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Intellectual property encompasses various forms of protection for creations and innovations – whether technical solutions, trademarks or artistic works.

Why intangible?

A copyrighted work, invention or protected geographical indications are usually associated with materialised objects. However, in this branch of law, the essence of protection is not that object itself, but the intangible content behind it. A copyrighted work may have multiple copies (e.g., on Spotify, Youtube Music, Apple Music), despite this multiplicity of copies, we are still dealing with the same copyrighted work. Similarly, in the case of an invention – for example, the A8C22 diesel engine used in the SM42 series of locomotives – there is a single invention, protected by the patent, while copies are installed in numerous locomotives. A copy (device, locomotive etc.) is protected as a tangible thing or its appurtenance or component part, but intellectual property is protected alongside the protection of the thing. Both types of protection implement the property protection provided by the Polish Constitution.

Intellectual property encompasses various forms of protection for creations and innovations – whether technical solutions, trademarks or artistic works. Below are the six most important categories, with a brief explanation, example, English name and information on how they are registered – in Poland, the European Union and internationally.

1. Invention protected by the patent (Polish “wynalazek”).

An invention is a new technical solution to a problem, such as a filter that cleans the air of viruses.

It can be patented if it is new, involves an inventive step and is susceptible of industrial application

(see: Polish Industrial Property Law).

The application is filed in Poland (within the Polish Patent Office, UPRP), in the EU (European Patent Office – note: a European patent will not be registered in every EU country, in Poland it is possible), or globally (PCT/WIPO), electronically or on paper.

2. Utility model (Polish “wzór użytkowy”)

A utility model protects functional but less innovative technical solutions, such as a closing mechanism for a bottle. According to Article 94 of the Polish Industrial Property Law: A utility model is any new and useful solution of a technical nature affecting shape, construction or durable assembly of an object.

A utility model, therefore, must have a material form – an invention does not necessarily.

Often referred to as a “small patent.” Registration of a utility model (obtaining the right of protection for it) is possible in Poland at the Polish Patent Office and in the EU at the EUIPO. Utility models are not covered by the global registration system. Registration is possible electronically or on paper.

3. Industrial design (Polish “wzór przemysłowy”).

Industrial design, unlike the previous two objects of protection, protects not the technical solution, but the external appearance of the product, such as the shape of a sachet. According to Article 102 of the Polish Industrial Property Law: An industrial design is a new and individually characterized appearance of a product or its parts.

It does not protect the function – what matters is the form, colours, lines – as long as it is new and has an individual character.

It can be registered with the Polish Patent Office, EUIPO, and globally with WIPO (internationally), usually electronically.

4. Trademark (Polish “znak towarowy”).

A trademark, according to Article 120 of the Polish Industrial Property Law, is any sign capable of being represented graphically, provided that such signs are capable of distinguishing the goods of one undertaking from those of other undertakings.

In other words, a trademark is a distinctive sign, such as a logo or name, that distinguishes goods or services in the market (e.g., “Nike” with the “swoosh” mark).

It can be in word form, graphic form, word and graphic form, spatial form, colour form (cf. Play company) and even sound form, as long as it is distinctive.

It is registered with the Polish Patent Office, EUIPO (EU), WIPO (internationally through the Madrid system), mainly electronically.

5. Copyrighted Work (Polish “utwór”)

A work is a manifestation of creative activity of an individual nature, e.g. a novel, a painting, a musical work. Unlike the others, it is protected automatically from the moment of its creation (statutorily – Polish Copyright Law – determination thereof), no registration is required. In a copyrighted work, we protect the creative process that led to the creation of the work and its result. The reason is to protect the creative process itself, which the legislator values (this rationale mainly in Europe) or to encourage people to create content because of the possibility of marketing this content (utilitarian rationale, characteristic of Anglo-Saxon countries, where the protection of the author’s rights to the effect of his creative process is weaker than in non-Anglo-Saxon Europe).

In some countries, such as the US, it is possible to register a work, which makes it easier to assert possibly infringed rights.

6. Computer program (Polish “program komputerowy”).

A computer program is a special type of copyrighted work, such as a mobile application or AI system.

It is not subject to patent protection in the EU (as a rule), but copyright protects the source code and its form of expression. What makes it different from an “ordinary” work is the limited fields of statutory permitted use without the need to obtain a license.

Summary

Different objects of intellectual property protection meet different needs: from technical innovation (invention, utility model), product aesthetics (industrial design), brand identification marks (trademark), to creative works (copyrighted work, computer program). Most of these can be registered in Poland, the European Union and the international system (WIPO), often electronically. Works and computer programs, on the other hand, are protected automatically, without the need for registration.