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Protection of the design – ip.land

Protection of the design

Design and various manifestations of design and applied arts can be protected as industrial designs. Registration of a utility model with the Polish Patent Office or the European Union Intellectual Property Office (EUIPO) protects the appearance of products, including their parts and packaging. For example, an architectural design, a car part, a ring, a piece of furniture, a bottle, a fabric pattern, a website or an icon can be registered as an industrial design.

Would you like to register a design?

Contact us at:

enquiries@ip.land

We have many years of experience in registering Polish and Community designs.

For many years we have also represented our clients in invalidation and revocation proceedings and disputes over the infringement of registered rights.

An industrial design is registrable for selected goods or services.

The Locarno Classification is used to determine the type of goods and services for which a design is registered.

Protection is granted for an initial 5-year period.

Before the expiration of this period, renewal is possible (for another 5 years), provided that the client pays an additional fee. The protection can be up to 25 years long.

The registration of an industrial design confers upon the...

owner a monopoly on the manufacture, import, export, advertising, promotion and sale of products whose outward appearance is the same as the registered design.

The owner of a registered design can control:*

  • the manufacture
  • import and export
  • marketing of goods

* (in the area where the design is registered.)

If an industrial design is infringed

the owner can demand, among other things, that the infringement ceases, that the damage is repaired and that the profit made by trading in the infringing products be surrendered.

Here you can find information on how to proceed in case of infringement of a registered design:

Disputes and litigation

The registered design right, like any other asset, can be traded. It can be sold, leased, borrowed, licensed, contributed to a company or used as collateral.

We advise our Clients on how to use intellectual property. You can find more information here:

IP consulting

If you want to get information about the course of the proceedings, costs and fees and documents necessary to register a design

Write to us at:

enquiries@ip.land

Before filing a design application, we search Polish, EU and international databases for the same or similar design to check if it is not registered by another entity.

  1. The next step is to prepare a draft application for design registration that requires, among other things, drawings of the design and a definition of the relevant product category.
  2. When preparing the application, we analyse the applicant's business and look for the possibilities for protection.
  3. We also analyse what the competitors have to offer. Before applying for the registration of an industrial design you have to grant a power of attorney.

How to register design and how much does it cost?

Depending on whether you register your design with the Polish Patent Office or the EUIPO, the costs and fees may differ. For example, if you apply for an industrial design registration at the Polish Patent Office, you have to pay

According to current regulations, in case of applying for trademark protection with the Polish Patent Office, a Client should pay the following fees:

If the application is filed with the European Union Intellectual Property Office (EUIPO) to obtain protection within the European Union and other countries of the European Economic Area.

A design registration application fee

300 PLN

120 EU

for the first design

60 EU

each for the 2nd to the 10th design

50 EU

for the 11th and subsequent designs

A fee for the first 5-year protection period for each design

150 PLN

(to be paid upon granting the right)

-

A fee for the first renewal and protection from the 6th to the 10th year

250 PLN

90 EU

Publication fee for information about design registration

70 PLN

(paid after granting the right)

120 EU

for the first design

60 EU

each for the 2nd to the 10th design

30 EU

for the 11th and subsequent designs

Stamp fee for power of attorney

17 PLN

for each application

To the above fees must be added the remuneration for legal-advocacy services:

  • including the search and analysis of industrial design registers of the Patent Office of the Republic of Poland and the European Union Intellectual Property Office (EUIPO)
  • analysis of prerequisites for design registration, as well as preparation and filing of the application

The cost of assistance in registration is determined individually

starting from
1500 PLN net

How to register design and how much does it cost?

Depending on whether you register your design with the Polish Patent Office or the EUIPO, the costs and fees may differ. For example, if you apply for an industrial design registration at the Polish Patent Office, you have to pay

According to current regulations, in case of applying for trademark protection with the Polish Patent Office, a Client should pay the following fees:

A design registration application fee

300 PLN

A fee for the first 5-year protection period for each design

150 PLN

(to be paid upon granting the right)

A fee for the first renewal and protection from the 6th to the 10th year

250 PLN

Publication fee for information about design registration

70 PLN

(paid after granting the right)

Stamp fee for power of attorney

17 PLN

for each application

If the application is filed with the European Union Intellectual Property Office (EUIPO) to obtain protection within the European Union and other countries of the European Economic Area.

A design registration application fee

230 EU

for the first design

115 EU

each for the 2nd to the 10th design

50 EU

for the 11th and subsequent designs

A fee for the first renewal and protection from the 6th to the 10th year

90 EU

Publication fee for information about design registration

120 EU

for the first design

60 EU

each for the 2nd to the 10th design

30 EU

for the 11th and subsequent designs

To the above fees must be added the remuneration for legal-advocacy services:

  • including the search and analysis of industrial design registers of the Patent Office of the Republic of Poland and the European Union Intellectual Property Office (EUIPO)
  • analysis of prerequisites for design registration, as well as preparation and filing of the application

The cost of assistance in registration is determined individually

starting from
1500 PLN net

If you would like to

  • protect your industrial design (design)
  • invalidate your registered design or have received
  • design infringement lawsuit

You can contact us:

enquiries@ip.land