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Country fiches: Poland

The intellectual property crimes are not regulated in the Polish Criminal Code. IP violations are regulated in specialised legislation covering different IP rights. In Poland, general provisions of criminal procedure apply to the investigation and prosecution of the intellectual property crimes. These crimes fall under the general rules of jurisdiction.

Verified in October 2022

National legislation

National legislation on intellectual property crimes

Copyright violations

Articles 115-123 of the Law on copyright and related rights

Counterfeiting of trademark

Articles 305-306 and 308 of the Industrial Property Law.
Article 25 (1) of Suppression of Unfair Competition Act which also establishes prohibited acts connected inter alia with the offence of trademark counterfeiting

Note: Prosecution of the perpetrators of offences referred to in Articles 303 -305 occurs at the request of the injured party.

Patent violations

Articles 305-306 and 308 of the Industrial Property Law

Note: Prosecution of the perpetrators of offences referred to in Articles 303 -305 occurs at the request of the injured party. Acts referred to in Articles 307 are considered as misdemeanours.

Industrial design violations

Articles 303, 304 and 307 of the Industrial Property Law

Note: Prosecution of the perpetrators of offences referred to in Articles 303 -305 occurs at the request of the injured party.

Violations of geographical indications of origin

Articles 303, 304 and 307 of the Industrial Property Law

Note: Prosecution of the perpetrators of offences referred to in Articles 303 -305 occurs at the request of the injured party. Acts referred to in Articles 307 are considered as misdemeanours.

Violations of plant variety rights

Article 75 c of Law on Plant Protection Products

Trade Secrets violations

Article 23 of the Act on Counteracting Unfair Competition

National contacts

National contacts

Law Enforcement Agencies

The IP crimes’ investigation and prosecution fall under the competence of Polish National Police.

In case IP crimes are related to cybercrimes, the investigation falls under the competences of the Central Office for Combatting Cybercrime.

National Police

+48 47 72 199 00

Puławska 148/150,02-624 Warsaw

Policja.pl - Portal polskiej Policji

Central Office for Combatting Cybercrime

+48 47 72 118 77

Puławska 148/150,02-624 Warsaw

Centralne Biuro Zwalczania Cyberprzestępczości

Prosecution

The IP crimes’ investigation and prosecution fall under the competence of District Prosecutor’s Offices. There is no specialised unit responsible for IP crimes’ prosecution.

National Prosecutor’s Offices

+48 22 12 51 594

ul. Postępu 3, 02-676 Warsaw

Portal Gov.pl

Judiciary

There are no specialised courts on IP crimes. This type of crime fall under general court system.

The general courts are organised in a three-tier system:

  • District Courts;
  • Provincial Courts;
  • Court of Appeals;
  • Supreme Court.

Polish Courts

List of Polish courts and their contact details: Lista sądów powszechnych / Rejestry i ewidencje / Biuletyn Informacji Publicznej

Judicial libraries

Judicial libraries

PORTAL ORZECZEŃ - LEGAL PORTAL

This is a public and free database. Registration is not required.

PORTAL ORZECZEŃ 

Selected judgments from:

  • District Courts (1st instance)
  • Regional Courts (1st and 2nd instance)
  • Appellate Courts (2nd instance).

Other available resources:

  • information about court case procedures and the organisation of the judiciary branch.
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