POLAND Law and Practice Contributed by: Łukasz Klimczyk, Maciej Skrzypek, Beata Danel-Skrzypek and Piotr Klepuszewski, SLK Partners
such measures are typically introduced through fed - eration licensing and disciplinary regulations. 4.3 Sport Funding Sports financing in Poland follows a mixed model combining public and private funding sources. Public funding plays a central role and is allocated primarily through the state budget via the minister responsible for physical culture, as well as through dedicated public funds and government programmes supporting professional, youth and grassroots sport. Public funds are granted in particular for national team preparation and participation in international competitions, youth training programmes, organisa - tion of sports competitions, and development or mod - ernisation of sports infrastructure. The legal basis for such funding is provided by the Polish Sports Act and implementing regulations governing public grants. Local government units represent another important source of financing, mainly through targeted grants for sports organisations operating within a given terri - tory, as well as through the financing and maintenance of sports infrastructure and support for youth sport programmes. Private financing constitutes a further pillar of the Polish sports economy and typically includes spon - sorship and marketing agreements, media rights rev - enues, commercial activities (including ticketing and merchandising) and investments from private inves - tors. In practice, the balance between public and private funding varies depending on the discipline. Sports with stronger commercial appeal and media visibility tend to rely more heavily on private funding, while less commercialised disciplines remain more dependent on public support. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Registration In Poland, a trade mark may be registered either:
• at the national level before the Urząd Patentowy Rzeczypospolitej Polskiej (Polish Patent Office); or • at the European Union level before the European Union Intellectual Property Office (EUIPO), which grants protection across all EU member states. The following signs cannot be registered as a trade mark: • signs lacking distinctive character; • descriptive signs (ie, signs that are not capable of distinguishing the goods or services of one under - taking from those of another); • signs contrary to public policy or accepted princi - ples of morality; • misleading signs; • state symbols, coats of arms, or flags without proper authorisation; or • signs infringing third-party rights (eg, earlier trade marks, personality rights, copyrights). Exploitation Registering a trade mark provides: • the exclusive right to use the mark in commercial activity; • easier enforcement against competitors using iden - tical or similar signs; • a legal basis for infringement claims (including damages); • increased company value (as the trade mark becomes an intangible asset); and • the possibility to license or assign the trade mark. In the sports sector, notable examples include the RL9 trade mark of Robert Lewandowski and the figurative trade mark of Iga Świątek. These registrations allow athletes to commercially exploit their names, logos, and personal branding elements. Revocation In Poland and under the EU system, prior use is not required for trade mark registration. However, if the trade mark is not genuinely used for a continuous peri - od of five years, it may become vulnerable to revoca - tion for non-use.
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