Intellectual Property Law in Poland: Trademarks, Patents, Copyright and IP Enforcement (2026)

Poland is a full EU member state, meaning that EU intellectual property rights — EU trademarks (EUTM), Community designs, and Supplementary Protection Certificates — take effect on Polish territory automatically. Polish domestic IP law (Industrial Property Law Act 2000 and Copyright Act 1994) also provides independent protection. This guide covers the key IP rights and how to protect them in Poland.

Trademarks in Poland

There are two main routes for trademark protection in Poland: the EU Trademark (EUTM) at the EUIPO, which covers all 27 EU member states including Poland in one application, and a Polish national trademark registered at the Polish Patent Office (UP RP). For businesses primarily operating in Poland, a national registration may be cheaper; for those with EU-wide operations, the EUTM is more efficient.

Polish national trademarks are registered for 10 years (renewable). The UP RP examines for absolute grounds (distinctiveness, descriptiveness) but does not conduct automatic relative grounds searches — third parties must file oppositions within 3 months of publication. Polish IP boutiques such as JWP Patent & Trademark Attorneys and TKCP have dedicated trademark prosecution teams.

Patents

Patent applications for Poland can be filed nationally (UP RP), via the European Patent Convention (EPO, designating Poland), or via the PCT route. A Polish national patent lasts 20 years from filing. Poland is also a signatory to the Unitary Patent system, which entered into force in June 2023 and provides patent protection across 17 EU member states in a single procedure.

Copyright in Poland

Copyright protection in Poland arises automatically upon creation — no registration is required or available. The Copyright Act protects literary, artistic, scientific and software works. The term is life of the author plus 70 years. Software is protected as a literary work under Polish law, consistent with the EU Software Directive.

One important Polish peculiarity: the Act creates moral rights (personal copyright rights) that are perpetual and inalienable — an author cannot waive the right to be attributed. Commercial licences must separately address moral rights. Employment contracts should contain explicit provisions on the assignment of economic copyright rights for works created in the course of employment.

Trade Secrets

Poland transposed the EU Trade Secrets Directive in 2018, introducing the concept of a "business secret" into the Unfair Competition Act. Protection requires that the information is confidential, has economic value and is subject to reasonable protective measures. Non-disclosure agreements and access controls are key to establishing protection.

IP Enforcement in Poland

IP rights can be enforced in Poland through civil proceedings (damages, injunctions, publication of the judgment) and — in cases of deliberate infringement — criminal proceedings. Poland's IP law courts have been significantly strengthened in recent years, with specialised IP divisions in Warsaw and Poznan District Courts. Emergency measures (ex parte provisional injunctions) are available and frequently used in e-commerce infringement cases.

Frequently Asked Questions

Does registering an EUTM protect my brand in Poland?

Yes. An EUTM has the same legal effect as a national Polish trademark. A Polish entity that registered a similar mark before your EUTM filing date can, however, oppose your EUTM on relative grounds.

Can I enforce my copyright against a Polish website operator?

Yes. Polish courts accept copyright claims from foreign rights holders. Injunctions to block infringing websites can be obtained through CERT Polska in cases of illegal streaming services.

How long does a Polish patent application take?

National patent prosecution at the UP RP takes 3–5 years. A European patent designating Poland is typically granted in 3–4 years via the EPO and then requires validation (translation, payment) within 3 months of grant.