What should you know as a foreign entrepreneur?
As Poland emerges as a prominent player in the global economy, more and more foreign entrepreneurs are seeking business opportunities in this dynamic market. While setting up a venture in Poland can be a rewarding endeavor, understanding and protecting your intellectual property rights are critical steps to ensure the long-term success of your business. In this article, we’ll explore the essential aspects of managing intellectual property rights in Poland and offer valuable insights to foreign entrepreneurs looking to establish their presence in the country.
What is intellectual property?
Intellectual property is the creations of the human mind, presented in tangible form, such as literary works, product designations or inventions. They are called intangible goods and are intangible assets of the company. These are original and innovative effects of human creative activity.
Intellectual property appears in all areas of life, including business activities, regardless of the size of the company, its specificity or geographical area of operation.
Intellectual property is divided into two categories:
- industrial property, which includes patents for inventions, trademarks, industrial designs, geographical indications, and in some countries, including Poland, also utility models and topographies of integrated circuits.
- Copyright, which protects, among other things, literary works, films, songs and musical works, paintings, sculptures, photographs, or architectural works. Rights related to copyright provide protection for, among other things: performing artists (such as musicians or actors), producers of audiovisual recordings or radio and television broadcasters,
What laws protect intellectual property?
Intellectual property rights, similar to conventional property rights, grant creators or owners’ exclusive privileges, enabling them to reap financial or professional advantages from their creations. This principle finds its expression in Article 27 of the Universal Declaration of Human Rights, affirming the entitlement of individuals to safeguard both moral and material benefits derived from their scientific, literary, or artistic endeavors.
The issues of intellectual property protection in Poland are defined by: industrial property law and the act on copyright and related rights.
What are Industrial property rights?
Industrial property rights are exclusive rights, i.e. those that provide a monopoly on the use of a specific good, resulting from national, regional or international regulations.
Industrial property can be protected by among the others: patents granted for inventions, protection rights for utility models, rights in registration for industrial designs, or trademark protection rights or provisions on combating unfair competition.
What are copyrights?
Copyrights arise spontaneously in Poland and do not require registration. The creator is entitled to both personal and property rights to the product of his work. Persons who are not creators, but communicate the work to the public, enjoy related rights.
Copyright law covers a number of rights that authors of literary and artistic works, generally referred to as works, are entitled to. Related rights related to copyright include similar rights to copyright, but they are often limited to the former and shorter.
Works that are protected by copyright include: novels, poems, source publications, newspaper articles, advertisements, computer programs, databases, films, musicals, choreography, paintings, sketches, photographs, sculptures, architectural designs, maps or technical drawings.
How can GLC help you?
GLC specializes in intellectual property law and can provide expert guidance on copyright registration, enforcement, and infringement matters in the country. With our experienced team of legal professionals, we are committed to safeguarding your artistic endeavors and ensuring you receive the full benefits of copyright protection in Poland.
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