WORLD TRADE
ORGANIZATIONIP/N/1/POL/2
25 April 2000
(00-1669)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
POLAND
By means of communications from its Permanent Mission, dated 9 February 2000 and
19 April 2000, the following notification has been received from Poland under Article 63.2 of the
Agreement.
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I have pleasure in submitting the enclosed notification of domestic legislation that Poland
wishes to effect under Article 63.2 of the TRIPS Agreement.
The texts that have been notified and circul ated in 1996-1998 (see documents IP/N/1/POL/1
and Rev.1;  IP/N/1/POL/C/1-2;  IP/N/1/POL/L/1 ;  IP/N/1/POL/P/1-2;  and IP/N/1/POL/T/1) were
notified for the purpose of Articles 3, 4 and 5 of the TRIPS Agreement.  These texts are now notified
for the purpose of the other provisions of the Agreement.
In addition, the following laws are also notified1:
- Act of 16 April 1993 on combating unfair competition.
- Act of 24 February 1990 on counteracting monopolistic practices and protection of
consumer interests.
- The Code of Civil Procedure, adopted on 17 November 1964.
- The Code of Criminal Procedure, adopted on 6 June 1997.
- Regulation of the Council of Ministers of 2 February 1999 on the procedure and
operating principles for Customs Authorities for withholding goods in case of
suspected violation of provisions of intell ectual, commercial and industrial property.
In relation to some of these laws a draft of a new Industrial Property Law is currently in
Parliament.  Some information on this draft law is provided in Annex III.
Poland is also preparing additional responses to the checklist of issues on enforcement,
because the responses that were circulated in document IP/N/6/POL/1 of 11 May 1998 only
concerned the area of copyright and related rights.
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1 Further details are provided in Annexes I and II below.IP/N/1/POL/2
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ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
TITLE,
DATE OF ADOPTION
AND ENTRY INTO FORCEBRIEF DESCRIPTION
Special requirements related to border
measures
Regulation of the Council of Ministers
of 2 February 1999,2
on the procedure and operating principles for
Customs Authorities for withholding goods in
case of suspected violation of provisions of
intellectual, commercial and industrial property.
(Entry into force:  13 March 1999.)The regulation contains provisions on procedure
for customs authorities.
                                                     
2 See document IP/N/1/POL/E/1.IP/N/1/POL/2
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ANNEX II
OTHER LAWS AND REGULATIONS
TITLE,
DATE OF ADOPTION
AND ENTRY INTO FORCEBRIEF DESCRIPTION
Marketing practices rights
Act of 24 February 1990
on counteracting monopolistic practices and
protection of consumer interests.
(Entry into force:  13 April 1990.)The Act prohibits monopolistic practices and
abuses of dominant position and various types of
restrictive agreements, all of which are treated as
monopolistic practices.  At the same timeArticle 3.1 statues that "the Act does not violate
any exclusive rights ensuing from the legal
regulations concerning protection of intellectual
or industrial rights, and in particular provisions
on inventions, trademarks, decorative patterns,
protection of topography of integrated circuits,
copyright and neighbouring rights.
Protection of undisclosed information
Act of 16 April 1993
on combating unfair competition.
(Entry into force:  9 December 1993.)The Act on combating unfair competition deals,
among others, with the protection of undisclosed
information.  The Act does not apply to specific
products such as pharmaceuticals or agricultural
chemical products.  Issues connected with
specific products or information on them andrelated problems are dealt with by sectoral
legislation or by legislation in the field of patents.
Civil judicial procedures and remedies
The Code of Civil Procedure,
adopted on 17 November 1964.
(Entry into force:  1 January 1965.)The Code contains procedural rules regarding
civil procedures in various cases.
Criminal procedures
The Code of Criminal Procedure,
adopted on 6 June 1997.
(Entry into force:  1 September 1998.)The Code contains procedural rules for criminal
judicial proceedings and prosecution.IP/N/1/POL/2
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ANNEX III
Some Information on the Draft Law on Industrial Property
Legislative works in the Polish Parliament for the adoption of the new Industrial Property
Law are nearing completion.  At present, the draft is being prepared for the third reading in Sejm.
According to the present expectations, the Law will be finally adopted in late April or early May, with
the entry into force on the date of promulgation (on the turn of May/June).  The delay in the adoption
of the Law was caused by the pressure of legislative works in Parliament on the one hand, and the
complexity of the subject-matter under regulation as well as the sensitivity of some controversial
issues which required to be consulted with interested circles, on the other hand.
The new law is supposed to bring the Polish system of industrial property protection in full
compliance with the TRIPS requirements, in some respects providing even more enhanced protection
than that required.  When compared with the pr esent regulations, it includes the following changes
and additions:
I. Patents
1. It provides for the protection for inventions in all fields of technology.
2. It permits patent claims to be amended for the purpose of claiming enhanced
protection, which was not earlier available.
3. It determines detailed conditions for granting compulsory licences.
II. Trademarks
1. It provides full protection for famous, well-known and having-reputation trademarks.
2. It includes the notion of a counterfeit trademark.3. It provides for penal liability for counterfeiting of a trademark.4. It provides for a possibility of granting a common right of protection for a trademark.
5. It provides for a possibility for a product bearing a counterfeit trademark to be seized
at the border.
6. It permits a trademark application to be divided in respect of a list of goods.
III. Geographical indications
1. In addition to the provisions on combating unfair competition, it provides protection
for geographical indications by way of registration.
2. Registration of a geographical indication may be sought by an organization
representing interests of the producers from a given territory or by a local or
autonomous administration agency.IP/N/1/POL/2
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3. It provides for additional protection for geographical indications for wines and spirits.
4. It provides for a possibility for a product bearing a deceiving geographical indication
to be seized at the border.
IV. Industrial designs
1. It provides protection for any industrial designs, including textile designs, by way of
registration.
2. It provides for a possibility of covering in one application various individual forms of
a subject having common essential features, i.e. varieties of a design.
3. It establishes the 25-year-protection period.
4. It provides for design protection under the copyright regime after the termination of
the registration.
V. Topographies on integrated circuits
1. It determines the detailed requisites for the registration of topographies of integrated
circuits.
2. It provides for more detailed regulations in respect of the protection for topographies
and makes them harmonized with the TRIPS requirements.
VI. Miscellaneous
1. It provides for judicial review of the Patent Office's decisions.
2. It provides for additional rules and procedures for border control.
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