Global Innovation Policy Center

March 15, 2017

Poland


Primary Sources

  • Act No. 331 of May 11, 1994, amending the Act on Trademarks (1994)
  • Act No. 83 of February 4, 1994, on Copyright and Neighboring Rights (as amended up to May 20, 2016) (2016)
  • Act of April 11, 2001, on Patent Attorneys (as amended up to Law of December 12, 2013, on Foreigners) (2013)
  • Act of February 16, 2007, on Competition and Consumer Protection (as amended up to Act of January 20, 2011) (2011)
  • Act of July 24, 2015, amending the Act on Industrial Property and some other Acts (2015)
  • Act of June 26, 2003, on the Legal Protection of Plant Varieties (as amended up to Act of September 6, 2011) (2011)
  • Act of June 30, 2000, on Industrial Property (consolidated version of November 29, 2013) (2013)
  • Act of June 9, 2000, on Amendments to Act on Copyright and Neighboring Rights (2000)
  • Act of March 14, 2003, on the filing of European patent applications and effects of European patents in the Polish Republic (2007)
  • Act of September 11, 2015, on Amendments to the Copyright and Related Rights Act and Gambling Act (2015)
  • Code of Civil Procedure (adopted on November 17, 1964)
  • Code of Criminal Procedures (issued on June 6, 1997)
  • Council of Ministers Decree of July 23, 2002 on Inventions and Utility Models relating to Defense or Security of the State (2002)
  • Council of Ministers Order of January 8, 2002 on the detailed scope of the Polish Patent Office (2002)
  • Guidelines of the President of the Patent Office for the interpretation of certain provisions of Law of June 30, 2000 on Industrial property (2003)
  • Ordinance of Council of Ministers of August 29, 2001, on Charges relating to the Protection of Inventions, Utility Models, Industrial Designs, Trademarks, Geographical Indications and Topographies of Integrated Circuits (2001)
  • Ordinance of the Minister of Culture and National Heritage of November 2, 2015, on the Procedure for the Distribution and Payment of Remuneration for Public Lending of the Copies of Works and the Designation of Collecting Societies through Competition for Distributing and Paying Remuneration (2015)
  • Ordinance of the Minister of Culture and National Heritage of September 11, 2015, on the Collection and Payment of Supplementary Remuneration to the Performers from the Phonogram Producers and the Designation of Collecting Societies through Competition for Collecting and Distributing the Remuneration (2015)
  • Prime Ministerial Decree of July 29, 2003, on the Submission and Consideration of Requests for Additional Rights of Protection for Medicinal and Plant Protection Products (2003)
  • Prime Ministerial Decree of July 8, 2002 on the Filing and Processing of Trade Marks (2002)
  • Prime Ministerial Decree of June 7, 2004 on the statute of the Patent Office of the Republic of Poland (2004)
  • Prime Ministerial Decree of May 15, 2008 on filling in an electronic form of applications for the protection of inventions, medicinal products and plant protection products, utility models, industrial designs, trademarks, geographical indications and topographies of integrated circuits, and on carrying out correspondence in an electronic form (2008)
  • Prime Ministerial Decree of September 17, 2001, on Filing and Processing of Patent and Utility Models
  • Regulation of the Prime Minister of January 23, 2015, amending the Regulation on Filing and Processing Industrial Design Applications (2015)
  • Regulation of the Prime Minister of January 30, 2002 on filing and processing industrial design applications (as amended on 13 June 2005) (2005)
  • Regulation of the Prime Minister of September 17, 2001, on Filing and Processing of Patent and Utility Model Applications (as amended on June 14, 2005) (2005)

EU Legislation

  • Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (2016)
  • Directive (EU) No. 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (2016)
  • Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark
  • Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (2016)
  • Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (2014)
  • Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 (2013)
  • Directive No. 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (2012)
  • Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (2012)
  • Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights (2011)
  • Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (2009)
  • Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA relevance) (2009)
  • Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (2007)
  • Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (2004)
  • Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs (2002)
  • Directive No. 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (2001)

Secondary Sources

  • AIPPI (2010), “Question Q215 Protection of trade secrets through IPR and unfair competition law”, 3/31/2010
  • AIPPI (2012), ” Q230 – Infringement of trademarks by goods in transit”, 5/17/2012
  • AIPPI (2012),”Question Q229 – The use of prosecution history in post-grant patent proceedings”5/18/2012
  • Allen & Overy A Pedzich Spk (2016), ” International report – Poland allows full cumulative protection of industrial designs”, 6/8/2016
  • Artosz KRAKOWIAK/AIPPI, “”Question 203 – Damages for infringement, counterfeiting and piracy of Trademarks””
  • Baker&MacKinzie (2012), “IP: Patent Trends Around the World”
  • Beata Wojtkowska/INTA Bullettin (2015), “POLAND: Amendment to IP Law Allows for Letters of Consent “.12/15/2015
  • Bird&Bird (2013), “Poland: Criminal protection of designs is not so easy in Poland”, 10/23/2013
  • Blog Domeny (2015),”Squatter, not only in your apartment, an increase of cybersquatting”,6/10/2015
  • BSA (2010), “Software management in central and local public administration” (translated)
  • BSA (2013), “2013 BSA Global Cloud Computing Scorecard -Poland Report”
  • CMS (2013), “International Patent Litigation Guide”, May 2013
  • CMS (2015), “Poland adopts first set of changes to copyright law”, 8/12/2015
  • EIFFL (2015), “Copyright Reform in Poland”
  • EU (2013), “EUROPEAN SOCIAL FUND HUMAN CAPITAL OPERATIONAL PROGRAMME FOR 2007‐2013”, Appendix No. 9 to the SETC
  • Ewa Kacperek and Aleksandra Kuc (2015), “Poland – Punitive damages for copyrights infringement declared unconstitutional by Constitutional Tribunal”, 7/2/2015
  • Polish Government (2012), TERMS OF REFERENCE HANDLING PUBLIC PROCUREMENT IN “Development and modernization INFRASTRUCTURE, October 2012
  • Hogan Lovells, “Patents – Patent litigation – Poland”
  • Izabela Milczarek/Laborant “Patenting of biotechnology inventions”(translated)
  • Jacek Czarnecki/Wardinsky Partners (2015), “”New rules for commercialisation of university research””, 2/26/2015
  • Jaroslaw Adamowski (2015), “Polish Parliament Moves Toward Amending IP Law, Patent Registration Procedures”, IP Watch, 9/14/2015
  • Jaroslaw Filipek/Eioba (2014), “Brand Protection”, 3/5/2014
  • Jaroslaw Filipek/Eioba (2014), “Cybersquatting – design and protection against unfair competition names”, 11/3/2014
  • Jaroslaw Markieta, IP&Law (2015), “How patent holders can make use of border protection”, IAM
  • K&L Gates (2013), “Trade marks and unfair competition”, Bullettin no. 3/2013 (12)
  • Katja Hafner/IP Frontline (2016), “Poland Introduces Trademark Opposition System”, 5/9/2016
  • Krystyna Szczepanowska/DLA Piper (2012), “Software Patent in Poland?Yes”, 5/14/2012
  • Leszek Szymanski/PAP (2014), “Artists Urge the Speaker of the Parliament to Fight Against Piracy” (translated)
  • Magdalena Lemańska (2014), “Pirated VoD services on the Internet in Poland more popular than lega” 12/9/2014l
  • Małgorzata Zielin ́ s_x0000_ka-Łazarowicz and Joanna Piłka,”Poland”, World Trademark Review, pp.215-222
  • Marcin Fijałkowski/AIPPI (2013), “Plain Packaging Questionnaire – Trademarks Committee”
  • Martin May (2014), “The Ministry of digitization and the fight against piracy” (translated) 9/8/2014
  • Ministry of Administration (2013), “The amendment to the Act on electronic services (UŚUDE) at a cabinet meeting”, 26/2/2013
  • Natalia Mileszyk/Communia (2016), Summary of 2015 amendments to the Polish Copyright Act
  • Newsweek (2015), “Counterfeit drugs on the Polish market. Adulteration of drugs in Poland”, 4/4/2015
  • Polish Radio (2014), “What threatens to download movies from the Internet? Piracy continues to be unpunished?”, 7/23/2014
  • PwC, Scale of online video piracy in Poland
  • Roedl&Partner (2016), “Changes to Industrial Property Law in Poland in 2016, 3/31/2016
  • Slawomir Wikariak/Prezent (2015), “On-line services: Lock or liability for offensive comments” (translated), 6/9/2015
  • Slawomira Piotrowska et al/Patpol, “Poland”, World Trademark Review
  • Sołtysiński Kawecki & Szlęzak/International Law Office (2014), “Will changes open door to patenting computer-implemented inventions?:, 12/22/2014
  • Supreme Administrative Court (2011), “Judgement II GSK 522/10”, 5/31/2011
  • Szymon Gogulski/ILO (2016), “Court should wait until validity of industrial design is decided”, 4/4/2016
  • Szymon Gogulski/Sołtysiński Kawecki & Szlęzak (2015), “Upcoming changes to Industrial Property Law”,11/23/2015
  • Tomasz Zalewski (2015), “IP network, or new technologies and the Internet look lawyer”(translated), 6/15/2015
  • World IP Review (2013), “New tools: patent enforcement proceedings in Poland”, 11/1/2013
  • Wolf Theiss (2016), “Amendments To The Polish Industrial Property Law”, Mondaq, 9/29/2016
  • WP Tech (2015), “Piracy in Poland ­ as it looks? What are the risks?” (translated)
  • WP Tech (2015), “Pole sentenced to three years in prison for piracy”, 4/23/2015
  • WP Tech (2015), “Polish police action against our online piracy” (translated), 6/1/2015
  • WP Tech (2016),”End of piracy in Poland !? It seems that nothing can not pull myself” (translated), 6/23/2016
  • World Trademark Review (2014), “Fighting the Fake”, August/September 2014
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Please contact Scott Hall at smhall@uschamber.com or 202-463-5817.