POLAND Law and Practice Contributed by: Agnieszka Janicka and Krzysztof Hajdamowicz, Clifford Chance
7.2 Trade Marks A trade mark is any mark capable of distinguish - ing the products (or services) of one entity from those of another, and enables determination of the scope of protection in a clear and precise manner. A word (including a name), picture, let - ter, digit, colour, object (eg, the shape of a prod - uct or its packaging) or sound may constitute a trade mark. Upon registration, trade mark protection rights last ten years and may be extended for subse - quent ten-year periods, provided that the fee is paid. However, a protection right over a trade mark expires (and the trade mark is eligible for invalidation) if the registered trade mark is not in genuine use within five years of the date protec - To obtain a protection right, a relevant applica - tion describing the trade mark and listing the products (or services) it covers (based on the classes of goods and services set out in the Nice Classification) must be filed with the Patent Office. The Patent Office examines the content of the application and the capability of register - ing the trade mark, but at this stage it will not examine any potential conflict with prior registra - tions or other third-party rights. If the statutory requirements are met, the Patent Office publish - es notification of the application in the Patent Office Bulletin. Third parties have three months to file an oppo - sition to a trade mark application on the basis of their earlier trade marks or other rights. The opposition may be brought in respect of one, some or all of the classes of the Nice Classifica - tion. If successful, the Patent Office may grant protection for those classes that have not been tion was granted. Protection Rights
challenged, unless the opposition has been proved to be unfounded, or refuse protection. Claims concerning infringement of a protection right over a trade mark are heard before a court in civil proceedings. In addition to the remedies available in the case of infringement of a pat - ent, the trade mark holder may demand that the infringing party ceases placing a mark identical or similar to the registered trade mark on pack - aging, labels and tags, or ceases offering, mar - keting, importing, exporting and storing such packaging, labels and tags. 7.3 Industrial Design Industrial design is a new and original appear - ance of a product, or part thereof, resulting from the features of the lines, contours, shape, col - ours, texture and/or materials of the product itself and/or its ornamentation. The right con - ferred by the registration of an industrial design is granted for 25 years, divided into five-year periods. To register an industrial design, an application containing an illustration of the industrial design must be filed with the Patent Office. If the indus - trial design meets the statutory requirements for granting protection, the Patent Office issues a decision granting protection. Claims concerning an infringement of a right conferred by registration of an industrial design are heard before a court in civil proceedings. The remedies are the same as in the case of an infringement of a patent. 7.4 Copyright Copyright protects any manifestation of human creative activity of an individual nature in any form, regardless of its value, purpose or manner of expression.
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