Member: Madrid Protocol, European Union Community Trademark, Wto-Trips Berne Convention, Paris Convention, Pct, Paris Convention,
The IP affairs in Poland are looked after by the Polish Intellectual Property Office (UPRP).
The Geographical Indications affairs in Poland are looked after by:
· GIs for Industrial Products – UPRP
· GIs for Food Products – Ministry for Agriculture & Rural Development
· GI is a source indicator informing consumers about a product’s origin from a certain place.
· GI confirms certain special characteristics inherent to the product.
GIs in Poland are protected by way of the following:
1. Industrial Property Code
2. Geographical Indications Act
3. EC regulations
1. Normal Indications –indicating only the place of origin of the goods.
2. Eligible Indications – indicating the origin of the goods and the specific characteristics of the goods which justify the place of origin of the goods.
Types of GI Protected:
(i). Indications using words.
(ii). Indications relating directly or indirectly to the specified geographical site / area.
(iii). Indications identifying goods as originating from a given terrain.
(iv). Indications emphasising the characteristics of the goods as originating from that area.
(v). Indications highlighting the speciality of the variety that connects the goods to the locality.
(vi). GIs are also such designations describing products produced from raw materials or such products originating from an area larger than the production or processing area provided:
· Such area is well defined
· Such special conditions for the preparation of the said products do actually exist
· Inspection arrangements are adhered to
(vii). GIs are also such indications wherein the designations do not correspond to the true place from where the products originate but are normally used in respect of the goods originating from the defined area.
Geographical Indications are not protectable if and when:
· They are immoral or against public order;
· GIs likely to mislead the public with respect to the place of origin of the goods;
· Trademarks containing or consisting GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
· They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
· GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin;
· GIs lack the requisite qualities and characteristics;
· Not falling under the definition of appellations of origin and GI;
· Conflicts with prior GI;
· Imitates prior GI;
· Encourages Unfair Competition;
GIs may be protected as:
· Community Marks
· Guarantee Marks
· Certification Marks
Applications are filed and received by the ministry.
GIs on the application shall relate to one indication and one type of product only
A foreign GI application may be considered and granted protection only if it enjoys protection in the country of its origin.
Applications to have supporting documents evidencing the following:
a detailed description of the indication applied for registration,
the specification of the goods for which the indication is intended,
the detailed delimitation of the area, to which it relates,
a description of the characteristic features or properties of the products, in particular including principal physical, chemical, microbiological or such other characteristics of the product and a description of the details bearing out the link of these characteristics with the geographical environment or the geographical origin,
the conditions of the use of the geographical indication, including: the production process, the characteristic features or properties of the products, other requirements to be fulfilled by the persons wishing to use that indication and, where applicable, the inspection arrangements,
the specification of the undertakings which use or intend to use the indication.
Applications so received are then subjected to Formality & Substantial Examinations, after which they are published in the Industrial Property Bulletin for opposition if any.
Applications complying with all formal requirements are approved by the Authorities.
If there is no opposition post registration of the application, or the opposition is unsuccessful, the applicant’s GI is registered.