in paragraphs (2) and (4), persons applying for registration of foreign
geographical indications shall be required to refer to, or to complete the application with, a document
confirming that the indication is provided protecti on in the country of its origin. In particular, any
international agreement under which geographical indications are protectable may be considered as
such confirmation document.
Article 177
1. A geographical indication, the use of which wo uld encroach upon a right of protection for a
trademark, shall only be eligible for registration, if the holder of the right of protection surrenders his
right.
2. Surrender of the right of protection for a trademark shall not be required, where in the application
of the geographical indication for registration, filed in agreement with the holder of the trademark
registration, the latter is mentioned among the parties authorised to use that indication and themaintenance of his right is not supposed to entail excessive restrictions on freedom to use the
geographical indication by other authorised parties.
3. When assessing whether or not the protection of the trademark is supposed to entail excessive
restrictions on freedom to use the geographical indication by other authorised parties, that indication’s
capability of being used in forms other than the form which is represented by the trademark shall, inparticular, be taken into account.IP/N/1/POL/I/2
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Article 178
Indications which, although literally true as to the territory in which the goods originate, falsely
represent to the public that the goods originate in another territory famous of given goods originating
therein, shall not be eligible for registration. In the case of homonymous geographical indications,
protection shall be accorded on the condition that the applicant of the later application makes, at theinvitation of the Patent Office, appropriate alterations in his indication enabling it to be easily
distinguishable from the indication already registered or earlier applied for registration.
Article 179
A right of protection may not be granted for the indication, which in consequence of its wide use for
marking a kind of goods became a generic name, unless it is in public interest or the protection of the
indication follows from an international agreement.
Article 180
In the course of examination of an application concerning a geographical indication the Patent Office
shall invite the applicant to comple te the application or correct identified defects or essential faults
within a fixed time limit, failure which shall result in discontinuance of the proceeding.
Article 181
During the period preceding registration of a geographical indication, the Patent Office shall not
disclose to unauthorised parties any information on the application without  the applicant’s consent.
Article 182
1. The Patent Office shall take a decision on the grant of a right in registration for a geographical
indication after having established that the application for registration has duly been made up.
2. The application shall not be deemed to have duly been made up, where the indication fails to
represent or falsely represents the origin of the product, or where it fails to satisfy the requirements forthe grant of the right in registration, referred to in Articles 174(2) and 176 to 179. The provisions of
Article 49 shall apply accordingly.
3. A right in registration shall be granted subject to payment of a protection fee. Failure to pay the fee
within the prescribed time limit shall result in declar ing by the Office that the decision on the grant of
the right in registration has lapsed.
4. Granted rights in registration for geographical indications shall be recorded in the Register of
Geographical Indications.5. The grant of a right in registration for a geographical indication shall be evidenced by the issue of a
certificate of registration.
Article 183
The Prime Minister shall, by way of regulation, determine the detailed requirements to be fulfilled by
the application of a geographical indication for registration, as well as the detailed rules and procedure
applied in processing applications. The requirements to be satisfied by geographical indication
applications may not be determined in such a way as to encumber the applicant with excessive and
unreasonable impediments
Chapter 3
Rights in Registration
for Geographical Indications
Article 184
1. For a geographical indication a right in registration may be granted.
2. Term of protection for a geographical indication shall be unlimited and shall start from the date of
its entry in the Register of Geographical Indications kept by the Patent Office.IP/N/1/POL/I/2
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Article 185
1. A geographical indication for which a right in registration has been granted may not be used on the
territory of the Republic of Poland by parties, whose products do not satisfy the requirements for the
grant of a right in registration. The provisions of Articles 154, 155 and 156 shall apply accordingly.2. A geographical indication may not be used by the parties referred to in paragraph (1) even if such
use is not intended to designate the geographical origin of the products or where the true place of the
production of the product is indicated.
3. A geographical indication may not be used by the parties referred to in paragraph (1) even if
accompanied by expressions indicating the kind of the product, such as “imitation”, “type”, “process”.
4. The prohibition referred to in paragraphs (1) to  (3) shall cover geographical indications in their
original reading, in translations or in other related forms.
Article 186
Any parties who, while operating on a given territory, earlier used a geographical indication in good
faith, and whose products do not satisfy the requirements for the grant of a right in registration, may
continue to use that indication, however for no longer than one year counted from the date of the grant
of the right in registration.
Article 187
1. A party, whose products satisfy the conditions for the use of the geographical indication, shall have
a right to use it in the course of trade. It may also request the Patent Office to be entered in the
Register as a party authorised to use that indication.
2. The entry referred to in paragraph (1) shall be made subject to furnishing by the requesting party of
a written confirmation issued by the holder of the right in registration to the effect that the products of
the requesting party satisfy the conditions for the use of the geographical indication, or on the basis ofa court decision.
3. The right holder referred to in paragraph (2) may also demand the party whose products fail or
ceased to satisfy the requirements for the grant of a right in registration to be removed from the
Register.
Article 188
1. At the request of the holder of the right in registration, the conditions for the use of the
geographical indication, such as the delimitation of the area to which the geographical indication
relates, the conditions of the product manufacture, specific features or properties of the product or
methods of inspection thereof, may be adjusted, if it is reasonable in the light of technological
development or developments in product production.
2. Where the holder of the right in registration proves that the requested adjustment, referred to inparagraph (1), is not opposed by the parties appearing in the Register as those authorised to use the
indication, the Patent Office shall take a decision on the adjustment and make the relevant entry in the
Register.
3. Where a party opposing the adjustment referred to in paragraph (1) submits, within a period of one
month, a request to the Patent Office for recognising the requested adjustment as unreasonable, thematter at issue shall be directed for examination in litigation proceedings. Failing this, the Patent
Office shall consider the opposition withdrawn and take the decision referred to in paragraph (2).
4. In cases of foreign geographical indications, the adjustment referred to in paragraph (1) may only
be made on the basis of evidence produced by the holder of the right in registration to the effect that
the relevant conditions for the use of the indication in the country of its origin have changed.IP/N/1/POL/I/2
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Article 189
Subject to the conditions referred to in Article 176(2)-(4), the holder of the right in registration for a
geographical indication may, by way of agreement,  assign his right to another organisation or an
agency. Entry in the Register of the above change in ownership shall be made on request.
Article 190
Parties authorised to mark their products with a registered geographical indication may indicate that
the indication has been registered by placing on the product the words “Registered geographical
indication” or the letter “G” within a circle next to the indication.
Chapter 4
Invalidation and Lapse
of the Right in Registration
for a Geographical Indication
Article 191
A right in registration for a geographical indication may be invalidated at the request of any party
having a legitimate interest therein, if he is able to prove that the statutory requirements for the grant
of that right have not been satisfied.
Article 192
1. Subject to paragraph (3), any party having a legitimate interest may demand that a decision be
taken on the lapse of the right in registration for the geographical indication which ceased to satisfy
the requirements for the grant of protection or has not been used for a period of five years and no
serious reasons for non-use thereof exist.2. The burden of proof that the geographical indication is used or that the justified reasons for non-use
thereof exist shall be on the holder of the right in registration.
3. Paragraph (1) shall not apply to indications, the protection of which follows from an international
agreement.
4. Use in the course of trade of the name of a region as a generic name for similar products may not
constitute a ground for invalidation of the right in registration for that indication or for declaring the
right lapsed.5. A right in registration for a geographical indication shall also lapse on surrender of the right by the
holder before the Patent Office, with the consent of the parties appearing in the Register as authorised
to use the indication.
6. In the case referred to in paragraph (5), the Patent Office shall take a decision on the lapse of the
right in registration.
Article 193
The General Public Prosecutor of the Republic of Poland or the President of the Patent Office may, in
the public interest, request that a right in registration for a geographical indication be invalidated or
intervene in an invalidation action already pending.
Article 194
A right in registration for a geographical indication shall terminate at a date of the occurrence of the
event, which is considered under this Law as giving rise to the lapse of the right in registration. The
date of the termination of the right in registration shall be confirmed in a decision.
Article 195
Invalidation or lapse of a right in registration shall be recorded in the Register of Geographical
Indications.IP/N/1/POL/I/2
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Title IV
Topographies of Integrated Circuits
Part I
Preliminary Provisions
Article 196
1. Any solution consisting of a three-dimensional arrangement of the elements, however expressed, at
least one of which is an active element, and of all or some interconnections in an integrated circuit,
shall be considered as a topography of an integrated circuit, hereinafter referred to as a “topography”.
2. An integrated circuit shall mean any three-dimensional product having one or more layers,composed of elements of semiconducting material forming a continuous layer and of conducting
interconnections and insulating spaces, inseparably interconnected, intended to perform electronic
functions.
Article 197
1. For a topography a right in registration may be granted.
2. Subject to paragraphs (3) and (4), a right in registration may only be granted for a  topography, if it
is original.
3. A right in topography registration shall not be granted, if before it is applied for registration with
the Patent Office it has been commercially exploited for more than two years.4. A right in topography registration may not be granted, if the topography has not been commercially
exploited within a period of 15 years from its fixation or encoding in any form.
Article 198
1. A topography shall be considered original if it is the result of its creator’s own intellectual effort
and is not commonplace at the time of its creation.
2. Where the topography consists of elements that are commonplace, a right in registration shall be
granted only to the extent to which the combination of such elements is original.
Article 199
A right in registration shall not be granted for a topography, if it explicitly results from the function of
an integrated circuit in which it is applied.
Article 200
The right to topography registration shall belong to the creator, his successor in title or a person with
whom the creator has concluded a contract of em ployment or another contract, or a person who
assisted the creator in creating the topography. The provisions of Articles 11, 12, 20 and 21 shallapply accordingly.
Article 201
The creator of a topography shall be entitled to remuneration for the exploitation of his topography by
an entity. The provisions of Articles 22 and 23 shall apply accordingly.IP/N/1/POL/I/2
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Part II
Filing and Processing of Topography Applications
Article 202
1. An application for topography registration shall contain:
     (i) a request,
    (ii) material identifying the topography, including the data necessary to clearly define the
topography,
    (iii) a statement as to the date of putting the topography into commercial exploitation, if it precedes
the date of its filing for registration.
2. In the application referred to in paragraph (1), the applicant shall not be required to disclose the
information, which constitute an industrial or trade secret, unless it is necessary to identify thetopography.
3. One and the same topography application may relate to one solution only.
4. Where a topography application contains at least the request and a part, which appears to be the
material identifying the topography, the application shall be deemed to have been filed.
Article 203
1. The right in topography registration shall be obtained by the registration of the topography that is
the subject of the application duly filed with the Patent Office.
2. The Patent Office shall take a decision on the grant of a right in registration, where in the course of
examination of the application as to the requiremen t referred to in paragraph (1) it ascertains that
nothing prevents the right in topography registration from being granted. Registration shall be subject
to payment of a fee for first protection period.
3. Failing to pay the fee within the prescribed time  limit, the Patent Office shall declare the decision
on the grant of the right in registration lapsed.
Article 204
The Patent Office shall take a decision on refusal to grant the right in registration, if it reveals that the
obstacles preventing the right from being granted are of such a nature that they can not be removed.
The provision of Article 49(2) shall apply accordingly.
Article 205
Grant of the right in topography registration shall be entered in the Register of Topographies of
Integrated Circuits.
Article 206
Grant of the right in registration shall be evidenced by the issue of a certificate of topography
registration.
Article 207
1. Before a right in registration is granted, the Patent Office shall not disclose any information on the
application to third parties without the applicant's consent.
2. The material identifying the topography shall not be disclosed without the right holder’s consenteven after the grant of the right in registration.
3. Paragraph (2) shall be without prejudice to the disclosure of the relevant documentation at the
request of a court or the parties to litigation concerning the validity or infringement of the right
granted.
Article 208
The owner of the right may indicate that his topography has been registered by adding the letter “T”
in a circle on the topography or on the product embodying the protected topography.IP/N/1/POL/I/2
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Article 209
1. Subject to paragraph (2), the provisions of Articles: 31(4), 32, 36, 37, 39, 41, 42 and 46 shall apply
accordingly to filing and processing of topography applications.
2. Any alterations made in the application in the course of examination may not relate to the
topography itself.
Article 210
The Prime Minister shall, by way of regulation, determine the detailed requirements to be satisfied by
topography applications and the detailed rules and procedure applied in processing applications. The
requirements to be satisfied by topography applications may not be determined in such a way as to
encumber the applicant with excessive and unreasonable impediments.
Part III
Rights in Topography Registration
Article 211
The right in registration shall confer the exclusive right to exploit the topography for profit or for
professional purposes on the whole territory of the Republic of Poland.
Article 212
1. The right in registration shall be considered infringed by a party committing, without the right
holder’s consent, an act of:
    (i) reproduction of the whole or of a part of the protected topography, except for the reproduction of
that of its part, which fails to satisfy the requirement of originality referred to in Article 198, or
   (ii) importation, selling or otherwise putting on the market of a copy of the protected topography,
integrated circuits manufactured with the use of such copy or of the product embodying suchintegrated circuits.
2. Reproduction of a topography shall consist of its reproduction in an integrated circuit basing on the
pattern, the documentation or analysis.
Article 213
The right in registration shall not be considered infringed by applying the topography of an integrated
circuit in means of transport or their parts or accessories, temporarily located on the territory of theRepublic of Poland, or in articles which are in transit through its territory.
Article 214
The right in registration shall not be considered infringed by a party who, without the right holder’s
consent, reproduces the protected topography privately or solely for the purpose of evaluation,analysis, testing or teaching.
Article 215
The right in registration shall not be considered infringed by a party who, in result of evaluation or
analysis, has created a topography satisfying the criterion of originality, referred to in Article 198.
Article 216
The right in registration shall not be considered infringed by the exploitation, to a necessary extent
and on the basis of non-exclusivity, of the topography for national purposes, if it is necessary to
prevent or eliminate a state of emergency regarding v ital interests of the State, in particular in the
sphere of security and public order. The provisions of Article 69(2)-(4) shall apply accordingly.IP/N/1/POL/I/2
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Article 217
The right in topography registration shall not be considered infringed by an act of importation or
putting on the market of the product embodying a topography unlawfully exploited by a person being
in good faith. After having been informed that the topography is protected, he shall be entitled to
continue the commercial exploitation of the topography only subject to the right holder’s of consent.The products stocked or ordered before the information has become known may be put on the market
subject to payment to the right holder of the compensation amounting to a licence fee.
Article 218
The right in registration shall not extend to act s involving copies of a protected topography,
integrated circuits manufactured by means of such copies, or products embodying suchintegrated circuits, if such acts consist, in particular, of offering or further commercialisationthereof, and such copies, circuits or products have lawfully been put on the market by the
right holder or with his consent on the territory of the Republic of Poland or on the territoryof a state with which the Republic of Poland
 concluded an agreement on the establishment of
a free trade area.
Article 219
1. The right holder may not enforce his rights in respect of another topography that is identical and
has been created by a third party independently.
2. Where there are two topographies which are identical in whole or in part, a topography which
might be a reproduction of the topography earlier applied for registration with the Patent Office or
earlier put on the market, shall be presumed to actually be the reproduction thereof.
Article 220
Topography protection shall terminate 10 years from the end of the calendar year in which the
topography or an integrated circuit embodying such topography was put on the market or from the
end of the calendar year in which the topography was applied for registration with the Patent Office,
whichever term expires earlier.
Article 221
1. Subject to paragraph (2), the provisions of Articles: 67, 68, 72, 74-79, 81-90 and 92 shall apply
accordingly to the right in topography registration.
2. The right in topography registration shall also terminate 15 years from its creation or fixing, if thatperiod expires before the expiry of a period for which the right in registration has been granted and
the topography has not been exploited for commercial purposes during that time.
Title V
Fees, Registers and Specifications, Documents, Official Communications
Part I
Fees
Article 222
1. The Patent Office shall collect single fees and renewal fees on account of granting protection for
inventions, utility models, industrial designs, trademarks, geographical indications and topographies
of integrated circuits.
2. The fees referred to in paragraph (1) shall constitute the income of the State budget.
3. The Council of Ministries shall, by way of regulation, determine the detailed rules of fixing and
paying fees, and the amount thereof, while taking into account the division of protection term intoone-year-, or more than one year- protection periods. Fees may not entail excessive and unreasonableIP/N/1/POL/I/2
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restrictions on accessibility to procedures concerning the acquisition and maintenance of the
protection.
Article 223
1. Single fees for applications, requests, declarations and for other acts provided for in this Law shall
be payable in advance, unless this Law or the regulation referred to in Article 222(3) provides for
payment of a fee at an invitation of the Patent Office within a prescribed time limit.
2. An application single fee shall be payable within one month from the date of delivery of the Patent
Office’s invitation.
3. Where the Patent Office’s decision is reversed in result of a submitted request for re-consideration
of the matter, the request fee already paid shall be liable to reimbursement.
4. Failing to pay the fee referred to in paragraph (1) within the fixed time limit, the proceedinginitiated on the basis of an application filed or a request submitted shall be discontinued or the act
whose performance is conditional upon payment of a fee, shall be abandoned.
Article 224
1. A time limit for payment of a single protection fee or a fee for first protection period, specified in a
decision on the grant of a patent, of a right of protection or of a right in registration, respectively, shall
be three months from the date of service of the invitation. The applicant shall be allowed to pay, at the
same time, fees for subsequent protection periods which have started to run or a fee for the
maintenance of the protection for the periods which have started to run before that time limit.
2. Subject to paragraph (1), fees for subsequent protection periods shall be payable in advance,however not later than on a day of expiry of the preceding protection period.
3. The renewal fees referred to in paragraph (2) may be paid within one year before the date referred
to in paragraph (2). The fees shall be liable to  reimbursement, if before the said time limit the
exclusive right has been invalidated or has lapsed. The fees paid for the lapsed protection periods and
a fee for the running protection period shall not be liable to reimbursement.4. The fees referred to in paragraph (2) may also be paid within six months after the expiry of the time
limit referred to in paragraph (2), a surcharge am ounting to 30% of the due fee being payable at the
same time. The time limit in question shall not be restorable.
5. Where a patent of addition is granted, a single fee shall be payable for the protection of the
invention.
6. Where a patent of addition becomes a patent, renewal fees shall be payable starting from a
protection period following the termination of the basic patent, at the amount as would be due for thatperiod and subsequent periods of protection of the invention that is the subject matter of the basic
patent.
Article 225
1. Subject to paragraph (3), the time limit for payment of a fee, referred to in Article 223(2) or Article
224(1), may, at the request of the applicant, be restored, if within two months from the date, at which
the reason for failure to observe the time limit ceased to exist, however not later than within six
months from the date at which the time limit expired, he provides a plausible explanation that non-
observance has been without fault on his part. Submission of the request shall be subject to payment,
at the same time, of the overdue fee.2. The time limit for submission of the request referred to in paragraph (1) shall not be restorable.
3. Where a decision on discontinuance of the proceeding has been taken on the basis of non-payment
of the fee referred to in Article 223(2), or a decision on the lapse of the decision on the grant of a
patent, of a right of protection or a right in registration, respectively, has been taken on the basis of
non-payment of the fee referred to in Article 224(1), the said decision may be reversed at the requestof the applicant for re-consideration of the matter, in which he provides a plausible explanation that
non-observance has been without fault on his part, and subject to payment, at the same time, of the
overdue fee.IP/N/1/POL/I/2
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4. Paragraphs (1)-(3) shall apply accordingly in the case of non-payment, within the time limit
referred to in Article 224(1), second sentence, of the fees for subsequent protection periods which
have started to run or a fee for the maintenance of the protection for the periods which have started to
run before that time limit.
Article 226
1. Where an applicant proves his incapability of paying a fee for a patent or utility model application
at its full amount, the Patent Office shall release him from that fee in part. The remaining amount of
the fee may not be less than 30% of the fee as due.
2. Where a requesting party proves its incapability of paying a fee, at its full amount, for a request for
taking a decision in litigation proceedings or for a request for re-consideration of the matter, the
Patent Office shall release that party from that fee in part or in whole.3. Paragraph (2) shall also apply to renewal fees for protection of inventions or utility models and to
single fees for protection of inventions being the subject matter of patents of addition. This shall not
apply to fees for periods longer than ten years from the filing date.
4. At the justified applicant‘s request submitted before the expiry of the fixed time limit, a time limit
for payment of the fees referred to in Article 224(1) may be postponed by the Patent Office, howeverof no more than six months. The postponed time limit shall not be restorable.
5. In the matters referred to in paragraphs (1)-(4),  the Patent Office shall issue orders. Where release
or partial release from the payment of a fee is refused, a new time limit for payment shall be fixed.
6. A request for re-consideration of the matter submitted in consequence of the order referred to in
paragraph (5) shall not be charged with any fee.
Article 227
The Patent Office shall charge a single fee for the publication in the “ Wiadomo ści Urzędu
Patentowego”  of a communication on the grant of a patent, a right of protection, a right in registration
and for the publication of those parts of the application, which are mandatory for publication, as wellas for the issue of a document certifying the grant of protection (publication fee). The applicant shall
be obliged to pay the fee after having been served with the decision on grant, within three months
from the date of service of the invitation to pay it. In that case, the provision of Article 223(4) shall
not apply.
Part II
Registers, Specifications, Documents
Article 228
1. For the purpose of making entries of granted patents, rights of protection and rights in registration,
the Patent Office shall be keeping:
    (i) the Patent Register,
    (ii) the Register of Utility Models,
   (iii) the Register of Industrial Designs,
   (iv) the Trademark Register,    (v) the Register of Geographical Indications,
   (vi) the Register of Topographies of Integrated Circuits.
2. When justified by a necessity of making separate entries, the Patent Office shall be keeping
accessory registers of rights granted with effect on the territory of the Republic of Poland, registered
in an international authority under an international agreement.3. The registers referred to in paragraphs (1) and (2) shall be open to the public.
5. Entries in the registers, referred to in paragra ph (1) shall be presumed to be truthful and known to
the public.IP/N/1/POL/I/2
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Article 229
1. In matters in which entries in a register are conditional upon submission of a request, the entry shall
be made by virtue of a decision.
2. When examining the request referred to in paragraph (1), the Patent Office shall investigate
whether submitted documents, supposed to provide grounds for taking a decision on entry in aregister, are in accordance with this Law and satisfy the effective provisions as to form.
3. The entries referred to in paragraph (1) shall not be binding on an authority whose responsibilities,
under the provisions of law, include deciding on a document founding the decision on entry in a
register or in a case, the outcome of which may af fect a decision of the Patent Office on entry in a
register.
Article 230
The Prime Minister shall, by way of regulation, determine the detailed rules which govern the keeping
of the Registers and the conditions and manner of making entries therein, including, in particular, the
principles and manner which govern the inspection of the Registers, and of making excerpts
therefrom, as well as the matters for which the acce ssory registers referred to in Article 228(3) shall
be kept.
Article 231
1. Letters patents, certificates of protection, certificates of registration and priority documents shall
bear a round seal with the image of a crowned eagle and the inscription “The Patent Office of the
Republic of Poland” within the rim.2. In case of loss or destruction of the document referred to in paragraph (1), the Patent Office shall, at
the request of the right holder and subject to payment of a due single fee, issue a duplicate thereof.
Part III
Official Communications
Article 232
1. Granted patents, rights of protection and rights in registration shall be communicated in the official
gazette “ Wiadomo ści Urzędu Patentowego”.
2. Subject to paragraph (3), entries and changes concerning granted rights, made in the Registers, shall
likewise be communicated in “Wiadomo ści Urzędu Patentowego”.
3. Lapse of a patent, of a right of protection or of a right in registration on expiry of a period for which
it was granted, shall not be communicated.
Article 233
The following shall also be communicated in “Wiadomo ści Urzędu Patentowego” : decisions on
refusal to grant a patent or a right of protection for a utility model or for a trademark; on
discontinuance of proceedings or on the lapse of decisions on the grant of a patent or a right of
protection; requests for utility model protection (Article 38); decisions taken in respect of inventions,
utility models and trademarks, the applications of which were published by the Patent Office in
accordance with this Law.
Article 234
In “Wiadomo ści Urzędu Patentowego”  communications other than those specified in Articles 232
and 233 and provided for by this Law, official acts and announcements shall also be published.IP/N/1/POL/I/2
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Title VI
Filing and Registration Proceedings
Article 235
1. In a proceeding before the Patent Office involving the legitimate interest of any person, that person
shall be a party to that proceeding.
2. The applicant shall be a party to the proceedings before the Patent Office concerning grant of a
patent, a right of protection or a right in registration.
Article 236
1. Except as provided for in paragraph (2), in proceed ings before the Patent Office in matters relating
to the filing and examination of applications and maintenance of the protection of inventions, utility
models, industrial designs, trademarks, geographical indications and topographies of integrated
circuits, only a patent agent may act as a representative of a party to a proceeding.
2. Subject to paragraph (3), a natural person may also be represented by a joint right holder or parents,
brothers, sisters, descendants of the party or persons in the relation-by-adoption with the party.3. In the matters referred to in paragraph (1), any persons not having their domicile or seat in Poland
may only act when represented by a patent agent.
Article 237
1. A party may be represented in one act by one natural person only.
2. A power of attorney shall be in writing and shall be included in the files on performance of first
legal act.
3. Where a power of attorney covers two or more cases,  it shall be included in the files of that of the
cases, in respect of which the first act is performed by the representative. When acting in other cases
covered by the power of attorneys, the representative  shall be required to furnish a certified copy of
the power of attorney.
4. A patent agent shall be allowed to certify himself a copy of the power of attorney granted to him.
5. Failing to pay a due stamp duty for the power of attorney, the Patent Office shall invite the
representative to make relevant payment and in case it should not be made, it shall additionally invite
the party to confirm, within the fixed time limit, the acts performed by the representative. Failing to
observe the fixed time limit, the provision of Article 223(4) shall apply accordingly.
Article 238
1. Where another representative has been appointed by a party in a case, in which the first
representative has already acted within the same scope of the power of attorney, the first
representation shall be deemed to have been withdrawn.
2. In the case of power of attorney covering more than one person appointed to perform the same acts,that from among these persons who has performed an act and furnished the power of attorney for
inclusion in the files, shall be considered as the representative. In the case of an act being performed
by another person mentioned in the power of attorney, paragraph (1) and the provision of Article
237(3) shall apply accordingly.
Article 239
Where a party authorises an organisation, whose activities include rendering professional services in
representation, to act in proceedings before the Patent Office, and the head of that organisation
furnishes a statement whereby he appoints as the authorised representative one of the patent agents
practising therein, such statement shall be considered to constitute the power of attorney.IP/N/1/POL/I/2
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Article 240
1. Except for the persons referred to in Article 236(2), a representative shall be authorised to appoint a
substitute (substitution).
2. Authorisation by another joint right holder shall not be required for performing conservatory action.
Article 241
1. Where two or more persons are parties to a proceeding and no representative has been appointed,
the persons concerned shall be required to indicate  one address for service. Failing to indicate such
address, the address of the person named first in the application or in another document, on the basis
of which the proceeding is instituted, shall be deemed to be that address.
2. At a party’s request, the Patent Office shall also send letters addressed according to paragraph (1) to
the addresses additionally indicated by that party. This provision shall also apply accordingly, whereonly one person who has appointed a representative is a party to the proceeding.
Article 242
1. Unless otherwise stipulated in this Law, in the course of proceedings the Patent Office shall fix the
following time limits for performing specified acts by a party:   (i) of one month, where the party has its domicile or seat on the territory of the Republic of Poland,
   (ii) of two months, where the party has its domicile or seat in another country.
2. When reasonable, the Patent Office shall fix a time limit longer than that referred to in paragraph
(1), however of no more than three months.
3. Any act may be performed within two months afte r the expiry of a time limit fixed in accordance
with paragraph (1) or (2), if before its expiry the Patent Office is notified in writing by the party on
the reasons of non-observance of that time limit.
Article 243
1. Unless otherwise stipulated in this Law, where in the course of proceedings a time limit to perform
an act requisite, under this Law, for continuance of the proceeding has not been observed, the Patent
Office may, at the party’s request, restore the time limit, provided that the party provides a plausible
explanation that non-observance was without fault on its part.
2. Subject to paragraph (4), the request referred to in paragraph (1) shall be submitted to the Patent
Office within two months from the date at which the reason for non-observance has ceased to exist,
however not later than within six months from the date of the expiry of that time limit.  At the same
time, the requesting party shall be required to perf orm the act in respect of which the time limit was
fixed.
3. A time limit to submit the request referred to in paragraph (2) shall not be restorable.
4. Where a decision has been taken on discontinuance of the proceeding for the reason of failure to
observe a time limit for performance of a specified act, that decision may, at the party’s request for re-
consideration of the matter, be reversed, provided that the party provides in the request a plausibleexplanation that non-observance was without fault on its part, while performing, at the same time, the
act in respect of which the time limit was fixed.
5. Where the time limit for filing an application for the purpose of preserving the right of earlier
priority or the time limit for furnishing of a document expires on a day on which the Patent Office is
closed to the public, the application or the document received on the first subsequent day on which thePatent Office is open to the public shall be deemed to have been received within the time limit
concerned.
6. In respect of time limits, to which paragraph (1) is not applicable, and non-observance of which is
caused by exceptional circumstances, the provisions on suspension of the course of negative
prescription caused by acts of God shall apply accordingly. In such cases, the Patent Office shall giveorders after having been furnished with relevant evidence by the interested party.
7. Notwithstanding the provisions of paragraphs (5) and (6), the Patent Office shall secure the
reception at any time of day of letters delivered by interested persons.IP/N/1/POL/I/2
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Article 244
1. Decisions of the Patent Office shall be subject to a party’s request for re-consideration of the
matter.
2. Requests for re-consideration of a matter shall be examined by the Chamber of Appeals of the
Patent Office, hereinafter referred to as the “Chamber of Appeals”.3. Paragraphs (1) and (2) shall apply accordingly to orders.
4. A time limit for submitting a request for re-consideration of a matter, in which a decision has been
taken or an order issued, shall be, accordingly, two months and one month from a day on which the
party has been served with the decision or the order.
5. Before the expiry of the time limit for submitting the request for re-consideration of the matter, the
decision shall not be liable to execution.
Article 245
1. Following the re-consideration of the matter by th e Chamber of Appeals, the Patent Office shall
take a decision in which it either maintains the appealed decision or reverts it in whole or in part and
decides on the merits.
2. Where the request is disregarded and the appealed decision maintained, the time limit to performthe act fixed in the appealed decision shall start to run again.
3. Paragraphs (1) and (2) shall apply accordingly in deciding on the request for re-consideration of the
matter, in respect of which an order has been issued.
Article 246
1. Within six months from the publication in “ Wiadomo ści Urzędu Patentowego” of the mention of
the grant of a title of protection, any person may give reasoned notice of opposition to a final decision
of the Patent Office on the grant of a patent, a right of protection or a right in registration.
2. The opposition referred to in paragraph (1) may be filed on the same grounds, on which a patent, a
right of protection or a right in registration may be invalidated.
Article 247
1. The Patent Office shall immediately communicate the opposition referred to in Article 246 to the
right holder and invite him to file his observations within a fixed time limit.
2. Where, following the communication of the Patent Office referred to in paragraph (1), the right
holder claims the opposition to be unjustified, the ca se shall be submitted for examination in litigation
proceedings. Otherwise, the Patent Office shall decide on reversal of the decision on the grant of apatent, a right of protection or a right in registration, and discontinue the proceeding.
Article 248
Decisions taken and orders issued by the Patent Office shall be subject to complaint to the Supreme
Administration Court.
Article 249
1. A complaint remitted by the Supreme Administration Court for commenting on whether or not it is
justified, the Patent Office shall direct to the Chamber of Appeals for examination.
2. In the case referred to in paragraph (1), followin g the examination of the complaint by the Chamber
of Appeals, the Patent Office shall either admit th e complaint in whole or convey the reply to the
complaint together with the files of the case to the Supreme Administration Court.
Article 250
In consequence of the complaint referred to in Article 248, execution of the decision or of the order
may be suspended by the President of the Patent Office also where the suspension has not been
effected by virtue of law or ordered by the Supreme Administration Court.IP/N/1/POL/I/2
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Article 251
1. The Patent Office shall provide information on applications concerning inventions, utility models,
industrial designs, trademarks, geographical indications or topographies of integrated circuits and
shall make available application files, at each stage of proceedings, to:
    (i) applicants and their representatives,   (ii) prosecution agencies and courts, on account of cases handled by them,
   (iii) other persons, with the applicant’s consent given in writing.
2. After the expiry of the time limits within which information on the applications referred to in
paragraph (1) may not be disclosed, the Patent Office may, at the request of a person having a
legitimate interest, make accessible to that person the documents included in the application files.
3. Any disclosure of any confidential information on an application and any act of making application
files accessible for inspection shall be annotated in the application files concerned.4. Paragraphs (1)-(3) shall not apply to applications concerning secret inventions and secret utility
models.
5. Paragraphs (2) and (3) shall apply to applications concerning topographies of integrated circuits,
subject to the reservations referred to in Article 207(2) and (3).
Article 252
Unless otherwise stipulated in this Law, the provis ions of the Code of Administrative Procedure shall
apply accordingly to proceedings before the Patent Office.
Article 253
1. The provisions of the Code of Administrative Procedure governing time limits for settling cases
shall not apply to handling applications filed to obtain a patent, a right of protection or a right in
registration.
2. The provisions of the Code of Administrative Procedure governing resumption of proceedings or
ascertainment of non-validity of a decision, shall not apply if the grounds for resumption of aproceeding or ascertainment of non-validity of a decision may be invoked in a dispute concerning
invalidation of a granted patent, a right of protection or a right in registration.
Article 254
Any final decision of the Patent Office, which terminates the proceedings and grossly violates law
may be subject to complaint lodged by the Presid ent of the Patent Office, the General Prosecutor of
the Republic of Poland and the Ombudsman to the Supreme Administration Court within a period ofsix months from the party being served with the decision.
Title VII
Litigation Procedure
Article 255
The Patent Office shall apply the litigation procedure when taking a decision:
    (i) on invalidation of a patent, a right of protection or a right in registration,
    (ii) on the lapse of a patent for an invention concerning a micro-organism or for the use thereof inthe case referred to in Article 90(1)(iv),
    (iii) on the lapse of a right of protection for a trademark in the cases referred to in Article 169,
    (iv) on the lapse of a right in registration for a geographical indication in the case referred to in
Article 192(1),
    (v) on the lapse of a right in topography registration in the case referred to in Article 221(2),    (vi) on the grant of a compulsory licence for exploiting an invention, a utility model or a
topography,
    (vii) on the change of a decision on the grant of a compulsory licence,IP/N/1/POL/I/2
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   (viii) on the ascertainment that a request for the amendment of the conditions for the use of a
geographical indication in the case referred to in Article 188(3), is unjustified,
     (ix) on the invalidation of a patent, a right of protection or a right in registration in consequence of
an opposition filed, which is claimed by the right holder to be unjustified.
Article 256
1. Subject to paragraph (2) and (3), the provisions of the Code of Administrative Procedure shall
apply accordingly to litigation procedure before the Patent Office.
2. To costs of proceedings the provisions applied in civil law proceedings shall apply accordingly.
3. The provisions of the Code of Administrative Procedure governing re-consideration, at a party’s
request, of cases, in which decisions not liable to appeal were taken, shall not apply to decisions on
merits taken after hearing.4. The Council of Ministers shall, by way of regulation, determine the detailed rules and procedure of
the litigation proceedings applied by the Patent Office including, in particular, the principle of
openness of the hearing and of the public announcement of a decision.
Article 257
Decisions taken or orders issued by the Patent Office in the cases referred to in Article 255, shall be
liable to complaint lodged to the Supreme Administration Court.
Article 258
The provision of Article 254 shall apply accordingly to final decisions of the Patent Office taken in
the cases referred to in Article 255.
Title VIII
Organs and Bodies
Part I
Patent Office
Chapter 1
Responsibilities and Organisation
of the Patent Office
Article 259
Patent Office of the Republic of Poland is a central government agency responsible in industrial
property matters.
Article 260
1. Patent Office shall be subordinated to the Council of Ministers. Supervision over the Patent
Office’s activities shall be exercised by a minister competent in economy.
2. The Prime Minister shall, by way of regulation, grant, on a motion of a minister competent ineconomy, statutes to the Patent Office and determine therein, in particular, the organisation, structure
and rules of administration of the Office, as well as the allocation of responsibilities, while taking into
account the status of experts, officers of civil service and of other employees.
Article 261
1. The Patent Office shall perform its responsibilities in the industrial property matters specified in
this Law, in separate regulations and in international agreements.
2. The responsibilities of the Patent Office shall, in particular, include:IP/N/1/POL/I/2
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    (i) receiving and examination of applications seeking protection for inventions, utility models,
industrial designs, topographies of integrated circuits, trademarks and geographical indications,
   (ii) deciding in matters related to granting patents for inventions and rights of protection for utility
models and trademarks, as well as rights in registration for industrial designs, geographical indications
and topographies of integrated circuits.   (iii) adjudicating cases in litigation proceedings to the extent as specified by this Law,
   (iv) keeping the Registers referred to in Article 228,
   (v) publishing of an official gazette titled “ Wiadomo ści Urzędu Patentowego”,
   (vi) participating in activities of international bodies on account of the international agreements in
the field of industrial property concluded by the Republic of Poland, in particular the Paris
Convention for the Protection of Industrial Property,
  (vii) keeping of the centralised collection of Polish and foreign patent specifications.3. When performing its responsibilities, in particular tasks relating to international co-operation, as
well as in the course of preparation of drafts of regulations governing industrial property, the Patent
Office shall act in agreement and co-operation with interested central and local government agencies.
Article 262
The Council of Ministers shall, by way of regulation, determine the detailed scope of activity of the
Patent Office, taking, in particular, into account the Office’s tasks and responsibilities, as well as the
principles and forms of collaboration of the Office with other central and local government agencies,
social organisations and trade unions in the matters falling within its responsibilities.
Article 263
1. The Office shall be headed by the President of the Patent Office, whose responsibility is to manage
the Office and, subject to Article 264(2), represent the Office in outside relations, as well as to
determine in detail its internal structure and the scope of responsibilities of its individual
organisational units.2. The President of the Patent Office shall be appointed and recalled by the Prime Minister on a
motion of a minister competent in economy.
3. Deputies of the President of the Patent Office shall be appointed and recalled by the Prime
Minister, on a motion of the President of the Patent Office.
Article 264
1. In the cases referred to in Article 261(2)(ii) and (iii) and in matters relating to making entries in
registers, persons who possess the qualifications referred to in Article 268(3) and appointed by the
President of the Patent Office (experts) shall decide. In the above cases and matters an expert shall
decide individually, unless deciding by a body of experts is provided for.
2. An expert shall represent the Patent Office in proceedings before the Supreme Administration
Court, referred to in Articles 248 and 257.3. The expert, referred to in paragraph (1), may be entrusted with additional powers, such as:
directing, co-ordinating or supervising.
4. The additional powers, referred to in paragra ph (3), may be entrusted for an unlimited period of
time or for a period contracted for the performance of a given task.
Article 265
1. Experts shall co-administer the Patent Office through the Board of Experts, which constitutes the
experts’ general assembly.
2. The Board of Experts shall appoint the Spokesman for the Interests of the Profession, who
represents the experts before government and administration bodies in any matters involving theirwork.
3. The following shall be the Board’s responsibilities:
    (i) determining of tasks to be carried out in handling applications and requests filed, as well as
advising on means to be applied for carrying them out,IP/N/1/POL/I/2
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   (ii) establishing of the principles of awarding experts from the award fund created under Article
271(3),
   (iii) giving opinions on problems incidental to the course of deciding cases, in particular  as to
inconsistencies identified in decisions taken, and making respective proposals,
   (iv) giving opinions on other questions put forward by the President of the Patent Office or by theSpokesman for the Interests of the Profession.
4. Subject to paragraph (5), the Board of Experts shall be convened at least once a year by the
President of the Patent Office, who chairs its meetings. The Board of Experts may also be convened at
any time by the Spokesman for the Interests of the Profession for the presentation of a matter that
needs to be consulted with the Board.
5. The Board of Experts may also debate in sections in which experts are grouped depending on the
subject matter and problem involved and according to the tasks performed. Debates in a section maybe chaired by the President of the Patent Office, a Deputy President or an expert, who has been
assigned an executive duty under Article 264(3).
6. The President of the Patent Office shall make division into sections and appoint chairmen of works
in sections.
Chapter 2
Expert’s Practical Training
Rights and Obligations of the Expert
Article 266
1. Subject to paragraph (2), only a person who holds a university degree and is graduated from a
faculty enabling him/her carrying out the expert's duties, who completed an expert’s practical training,
hereinafter referred to as the “expert’s training” and served his/her apprenticeship as an assistantexpert, may be admitted as an expert.
2. Any person:
    (i) being a Polish national and enjoying full civic rights,
   (ii) having a record clean of any punishment for an offence committed intentionally,
   (iii) having command of at least one foreign language to an extent and degree as necessary for
carrying out expert’s duties, including those arising out from international agreements,
   (iv) being of unimpeachable character,   (v) having a state of health and predisposition making him/her capable of being assigned expert’s
duties,
shall be eligible for being an expert.
3. A candidate for an expert who is required to have command of more than one foreign languages,
may be released from the command of one of those languages, provided that he/she makes up thedeficiency concerned while undergoing the expert’s training.
Article 267
1. The expert’s training shall last three years; when reasonable, it may, at the request of an interested
person supported by an opinion given by his/her superior, be shortened to up to one and a half year.2. A candidate may be assigned performance of certain acts associated with the decision-making
process, however without a right to make a decision.
3. The expert’s training shall be completed with an examination. The failed examination may be re-sat
only once, not earlier than six months and not later th an one year after the date of the first sitting for
the examination.4. Failure to sit for an examination without giving reasons or failure to pass the examination for the
second time shall result in the dissolution by the Patent Office, at prior notice, of a contract of
employment with a candidate.IP/N/1/POL/I/2
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5. In matters not governed by this Law, the provisions on staff members of civil service shall apply to
employment relationships with candidates.
Article 268
1. After the pass of the examination, a candidate shall be assigned duties of an assistant expert for a
period of not less than two years.
2. The assistant expert shall be assigned performance of the expert’s work, which shall be subject to
assessment made according to the principles specifie d in the regulation referred to in paragraph (8).
3. Where the assessment of the assistant expert’s work is positive, the assistant expert shall be
admitted as an expert.
4. On admittance, the expert shall take an oath befo re the President of the Patent Office, the form of
which is the following: “I hereby swear to consci entiously perform the expert duties assigned to me,
to decide in all fairness and respect for law, to keep state and public service secrets, and to follow in
conduct the principles of dignity and honesty.”
5. The oath shall not be taken again, where an expert takes on another expert’s post.
6. Unless otherwise stipulated in this Law, the provisions of this Law applicable to experts shall apply
accordingly to assistant experts.7. The President of the Patent Office may recall an assistant expert from his/her post, if after two
years of holding the assistant expert’s post he/she is not appointed to an expert’s post. The recall shall
equal the termination of the employment contract.
8. The Prime Minister shall, by way of regulation, determine the detailed principles, extent and
procedure of undergoing the expert’s training and apprenticeship, and of passing examinations,including remunerating of persons conducting an examination.
Article 269
1. When deciding cases, experts shall only be amenable to law.
2. To the extent as determined in paragraph (1), the provisions of other statutes on obligation torespect superior’s service instructions, as well as the provisions providing for periodic or incidental
assessment of employee’s performance of his/her duties, shall not apply to experts.
3. When deciding in a case, the expert shall be obliged to follow interpretation instructions prescribed
in general guidelines of the President of the Pate nt Office, issued in accordance with the procedure
provided for in paragraphs (4) and (5).
4. The general guidelines referred to in paragraph (3) shall be issued by the President of the Patent
Office after having consulted or at the request of the Board of Experts.5. The President’s general guidelines, referred to in paragraph (3), shall be given to public notice.
6. The President’s general guidelines, referred to in paragraph (3), shall only be binding on experts in
deciding cases and may not be referred to as a legal basis for a decision taken or an order issued.
7. On the principles as laid down in separate provisions, experts shall enjoy the protection as provided
to public functionaries.8. Direct supervision over the work of organisation al units, within which experts perform their duties
in deciding cases, shall be executed by the President of the Patent Office or a Deputy President
authorised by him. The supervision shall not be executable in respect of a decision-making process.
Article 270
1. The expert shall be bound to behave in accordance with the oath taken, in particular:
    (i) to observe the Constitution of the Republic of Poland and other laws and regulations,
    (ii) to observe, in decision-making process, the general guidelines of the President of the Patent
Office, referred to in Article 269(3),
   (iii) to perform his/her duties honestly, fairly, efficiently and punctually,   (iv) to keep state and service secrets,
    (v) to behave with dignity at the Office and in outside relations.
2. The expert may not be involved in establishing of trade unions or be member thereof. Upon his/her
appointment to an expert’s post, expert’s membership  in trade unions shall terminate by virtue of law.IP/N/1/POL/I/2
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3. The expert shall not be allowed to take on another employment without the consent of the President
of the Patent Office, or to perform activities or works, which are contrary to his/her expert’s duties or
impair confidence therein.
4. To the extent as is decided by the expert, the expert may not act in the capacity of an expert
appointed by the court.5. The provisions governing restrictions on running business activity by persons performing public
functions in part relating to civil servants members of civil service acting as managers, shall apply to
experts.
6. At a justified written invitation of the President of the Patent Office, an expert shall be obliged to
submit, within one month, a medical report established by an authorised physician, in confirmation of
the expert’s physical and mental capabilities to continue the work on his/her post.
7. When reasonable, an expert may be employed on part-time basis.8. In matters relating to employment relationship not covered by this Law, the provisions of the
Labour Code and other provisions of labour law shall apply.
Article 271
1. The expert’s salary shall consist of the basic salary as appointed to a post held by the expert and a
seniority allowance for continuing service on that post, plus, if the expert has been assigned an
additional function, an allowance for performing that function. The amount of the salary and of the
allowances shall be determined by means of multipliers corresponding to multiple anticipated medium
salary in organisations remunerated from the state budget.2. An expert shall be entitled to an extra salary payable once a year to employees of agencies
remunerated from the state budget, at the amount and under the conditions laid down in separate
provisions.
3. The President of the Patent Office may, on the conditions laid down by the Prime Minister,
establish an award fund intended for awarding for particular achievements in the expert’s work.4. The provisions of the Act on civil service in part relating to the grant of anniversary awards and
single compensations payable to an employee being pensioned for disability to work or retired on a
pension shall apply accordingly to experts.
5. The Prime Minister shall, by way of regulation, determine multipliers of anticipated medium salary
in organisations remunerated from the state budget which are to serve as a basis for determining the
amount of the basic salary appointed to expert’s posts and the amounts of seniority and function
allowances, as well as the conditions on which the award fund referred to in paragraph (3) may beestablished, in particular the amount to be allocated for that fund within the total amount of the
personal salaries fund.
Article 272
1. The expert’s working day may not be longer than 8 hours and 40 hours per week on the average.
2. The work timetable in a week and the duration of  individual working weekdays shall be determined
taking into account the terms and conditions of work provided for the whole personnel of the Patent
Office. Non-working days at the Office shall be added to the rest leave time.
3. A person serving as an expert for at least 10 years shall be entitled to an extra rest leave of six
working days, and after 20 years of service on that post – of twelve working days.4. On the conditions complying with the provisions of the Act on civil service, a person serving as an
expert for a period not less than five years may be granted by the President of the Patent Office
payable leave for recuperation.
5. For the period of disability to work in consequence of a disease suffered, an expert shall be entitled
to receive the salary and a sick allowance for a period of one year at the amount and on the conditionslaid down in separate provisions.
6. Paragraphs (3) to (5) shall not apply to assistant experts.IP/N/1/POL/I/2
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Chapter 3
Disciplinary Responsibility
Suspension and Termination
of Employment Contract with Expert
Article 273
1. The expert shall bear disciplinary responsibility for defiance of service duties.
2. For the purpose of conducting proceedings and deciding in the cases referred to in paragraph (1),
the President of the Patent Office shall appoint, from among the experts, a disciplinary prosecutor and
members of the Experts’ Disciplinary Commission an d the Experts’ High Disciplinary Commission in
a number enabling to form a bench.3. When necessary, where the disciplinary prosecutor referred to in paragraph (2) is not able to act in
the case, the President of the Patent Office may casually appoint a substitute of the disciplinary
prosecutor.
4. The following shall be disciplinary punishments:
warning,reprimand,
interdiction to occupy executive posts at the Patent Office,
interdiction to perform expert’s duties.
5. In matters not regulated by this Law, the provisions on disciplinary responsibility of civil servants
shall apply accordingly to disciplinary responsibility of experts.
Article 274
1. The President of the Patent Office shall recall an experts from his/her post in the event of his/her
physical or mental disability to work, ascertained in a physician’s report issued for the purpose of
making arrangements for pensioning or in a physician’s report ascertaining the loss of capability towork on an assigned post, established by a physician authorised to do medical examinations of the
Patent Office’s staff.
2. The President of the Patent Office may recall an expert from his/her post:
   (i) on submitting by him/her a letter of resignation from the expert’s post;
   (ii) in case of a need for reducing the corps of experts in consequence of changes in the range of
tasks of the Patent Office or the continuing reduction in a number of cases handled,
   (iii) on failure by the expert, in the event referred to in Article 270(6), to submit a report establishedby an authorised physician on his/her continuing physical and mental capabilities to work,
   (iv) subject to paragraph (9), second sentence, on attaining by the expert of the retiring age, if with
the period of his/her employment the expert becomes qualified for retirement pension on the
attainment of that age,
   (v) upon expiration of the periods provided for in Article 53 of the Labour Code, in case of theexpert’s absence on account of sickness or isolation because of a contagious disease suffered,
persisting for a period longer than the period of drawing the sick allowance, as well as in case of the
excused absence in the work for other reasons.
3. An employment contract with an expert arrested and awaiting trial shall stay by virtue of law.
4. The President of the Patent Office may suspend an expert in service activities, where a disciplinaryor penal proceeding has been instituted against him/her.
5. In the case of the suspension referred to in paragraphs (3) and (4), the expert shall be entitled to
receive the salary and enjoy the respective rights and benefits on the conditions laid down in the Act
on civil service.
6. An employment contract with an expert shall terminate in the cases determined in the Labour Codeand in separate provisions, as well as:
   (i) on the loss of the Polish nationality,
  (ii) in case of a final decision inflicting the disciplinary punishment of interdiction to perform
expert’s duties,IP/N/1/POL/I/2
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  (iii) in case of a final court decision on deprivation of the expert of public rights or of interdiction to
occupy an expert’s post.
7. Unless otherwise decided in the recall, the recall of the expert from his/her post shall effect upon
his/her being served the notice of recall; the employee recalled from the post may be assigned
performance of other works corresponding to his/her qualifications for the period up to thetermination of the employment contract.
8. Termination of an employment contract with an expert shall have the same effects as those of the
recall from the expert’s post, the effects being binding as from the termination of the employment
contract.
9. The recall of an expert from his/her post in the cases referred to in paragraph (1) and paragraph
(2)(ii)-(iv), as well as in the case of the submission by the expert of the letter of resignation shall,
subject to paragraph (11), be equal to the termination of the employment contract or its dissolution bymutual agreement. In the case referred to in paragraph (2)(iv), an expert may be recalled from his/her
post before he/she attains the age of 65 only with his/her consent.
10. Subject to paragraph (11), the recall of an expert from his/her post in the cases referred to in
paragraph (2)(v) shall amount to the dissolution of an employment contract without notice.
11. The recall of an expert from his/her post may not prejudice the provisions governing specialprotection of employees in cases involving terminat ion or dissolution of an employment contract.
12. Restrictions on the dissolution of an employment c ontract with an expert shall not be applicable in
respect of the additional powers referred to in Ar ticle 264(3). Withdrawal of an additional power
entrusted to the expert for an unlimited period of time or before the assigned work is performed, shall
amount to a notice to terminate working or payment conditions.
Chapter 4
Article 275
1. The President of the Patent Office shall set up the Chamber of Appeals intended to decide in the
matters referred to in Articles 244 and 249.
2. The Chamber of Appeals shall consist of persons authorised to decide.
Article 276
The Chamber of Appeals shall be directed by and remain under the administrative supervision of the
Chairman of the Chamber of Appeals appointed by the President of the Patent Office. It shall not bemandatory for the Chairman of the Chamber of Appeals to be its member.
Article 277
Cases brought before the Chamber of Appeals shall be heard in boards consisting of three members.
The members of a board and its chairman shall be appointed by the Chairman of the Chamber ofAppeals. For hearing complicated cases, a board composed of five members may be appointed.
Article 278
1. Cases brought before the Chamber of Appeals shall be heard at sittings.
2. When reasonable, chairman of a board may direct the case for hearing at a sitting, in particularwhere it is necessary for it to be clarified in the presence of a party or experts appointed by the court.
3. When necessary, chairman of the board may comm ission one of its members to carry out some acts
related to the proceeding pending.IP/N/1/POL/I/2
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Part II
1. The litigious cases referred to in Article 255 shall be heard in boards adjudicating in litigation
procedure, hereinafter referred to as “boards”.
2. The President of the Patent Office shall set up a Litigation Division consisting of members ofboards.
3. The Litigation Division shall be directed by and remain under the administrative supervision of the
Chairman of the Litigation Division appointed by the President of the Patent Office.
Article 280
1. Boards shall hear cases falling within their co mpetence, when composed of chairman of a board
and two members of a board. For hearing complicated  cases, a board composed of five members may
be appointed.
2. A person who completed a legal training for judges may be appointed chairman of a board. The
President of the Patent Office may also appoint, as chairman of a board, a person who completed a
legal training for legal advisers, advocates or public prosecutors, or holds a title of professor or of
doctor habilitatus  of law.
3. The provisions applicable to experts, except for those on expert’s training, shall apply to chairmen
of boards.
Article 281
1. Chairman and members of a board shall be appointed by the Chairman of the Litigation Division.
2. Members of the board shall be, besides chairman, one expert appointed from the panel established
by the President of the Patent Office and one representative of the organisations referred to in Article
9, appointed from a list of representatives established by the organisations concerned in consultation
with the President of the Patent Office.
3. Where a board of five members has been appointed, it shall be composed, besides chairman, of twomembers of each of the lists referred to in paragraph (2).
4. A practising patent attorney may not be appointed a representative of an organisation, referred to in
paragraph (2).
Article 282
1. Experts appointed to decide in litigious cases shall be released from their duties for a period of
involvement in ruling in boards, while preserving the right to remuneration.2. A minister responsible for public finance shall, in agreement with a minister responsible for labour
affairs, determine, by way of regulation, the manner of determining the amount of compensation for
representatives of the organisations referred to in  Article 281(2) for their serving in boards, unless
they are bound by employment contracts.
3. Representatives of the organisations referred to in Article 281(2), having their domicile outside thelocation of the Patent Office, shall be entitled to daily subsistence allowances and to reimbursement of
expenses for travel and accommodation, on the conditions laid down in the provisions governing
allowances and other dues for business travels in the country.IP/N/1/POL/I/2
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Title IX
Enforcement of claims in civil law procedure
Part I
Common Provisions
Article 283
Subject to Article 257, cases involving civil law claims in the field of industrial property protection,
not falling within competence of other authorities shall be decided in civil law procedure in
accordance with the general principles of law.
Article 284
The following cases, in particular, shall be decided in civil law procedure in accordance with the
general principles of law:
    (i) for ascertainment of the authorship of an inventive project,
   (ii) for ascertainment of the right to a patent, a right of protection or a right in registration,  (iii) for remuneration for the exploitation of an inventive project,
  (iv) for remuneration for the exploitation of an invention, a utility model or a topography for state
purposes,
   (v) for compensation for the transfer to the State Treasury of a right to a patent for a secret invention
or to a right of protection for a secret utility model,   (vi) for infringement of a patent, a right of protection or a right in registration,
  (vii) for ascertainment of the right to exploit an invention, a utility model or an industrial design in
the cases referred to in Articles 71 and 75,
 (viii) for ascertainment of the right to use, in a local-scale activity, a mark registered on behalf of a
third party as a trademark,   (ix)  for ascertainment of the right to use a geographical indication,
    (x) for ascertainment of the loss of the right to use a geographical indication,
   (xi) for the transfer of a patent, a right of protection for a utility model or a right in registration of an
industrial design or a topography obtained by a person not entitled thereto,
   (xii) for the transfer of a right of protection for a trademark in the case referred to in Article 161.
Article 285
The holder of a patent, a right of protection or a right in registration, or a person entitled under this
Law, may demand stopping the acts threatening infringement of the right.
Article 286
When ruling on the infringement of a right, the cour t may, at the holder’s request, decide as to the
disposal of unlawfully manufactured or marked products and of the means used in their
manufacturing or marking.
Part II
Claims Concerning Inventions,
Utility Models, Industrial Designs
and Topographies of Integrated Circuits
Article 287
1. A holder of a patent, whose patent has been infringed or any person enjoying the same status, may
demand the cessation of the infringement, the redress of its consequences, the surrender of theIP/N/1/POL/I/2
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unlawfully obtained profits and the compensation of damages in accordance with the general
principles of law.
2. At the holder’s request, the person infringing the patent shall also be required to publish an
appropriate statement in the press and, if he had acted intentionally, to pay adequate amount of money
to one of the organisations mentioned in Article 9, for the purpose of encouraging inventive activity.
Article 288
1. Claims for infringement of a patent shall be enforceable after the grant of the patent.
2. Where the infringing person has acted in good faith, claims for infringement of a patent shall be
enforceable in respect of the period beginning on the day following the date of publication by the
Patent Office of the patent application, and in case of the infringing person being earlier notified by
the holder on the filing of the patent application, from the date of notice.
Article 289
1. The period of prescription for claims for infringement of the patent shall be three years. The period
concerned shall run, separately in respect of each individual infringement, from the date where the
right holder has learned about the infringement of his patent and about the infringing person.However, in any case, the claim shall become barred by prescription five years after the date, at which
the infringement has occurred.
2. The period of prescription shall be suspended for the time between the filing of the patent
application with the Patent Office and the grant of the patent.
Article 290
The entitled person referred to in Article 74, may demand that the person who, not being entitled to do
so, applied for a patent or was granted the patent, surrender the unlawfully obtained profits and
redress the damage, in accordance with the general principles of law. In addition to that, he may also
request that person to publish an appropriate statement in the press and, if he acted intentionally, topay an adequate amount of money to one of the organisations referred to in Article 9, for the purpose
of encouraging inventive activity.
Article 291
Unless otherwise agreed between the parties, in the event of the invalidation of the patent, an acquirer,
a licensee or any other person on behalf of which the holder of the patent disposed of his right against
payment, shall be entitled to reimbursement of such payment and to redress of damage, in accordancewith the general rules of law. The disposer may, however, deduct any profits obtained by the acquirer
as a result of the exploitation of the invention before the invalidation of the patent; where the profits
exceed the payment and the damages sought, the disposer shall be exempted from liability.
Article 292
1. The provisions of Articles 287 to 291 shall apply accordingly to utility models and, subject to
paragraph (2), to industrial designs.
2. If the infringer has acted in good faith, claims for infringement of a right in industrial design
registration shall be enforceable in respect of a period beginning on the day following the date of
publication of the mention of the grant of the right in the “Wiadomo ści Urzędu Patentowego” and in
case of the infringer being earlier notified by the right holder of the application filed, from the date of
notice.
Article 293
1. Subject to paragraphs (2) and (3), the provisions of Articles 287 to 291 shall apply accordingly to
topographies of integrated circuits.
2. If the infringer has acted in good faith, claims for infringement of a right in registration shall be
enforceable in respect of a period beginning on the day following the date of publication of theIP/N/1/POL/I/2
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mention of the grant of the right in the “Wiadomo ści Urzędu Patentowego” and in case of the
infringer being earlier notified by the right holder of the application filed, from the date of notice.
3. Paragraph (2) shall apply accordingly, where within a period of two years from putting a
topography into exploitation for commercial purposes for the first time, a person entitled to the right
in registration has notified a party who has expl oited the topography without his consent, of his
intention to apply the topography for registration with the Patent Office.
Article 294
1. An inventor may enforce his claims for remuneration for the exploitation of his invention before a
district court. He shall not be obliged to pay court costs.
2. In the case referred to in paragraph (1), the provisions of the Code of Civil Procedure governing
legal actions involving claims arising out of employment shall apply accordingly.
Article 295
The provisions of Article 294 shall apply accordingly to remuneration for utility models, industrial
designs and topographies of integrated circuits.
Part III
Claims Concerning Trademarks
and Geographical Indications
Article 296
1. Any person whose right of protection for a trademark has been infringed or any person enjoying the
same status, may demand the cessation of the infringement, the redress of its consequences, the
surrender of the unlawfully obtained profits and the compensation of damages in accordance with thegeneral principles of law. Article 287(2) shall apply accordingly.
2. Infringement of the right of protection for a trademark consists of unlawful use in the course of
trade of:
     (i) a trademark identical to a trademark registered in respect of identical goods,
    (ii) a trademark identical or similar to a trademark registered in respect of identical or similar
goods, if the use of that mark is likely to mislead part of the public in particular by evoking
associations between the marks concerned,    (iii) a trademark identical or similar to a renown trademark registered for any kind of goods, if such
use without due cause would bring unfair advantage to the user or be detrimental to the distinctive
character or the repute of the earlier trademark.
3. The claims referred to in paragraph (1) shall also be enforceable against a person who only puts on
the market the goods already bearing that trademark, provided that the goods do not originate from theright holder or from a party authorised by him to use the trademark.
4. The licensor may, when invoking the right of protection conferred by his trademark, enforce the
claims referred to in paragraph (1) against a licensee who contravenes any provision in his licensing
contract with regard to its duration and territory covered by the contract, the form covered by the
contract in which the trademark may be used, as well as the scope of the goods for which thetrademark may be used or the quality of the goods.
Article 297
1. In case of products bearing a counterfeit trademark, the court, when deciding in accordance with
Article 286 on further disposal of the products, may only in exceptional cases recognise removal ofthe trademark therefrom sufficient enough for putting the product into circulation. The provision of
Article 299(6) shall apply accordingly.IP/N/1/POL/I/2
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2. “A counterfeit trademark” shall mean any tradem ark identical with or indistinguishable in the
course of regular trade from a registered trademark, and unlawfully used in respect of the goods
covered by the right of protection.
Article 298
Where the infringer has acted in good faith, claims for infringement of a right of protection for a
trademark, shall be enforceable in respect of th e period beginning on the day following the date of
making the information on the filing of the application public by the Patent Office in accordance with
Article 143, and in case of the infringer being earlier notified on the filing of the application, from the
date of notice. The provisions of Article 288(1) and 289 shall apply accordingly.
Article 299
1. At the request of a right holder of a registered trademark, goods imported into the Polish customs
area, which are validly suspected of bearing a counterfeit trademark shall, subject to paragraph (8), be
liable to suspension by the customs authorities. Th e suspension may be subject to providing by the
requesting party of a security determined under the provisions of the customs law and intended to
cover expenses incurred by the customs authorities or to meet other claims, which may arise.2. The requesting party and the importer of the goods shall be promptly notified by the customs
authorities of the suspension of the release of the goods.
3. The customs authorities shall release the goods if, within a period not exceeding 10 days of having
been served notice of the suspension of the goods, th e requesting party has failed to furnish an interim
order issued by the court to secure the claims and ordering the suspension of the goods on the border.On request, this time limit may be extended by another period of 10 days only in the event of the
court’s failure, with the requesting party’s due diligence, to decide on the request for the issue of an
interim order within a time limit enabling the requestin g party to furnish it to the customs authorities.
4. Where the interim order referred to in paragraph (3) has been issued by the court before a legal
action is taken, the customs authority shall release the goods also in the event of the requesting party’sfailure to furnish, within the time limit fixed by the court for taking a legal action, evidence that the
action has actually been taken.
5. To the periods referred to in paragraph (3) statutory days off  shall not be added.
6. The re-exportation of the counterfeit trademark goods in an unaltered state shall only be allowed in
exceptional circumstances.
7. Paragraphs (1) to (6) shall not apply to goods which are in transit through the Polish customs area
or imported by travellers in quantities allowed under the provisions of the customs law for goodsexempted from customs duties.
8. The customs control provided for in paragraph (1) may be waived on the border with a country,
with which the Republic of Poland forms part of a customs union and has substantially dismantled all
controls over movement of goods across that border.
Article 300
In the cases referred to in Article 299 customs authorities shall be competent, which operate according
to the procedures and under the conditions determined by the provisions of the customs law.
Article 301
Unless the trademark is the subject of a right of protection, any party using a well-known trademark
on the territory of the Republic of Poland may demand the cessation of the use by another party of the
identical or similar trademark in respect of identical or similar goods, if such use is likely to mislead
the public. The provision of Article 296(2)(iii) shall apply accordingly to well-known trademarks
having a reputation.
Article 302
1. Subject to Article 186, the provisions of Articles 296 to 300 shall apply accordingly to geographical
indications.IP/N/1/POL/I/2
Page 64
2. The claims referred to in Article 296 may be enforced by a holder of a right in registration for a
geographical indication, as well as by any party entered in the register as authorised to use it.
Title X
Penal Provisions
Article 303
1. Anyone who usurps another’s authorship or misleads  another party as to the authorship of another’s
person inventive project, or otherwise infringes rights of the creator of an inventive project, shall be
liable to a fine, limitation of freedom or imprisonment for a period not exceeding one year.
2. A person committing the act referred to in paragraph (1) for material profit or personal gain shall beliable to a fine, limitation of freedom or imprisonment for a period up to two years.
Article 304
1. Any person who, not being entitled to be granted a patent, a right of protection or a right in
registration, files another’s invention, utility model, industrial design or topography of an integratedcircuit in order to be granted a patent, a right of protection or a right in registration, shall be liable to a
fine, limitation of freedom or imprisonment for a period of up to two years.
2. The same penalties shall incur anyone disclosing information on another’s invention, utility model,
industrial design or topography of integrated circuit or otherwise preventing another party from being
granted a patent, a right of protection or a right in registration.3. A person committing the act referred to in paragra ph (2) unintentionally shall be liable to a fine.
Article 305
1. Anyone marking goods with a counterfeit tradem ark for the purpose of placing them on the market
or placing on the market goods bearing such trademark, shall be liable to a fine, limitation of freedomor imprisonment for a period of up to two years.
2. A person committing acts of minor gravity shall be liable to a fine.
3. A person who has made the offence referred to in paragraph (1) his continuing source of proceeds
or commits that offence in respect of the goods of handsome value shall be liable to imprisonment for
a period from 6 months to five years.
Article 306
1. In case of conviction for the offence specified in Article 305(3), the court shall order forfeiture to
the fiscus of the goods proceeding from the offence as well as the materials, tools and technical
means, which have served or have been intended to serve for the purpose of committing the offence;
if such materials, tools or technical means do not belong to the perpetrator, the court may order the
forfeiture thereof to the fiscus.2. In case of conviction for the offence specified in Article 305(1), the court may order forfeiture to
the fiscus of the goods proceeding from the offence as well as the materials, tools and technical
means, which have served or have been intended to serve for the purpose of committing the offence,
even if they do not belong to the perpetrator.
3. In case of ordering the forfeiture referred to in paragraph (1) or (2), Article 195 of the ExecutivePenal Code shall apply accordingly, whatever is the value of the goods, the forfeiture of which has
been ordered.
Article 307
1. Anyone marking goods not protected by a patent, a right of protection for a utility model or a right
in registration for an industrial design, for a topography of an integrated circuit, or for a geographical
indication, with statements or signs calculated to give the impression that the goods enjoy such
protection, shall be liable to a fine or detention.IP/N/1/POL/I/2
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2. Anyone putting on the market, or preparing or stocking for that purpose the goods referred to in
paragraph (1), or providing by announcements, communications or otherwise, information calculated
to give the impression that the goods enjoy legal protection, while being aware of their being falsely
marked, shall be liable to the same penalties.
Article 308
Anyone putting on the market goods bearing a trademark accompanied by a discriminant which is
intended to make the false impression that the goods enjoy such protection, shall be liable to a fine.
Article 309
In organisational entities, the liability referred to in Articles: 303, 304, 305, 307 and 308 shall incur a
person running or managing an entity, unless the allocation of responsibilities implies the liability ofanother person.
Article 310
1. Prosecution of persons committing the offences referred to in Articles: 303, 304 and 305(1) and (2)
shall be initiated at the injured person’s request.2. Cases involving the acts referred to in Articles: 307 and 308 shall be decided under the provisions
governing the procedure applied in cases concerning petty offences.
Title XI
Changes in the Effective Provisions
Transitional and Final Provisions
Part I
Changes in the Effective Provisions
Article 311
In Article 35§2 of the Commercial Code, the full stop at the end of the sentence shall be deleted and
the following words added: ”and the Act – Industrial Property Law”.
Article 312
The following changes are introduced to the Code of Civil Procedure:
1) in Article 87:
(a) in §1 after the words “legal adviser” are added coma and the words: “and in industrial
property matters also a patent attorney”.
(b) §6 is added which reads as follows:
“§6. In matters involving the protection of industrial property, a creator of an inventive project
may also be represented by a representative of an organisation, whose statutory tasks cover
encouraging industrial property and assisting creators of inventive projects.”
2) In Article 89§1, second sentence, after the words “legal adviser”, are added coma and the
following words: “and a patent attorney”;
3) In Article 99 after the words “legal adviser” the words “or a patent attorney” are added;
4) In Article 393², §3 is added which reads as follows:IP/N/1/POL/I/2
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“§3. In cases involving industrial property matters a patent attorney may also be the representative
referred to in §1”.
Article 313
In Act of 20 September 1984 on the Supreme Court (O.J. of 1994 No 13 item 48, of 1995 No 34 item
163; of 1996 No 77 item 367; of 1997 No 75 item 471, No 98 item 604, No 106 item 679, No 124
item 782 and of 1999 No 75 item 853, and No 110 item 1255) in Article 16(2) the words “law on
inventive activity” shall be replaced by the words “Industrial Property Law”.
Article 314
In Act of 11 May 1995 on the Supreme Administration Court (O.J. No 74 item 368, No 104 item 515;
of 1997 No 75 item 471, No 106 item 679, No 114 item 739, No 144 item 971; of 1998 No 162 item1126; of 1999 No 75 item 853 and of 2000 No 2 item 5), the following changes shall be introduced:
1) in Article 19, subparagraph (vi) shall be deleted;
2) Article 57(2) shall read as follows:
“The Minister of Justice, the General Public Prosecutor, the First President of the Supreme Court,
the President of the Supreme Administration Cour t, the Ombudsman, in matters falling within the
field of labour law and social insurance – a minister responsible for labour and social policy, and in
matters falling within the field of industrial property protection – the President of the Patent Office
of the Republic of Poland, may lodge an extraordinary appeal to the Supreme Court against any
decision of the Court, which grossly violates  law or interest of the Republic of Poland.”
Part II
Transitional and Final Provisions
Article 315
1. Rights conferred in respect of inventions, utility models, ornamental designs, topographies of
integrated circuits, trademarks and rationalisation projects, existing at the time of entry into force of
this Law, shall remain effective. To these rights  the previous provisions are applicable, unless the
provisions of this Part stipulate otherwise.
2. Legal relationships established prior to the entry into force of this Law shall continue to be
governed by the previous provisions.
3. Statutory requirements for the grant of a patent, a right of protection or a right in registration shallbe assessed under the provisions effective at a date of filing of an application concerning an invention,
a utility model, a trademark or a topography of an integrated circuit with the Patent Office. However,
the provision of Article 37(2) shall apply to patent and utility model applications pending at the date
of entry into force of this Law.
Article 316
1. Applications concerning ornamental designs filed before the date of entry into force of this Law
and pending at that date, shall be considered as industrial design applications.
2. Patent applications concerning secret inventions or applications for the grant of a right of protection
for a secret utility model, filed before the date of en try into force of this Law and pending at that date,
shall be considered as applications filed for the purpose of claiming priority.
3. Applications for the grant of a right of protection of addition for a utility model filed before the date
of entry into force of this Law and pending at that date, shall be considered as applications filed for
the purpose of obtaining a right of protection.IP/N/1/POL/I/2
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4. As from the date of entry into force of this Law, applications concerning inventions, utility models,
industrial designs, trademarks and topographies of integrated circuits shall be processed under the
provisions of this Law.
5. The previous register of collective trademarks shall be considered as a separate complete book of
the Trademark Register.
Article 317
Subject to Articles 318 and 319, litigation proceedings before the Patent Office and proceedings
before the Board of Appeals with the Patent Office, initiated before the date of entry into force of this
Law and pending at that date, shall, as from the date of entry into force of this Law, be conducted
under its provisions.
Article 318
1. Litigation proceedings in the cases referred to in Article 255, conducted by the Patent Office under
the previous provisions shall be continued before the Litigation Division.
2. Proceedings before the Board of Appeals in the cases referred to in Article 255, conducted under
the previous provisions, shall be taken over by the Supreme Administration Court.3. Appeals and complaints examined under the previous  provisions before the Board of Appeals in the
course of administrative procedure shall be taken over by the Patent Office and examined before the
Chamber of Appeals in the procedure applied for re-consideration of cases.
4. Any proceedings in cases decided by the Patent Office and the Board Appeals in litigation
procedure under the previous provisions and not falling, under this Law, within the competence of thePatent Office, shall be discontinued. Paid fees for requests for taking a decision and in case of cases
heard by the Board of Appeals also appeal fees shall be liable to reimbursement.
Article 319
Any cases in which a decision on the lapse of a right in trademark registration for the reason of non-
use thereof is sought, shall be remitted to the Litigation Division, and appeals against such decisions,
as complaints against decisions of the Patent Office shall be conveyed to the Supreme Administration
Court.
Article 320
To appeals and complaints conveyed to the Supreme Administration Court pursuant to Article 318(2)
and Article 319, the provision of Article 318(4) second sentence shall apply accordingly.
Article 321
Judgements of the Supreme Court passed in consequence of extraordinary appeals shall be transmitted
for enforcement to competent authoritie s pursuant to the provisions of law.
Article 322
∗
Article 323
1. Staff members of the Patent Office who at the date of entry into force of this Law remain, under the
previous provisions, authorised by the President of the Patent Office to decide in the matters referred
to Article 261(2)(ii) and (iii), as well as on entries in registers, shall be authorised to decide for a
period of three years from the date of entry into for ce of this Law and to the extent as provided for in
this Law. However, if necessary, the President of the Patent Office may alter the scope of the
authorisation granted.
                                                     
∗ Deleted as found under the decision of the Constitutional Court taken on 21 March 2001 to be against
Article 2 of the Constitution of the Republic of Poland (Official Gazette No 10, item 160)IP/N/1/POL/I/2
Page 68
2. Any employment relationships established with the staff members referred to in paragraph (1) by
way of nomination, shall, upon the entry into force of this Law, convert into an employment
relationship based on a contract of employment unlimited in time.
3. Grant of the authorisation for a staff member referred to in paragraph (1) to decide after the expiry
of the three-years period from the date of entry into force of this Law, shall be conditional upon thepass of an examination. The provisions of Article 267(3) and (4) shall apply accordingly.
4. A staff member, who successfully passed the examination required under paragraph (3), may be
advanced to an expert’s post, while being released of the obligation to serve his apprenticeship as an
assistant expert.
Article 324
Unless this Law stipulates otherwise, the provisions on establishing salaries in the agencies financed
from the state budget, applicable in respect of members of civil servants corps, shall apply
accordingly to determination of salaries and limits for recruitment of experts and assistant experts at
the Patent Office.
Article 325
1. In case of entities lacking legal personality, a patent, a right of protection or a right in registration
may only be granted on behalf of a legal person, of which the entity is member, or on behalf of a
natural person or persons running that entity on his/their own behalf.
2. Rights belonging to the State Treasury shall be exercised in its name by a government agency or a
State organisational unit competent to manage a respective State Treasury’s property being the subjectof a given right.
Article 326
The following shall be repealed:
   1) Law of 19 October 1972 on Inventive Activity (O.J. of 1993 No 26 item 117; of 1997 No 88 item554 and No 121 item 770),
   2) Law of 31 January 1985 on Trademarks (O.J. No 5 item 17; of 1989 No 35 item 192; of 1993 No
10 item 46; of 1994 No 74 item 331 and of 1997 No 88 item 554),
   3) Law of 30 October 1992 on the Protection of Topographies of Integrated Circuits (O.J. No 100
item 498; of 1997 No 88 item 554 and No 121 item 770),
   4) Law of 31 May 1962 on the Patent Office of the Republic of Poland (O.J. of 1993 No 26 item
118),   5) the provisions of Articles 5-7 of the Law of 30 October 1992 amending the Law on Inventive
Activity and the Law on the Patent Office of the Republic of Poland (O.J. of 1993 No 4 item 14).
Article 327
This Law shall enter into force three months after its promulgation.
Signed by the President of the Republic of Poland with the omission of Article 322 found by the
Constitutional Court as being against the Constitution of the Republic of Poland
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