Polish courts have been refining their approach to intellectual property enforcement with meaningful consequences for international brand owners and rights holders. Companies that have not reviewed their IP registration and enforcement posture in Poland since 2023 face a real risk of finding their positions weakened. not by legislative repeal. However. By shifts in how courts interpret and apply existing intellectual property legislation.
Polish intellectual property legislation, aligned with EU directives, provides trademark owners and copyright holders with a range of enforcement tools before the civil courts. Recent shifts in court practice have tightened the evidentiary standards applied to infringement claims and have raised the threshold for interim relief. International companies operating in Poland should review their IP portfolios and enforcement procedures without delay.
This alert identifies which business categories are most exposed, explains the key procedural developments, and sets out immediate actions for international rights holders.
What has shifted in Polish IP court practice
Polish courts have moved toward a more demanding evidentiary standard when assessing infringement claims. Rights holders can no longer rely on a bare trademark application or a basic IP registration as sufficient proof of likelihood of confusion. Courts now expect detailed evidence of market presence, actual use of the mark within Poland, and documented consumer recognition.
Several developments define the current environment.
Interim injunctions face higher bars. Polish courts have become more reluctant to grant interim relief in trademark and copyright matters unless the applicant demonstrates both the validity of the right and the immediate risk of irreparable harm. A rights holder who cannot show genuine commercial activity in Poland may have an application denied even where the infringing conduct is clear.
Nice classification specificity matters more. Courts have scrutinised whether the goods or services specified in a trademark application or registration under the Klasyfikacja Nicejska (Nice classification) actually correspond to the claimant's commercial activity. Overly broad class filings are being challenged effectively by defendants in opposition proceedings. Rights holders whose registrations were filed with expansive class descriptions – but without genuine use across those classes – are exposed to partial or full cancellation actions.
Opposition proceedings are being used more aggressively. The Urząd Patentowy Rzeczypospolitej Polskiej (Patent Office of the Republic of Poland, UPRP) has seen a rise in opposition proceedings initiated by market incumbents against new entrants. This is particularly acute in fast-moving consumer goods, technology, and e-commerce sectors. Delays in pursuing a trademark application now carry real cost: a competitor may file an opposition that delays or blocks registration entirely.
Cross-border enforcement requires local grounding. An EU trademark or international registration under the Madrid Protocol is not automatically enforced with equal effectiveness across all member states. Polish courts apply national procedural rules to enforcement actions. Rights holders who have relied solely on EU-level protection without securing Polish domestic evidence of use face procedural disadvantages.
For companies operating at the intersection of IP and digital products, the evolving treatment of AI-generated content in Polish courts adds another layer of complexity. Our analysis of AI and technology law in Poland covers how authorship and originality questions are being handled in this jurisdiction.
To receive an expert assessment of your IP enforcement exposure in Poland, contact us at info@ferrazwhitmore.com.
Who is affected and what to do now
The developments described above affect a broad range of businesses. The following categories face the most immediate exposure.
- International brand owners who hold EU trademarks or Madrid Protocol registrations but have not separately documented use of their marks in the Polish market.
- Technology and e-commerce companies whose trademark applications were filed with broad Nice classification coverage but whose actual Polish product or service offering is narrower.
- Companies that rely on copyright protection for software, digital content, or marketing materials distributed through Polish platforms.
- Rights holders who have enforcement actions pending or planned in Poland but have not updated their evidence files to meet the higher evidentiary standard now applied.
There is no single legislative deadline driving these changes – they reflect an ongoing and accelerating shift in judicial approach. The risk of inaction compounds over time. An infringement claim that would have succeeded two years ago on leaner evidence may now fail at the interim relief stage, allowing the infringing activity to continue for months while proceedings develop.
Five immediate actions for international rights holders:
- Audit all Polish trademark registrations and pending applications. Confirm that the Nice classification entries accurately reflect current commercial use in Poland. Where they do not, consider filing a new application with a corrected scope before a competitor initiates an opposition proceeding.
- Assemble and preserve evidence of genuine use in Poland. This includes sales records, marketing expenditure, distributor agreements, and consumer-facing materials showing the mark in commercial use. Courts expect this documentation to be current and detailed.
- Review any pending or anticipated infringement claims. Assess whether the evidentiary file meets the current standard for interim relief. If it does not, strengthen the file before filing – a denied interim application may prejudice the substantive claim.
- Monitor opposition proceedings at the UPRP actively. If a competitor has filed an opposition against your application, engage specialist IP counsel in Poland without delay. Response windows are strict and extensions are limited.
- Align digital IP strategy with enforcement realities. For companies deploying AI-generated content in Poland, copyright ownership documentation should be reviewed against the current judicial approach to originality and authorship.
Companies with ongoing matters before Polish IP courts should also consider the interaction between Polish procedural rules and EU-level remedies. Our team advising on intellectual property matters in Poland can provide a tailored assessment of how these court practice developments affect your specific portfolio.
For a preliminary review of your IP registration and enforcement position in Poland, email us at info@ferrazwhitmore.com.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our intellectual property practice covers trademark application strategy, IP registration, opposition proceedings, and infringement claims across European and international markets. We assist technology companies, brand owners, and institutional investors in building and enforcing IP positions across both civil law and common law systems. The firm's IP team includes practitioners with experience before the UPRP and EU-level bodies, and our wider network supports enforcement strategies in Polish courts. Engaging a lawyer in Poland with cross-border experience is essential when court practice is shifting – as it is now. As an international law firm in Poland and across Europe, Ferraz & Whitmore combines Portuguese civil law expertise with English common law tradition to deliver results-oriented counsel. To discuss how these developments affect your IP portfolio, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.