Industrial design application in Poland

Poland is said to be a potential industrial design hub with several sectors yielding a significant number of industrial design applications. Poland has a long tradition of interior and product design, with many talented and innovative designers. Polish furniture and home décor products are highly valued for their quality, aesthetics, and originality. Poland is one of Europe’s largest game development centers, with many world-renowned game studios. Industrial design plays an important role in creating attractive user interfaces, characters, and vivid game environments, contributing to the success of Polish gaming products. Poland has a solid industrial foundation, especially in areas such as automotive manufacturing,  machinery, electronic equipment and information technology. This creates a favorable environment for the application of new industrial designs into production, which improves the quality and competitiveness of products. The Polish government has been implementing many policies to support the creative industry, including industrial design, through grant programs, tax incentives and human resource training. Therefore, more and more individuals and organizations want to register industrial designs in Poland, Viet An Law would like to guide customers through the article below.

Legal Basis

• Law on Industrial Property of June 30, 2000 (amended to Law of March 9, 2023)

Definition of industrial design in Poland

In Poland, an industrial design is defined as the form of a product in whole or in part, derived from the characteristics of:

• Contour
• Colour
• Shape
• Structure
• Material of the product itself
• Decorate

Conditions for registering an industrial design in Poland

• Novelty: The design must be new, which means it has not been disclosed to the public anywhere in the world before the filing date or the priority date if priority is required.
• Industrial applicability: The design must be applicable to an industrial or handicraft product and be capable of mass production.
• Not contrary to public order or morality: The design must not be contrary to public order or morality.

Types of industrial designs that can be registered in Poland

• Two-dimensional design: Includes patterns, patterns, or graphic symbols applied on the surface of the product.
• Three-dimensional design: Refers to the shape or configuration of the product, including the lines, borders, and overall appearance of the product.
• Design for one part of the product: Can be covered for a specific part of the product, such as handles, buttons, or packaging.
• Design for a set of products: If multiple products are intended to be used together and share a common design concept, they can be registered as a set.

Industrial Design Search in Poland

Online Database

• Polish Patent Office Database: The official database of the Polish Patent Office (UPRP) allows users to search for industrial designs registered in Poland. Users can search by keyword, applicant name, registration number, or other criteria.
• EUIPO’s DesignView: The European Union Intellectual Property Office’s (EUIPO) DesignView database allows users to search for registered designs across the European Union, including Poland.
• WIPO Global Design Database: The World Intellectual Property Organization (WIPO) database provides access to industrial design information from a variety of countries, including Poland.

Professional search services:

• Patent Lawyers: Intellectual property law firms and patent attorneys in Poland provide professional search services for industrial designs. They can conduct a comprehensive search in Polish and international databases to identify relevant designs.
• Search Companies: Some specialized search companies focus on industrial design searches. They can provide detailed reports on the existence of similar designs and potential conflicts.

Application for Industrial design registration in Poland

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial design registration in Poland under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

If you wish to apply for industrial design registration, please contact Viet An Law Firm for the most effective support