Patent Office of the Republic of Poland


BASIC INFORMATION ON LEGAL PROTECTION OF INDUSTRIAL DESIGNS

  1. Questions relating to legal protection of industrial designs are regulated by the act of 30 June 2000 – Industrial Property Law (Journal of Laws of 2003, No 119, text 1117 and of 2004, No 33, text 286), as well as by Regulation of the Prime Minister of 30 January 2002 on filing and processing of industrial design applications (Journal of Laws No 40, text 358).
    The Patent Office of the Republic of Poland receives and examines applications of industrial designs, takes decisions in matters related to the grant of rights in their registration and keeps the Register of industrial designs.
  2. Any new and having individual character appearance of the whole or a part of a product resulting from the features of, in particular, the lines, colours, shape, texture or materials of the product and its ornamentation, shall constitute an industrial design.
    Any industrial or handicraft item, including, in particular, packaging, graphic symbols and typographic typefaces, but excluding computer programs, shall be considered to be a product.
    An industrial design shall be considered to have individual character, if the overall impresssion it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available before the date according to which priority is determined.
    An industrial design shall be considered new if, before the date according to which priority to obtain a right in registration is determined, no identical design has been made available to the public, i.e. used, exhibited or otherwise disclosed. Designs shall be deemed to be identical with those made available to the public if their features differ only in immaterial details. A design shall not be deemed to have been made available to the public, if it could not have become known to the circles specialised in the sector, to which the design belongs.
    Rights in registration shall not be granted for industrial designs whose exploitation would be contrary to public order or morality.
  3. For an industrial design a right in registration may be granted.
    The right in registration shall confer on its holder the exclusive right to exploit the industrial design for profit or for professional purposes throughout the territory of the Republic of Poland.
    The right conferred by the registration of an industrial design shall be limited to the kind of products, in respect of which the protection has been applied for.
    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, the said term being divided into 5-year periods. A right in registration shall be granted subject to payment of a fee for the first protection period.
    A right in registration for an industrial design shall belong to the creator.
    Where an industrial design has been made jointly by a number of persons, the right in registration shall belong to them jointly.
    If an applicant, requesting a right in registration for an industrial design, is not its creator, he shall be obliged to indicate the creator in his request and state the grounds on which his own right to obtain a right in registration is based.
  4. The filing of an industrial design with the Patent Office may be done personally or by a representative, by hand or by post.
    An industrial design application by means of which a right in registration is saught shall contain:
    • a request at least containing indications concerning the applicant, the definition of the subject-matter of the industrial design application and a petition for the grant of a right in registration;
    • a description of the industrial design with the drawing (3 copies) disclosing the subject-matter of the design.

    An industrial design application may also contain photographs and (in case of textile designs) samples of a textile fabric.
    Documents claiming priority may be submitted not later than within three months from the filing date of the industrial design.
    An application shall be deemed to have been filed at the date at which it has been received by the Patent Office. If an application has been transmitted by fax, the original copy of it shall be required within 30 days from the date on which the transmission was effected.
    This time limit cannot be restored. If an application which has been transmitted by fax is illegible or not identical with the submitted original, the date at which the original has been received shall be deemed to be the filing date.
    Basic fee for an industrial design application is 300 zloty. It should be paid in advance or within one month from the date an invitation to payment was submitted by the Patent Office. However, notice should be taken of the current fee rates, as they are subject to periodical changes.
  5. One industrial design application may relate to individual appearances of a product having the essential features common (forms of an industrial design). One application may contain no more than ten forms of an industrial design, unless the said forms taken 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 figures of one drawing.
  6. Grant of a right in industrial design registration shall be evidenced by the issue of a certificate of registration.
    Granted rights in industrial designs registration shall be recorded in the Industrial Designs Register.