WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NllIPOL/T/l 
19 April 1996 
(96-1441) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
The present document reproduces the Law on Trademarks of 31 January 19851, as notified 
by Poland under Article 63.2 of the Agreement (see document IP/N/l/POL/I). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Pologne 
Le present document contient le texte de la Loi sur les marques de fabrique ou de commerce, 
du 31 janvier 19851, notifiee par la Pologne au titre de l'article 63:2 de l' Accord (voir le document 
IP IN I l/PO LI 1). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 DEL 
ARTICULO 63 DEL ACUERDO 
Polonia 
En el presente documento se reproduce la Ley de Marcas de Fabrica 0 de Comercio, de 31 de 
enero de 19851, notificada por Polonia en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N I I/POLI 1). 
lEnglish only/anglais seulement/en ingles solamente. IP IN 11/POL/T 11 
Page 2 
Law 
on Trademarks 
of January 31,1985 
(Dziennik Ustaw 1985, No 5 item 17) 
Part I 
General Provisions 
1. This Law regulates legal relations and procedure in respect of the 
protection and use in economic activities of trademarks for goods and services. 
2. The provisions of this Law shall be without prejudice to the provisions 
of international agreements. 
3. Foreign natural and legal persons shall enjoy the rights afforded by this 
Law in accordance with the international agreements to which the Republic of 
Poland is party or under the principle of reciprocity. 
4. (1) For the purposes of this Law, a trademark shall be any sign capable of 
distinguishing the goods or services of a given enterprise from similar goods or 
services of another enterprise. 
(2) The following, in particular, are considered as trademarks: words, 
designs, ornaments, combinations of coIors, plastic forms, melodies or other 
acoustic signals, and a combination of such elements. 
5. References in this Law 
i) to an enterprise shall mean any natural or legal person entitled to carry 
on economic activities in the field of production, trade or the provision of 
serVIces, 
ii) to goods shall also mean services, 
iii) to trademarks shall also mean service marks. 
Part 11 
Registration of Trademarks 
6. (I) A trademark sha11 be registrable on behalf of a specific enterprise, but 
only in respect of goods falling within its field of economic activity. 
(2) The registration of a trademark for specific goods shall not prevent 
registration of other trademarks on behalf of the same enterprise in respect of 
the same or different goods falling within its field of economic activity. IP IN 11IPOL/T 11 
Page 3 
(3) The registration of a trademark for specific goods shall not prevent 
registration of the same trademark on behalf of the same enterprise in respect 
of other goods falling within its field of economic activity. 
7. (1) The only signs that shall be eligible for registration as trademarks are 
those that possess sufficient distinctiveness in ordinary economic activity. 
(2) A sign shaH not possess sufficient distinctiveness if it simply co­
nstitutes the generic designation of the product, if it simply makes a statement 
as to the properties, quality, number, amount, weight, price, purpose, manufac­
turing process, time or place of production, composition, function or usefulness 
of the goods or any similar information that does not enable the origin of the 
goods to be determined. 
8. A trademark shaH not be registrable if: 
i) it is contrary to law or to the principles of society; 
ii) it infringes the personal or economic rights of third parties; 
iii) it contains incorrect statements; 
iv) it contains the name or abbreviated name of the Republic of Poland 
or its symbols, emblem, national colors or national anthem, the insignia of the 
armed forces, the national hallmark of quality or the safety mark; 
v) it contains the name or armorial bearings of a Polish voivodship, town 
or community, the reproduction of a Polish decoration, a distinction, an hono­
rary or military medal or military insignia; in cases where this is justified, such 
a mark may be registered if the competent State organs or authorities ha.ve given 
their approval; 
vi) it contains the name, abbreviated name or symbols (armorial bea­
rings, flags, emblems) of a member State of the Paris Union for the Protection 
of Industrial Property or the name, abbreviated name or symbols of an intergo­
vernmental organization to which one or more of the member States of the 
above-mentioned Union belong, or the Olympic symbol, where the applicant is 
unable to establish that he is authorized to use such mark in his economic 
activities. 
9. (1) Registration of a trademark for goods of the same kind shall not be 
pennissible where: 
i) it resembles a mark registered on behalf of another enterprise to such 
an extent that it could mislead purchasers as to the origin of the goods in ordinary 
economic activity; 
ii) it is similar to a trademark that is well known in Poland as a trademark 
for goods of another enterprise to an extent that it could mislead purchasers as 
to the origin of the goods in ordinary economic activity; 
iii) it is similar to a trademark previously registered in Poland of which 
the protection has expired, if less than three years have lapsed between the date 
of expiry of the right deriving from the registration of such trademark and the 
date at which the similar mark is filed by another enterprise; 
iv) it constitutes the protected denomination of a plant variety; IPINI I/POL/T 11 
Page 4 
v) it contains the reproduction of an official stamp or an official 
control or warranty sign, unless the applicant can establish that he is autho­
rized to use it. 
(2) A trademark shall not be registrable if it contains geographical or 
other elements that refer to or designate a member State of the Paris Union for 
the Protection of Industrial Property or a region or community within such Sate, 
in respect of goods that do not originate in such State, and if the use of the 
trademark may mislead purchasers as to the origin of the goods, and if the 
exclusion of the trademark from registration derives from an international treaty. 
Part III 
Inception and Content of the Right Deriving from the Registration 
of a Trademark 
10. (I) Protection for a trademark is obtained by registration. 
(2) A certificate of protection shall be issued for each trademark that is 
registered. 
(3) The Patent Office of the Republic of Poland, hereinafter referred to 
as "the Patent Office", shall be responsible for registering trademarks and 
issuing certificates of protection. 
11. Subject to section 12, priority for obtaining the right deriving from 
registration of a trademark shall be detennined on the basis of its regular filing 
for registration with the Patent Office. 
12. (1) In the Republic of Poland priority for obtaining the right deriving 
from registration of a trademark shall be available to any natural or legal person 
of a member State of the Paris Union for the Protection of Industrial Property 
and to any natural or legal person of another State if that person has his place 
of residence, business offices or a real and effective industrial, commercial or 
service establishment in a member State of the Paris Union for the Protection 
of Industrial Property: 
i) as from the date of the earlier regular filing of the mark for regi­
stration in respect of the stated goods in a member State of the above-mentioned 
Union, on condition that the application for registration of the same trademark 
is filed with the Patent Office for the same goods within a period of six months 
as from that date; or 
ii) as from the date of prior showing of the goods bearing the trademark 
at a public exhibition held in the Republic of Poland or in a member State of the 
above-mentioned Union, on condition that the application for registration of that 
trademark is filed with the Patent Office for the same goods within a period of 
six months as from that date. 
(2) The priority right shall be transferable. 
(3) The President of the Patent Office shall determine, on request or in 
agreement with the minister concerned, those public exhibitions and the condi-IP IN 11IPOL/T 11 
Page 5 
tions to be satisfied as regards the showing of the goods bearing a trademark in 
order to enjoy the priority right under subsection (1) ii). 
13. (1) An enterprise on whose behalf a trademark has been registered shall 
have the exclusive right to use that trademark throughout the national territory 
in its economic activities for the goods covered by the registration. 
(2) The use of a trademark shall consist, in particular, of affixing the 
mark to goods of the type registered or to their packaging, of marketing goods 
marked in that way, or of affixing the mark on documents relating to the 
marketing of such go os or for the purposes of advertising in the Polish mass 
media. 
(3) The right deriving from registration of a trademark shalllast for 10 
years as from the regular filing of the application for registration of the 
trademark with the Patent Office. The tenn of protection for trademarks may be 
extended for a further IO-year period at the request of the owner of the right 
deriving from registration. 
(4) The owner may indicate that his trademark has been registered by 
adding the letter R within a circle next to the trademark. 
14. (I) The protection of a trademark in respect of specific goods shall not 
prevent another enterprise from registering or using a similar trademark for 
goods of the same kind where such mark contains the designation of the 
enterprise, its name, its emblem or the name of the owner of the enterprise, 
insofar as there exists no risk of misleading purchasers as to the origin of the 
goods. 
(2) In the case referred to in subsection (1), the owner of the right 
deriving from registration of the trademark may require the' user of a mark or 
the applicant for a mark to make the necessary alteration to the trademark that 
has been used or is applied for in order to prevent any risk of misleading 
purchasers as to the origin of the goods. 
(3) Section 9 (1) iii) shall not apply to the case referred to in subse­
ction (I). 
15. (I) The right deriving from registration of a trademark may be assigned. 
(2) The contract of assignment of the right deriving from registration of 
a trademark shall be in writing and shall bear a definite date. 
(3) The contract of assignment of the right deriving from registration of 
a trademark may be invoked in respect of third parties as of its entry in the 
Trademark Register. 
16. (I) The right deriving from registration of a trademark may only be 
assigned without the enterprise or a part of the enterprise if there is no risk that 
purchasers may be misled as to the origin of the goods. 
(2) The right deriving from registration of a trademark may not be assigned 
without the enterprise or a part of the enterprise if other similar trademarks have 
been registred on behal f of the assignor for goods of the same kind. IP IN 11IPOL/T 11 
Page 6 
17. (1) The owner of the right deriving from the registration of a trademark 
may authorize another enterprise to use the mark for goods covered by the 
registration under a license contract. 
(2) Where not otherWise stipulated by the license contract, the licensee 
may use the trademark in the same way as the owner of the right deriving from 
registration of the trademark. 
(3) The license contract shall be in writing. Section 15(3) shall apply 
mutatis mutandis. 
18. The provisions of the Civil Code concerning liability for legal defects 
relating to selling activities shall apply to the liability of the assignor and licensor 
of the right deriving from registration of a trademark. 
Part IV 
Protection Provided by the Right Deriving From Registration 
ofa Trademark and the Right in a Well-Known Mark 
19. Any person who, without being authorized to do so, uses a registered 
trademark or a similar mark for goods of the type registered or for similar goods 
in such way that there is a risk of the purchaser being misled as to the origin of 
the goods shall be liable in accordance with the provisions of this Part. 
20. (1) The owner of the right derivi ng from registration of a trademark may 
require the cessation of acts that infringe or are likely to infringe his right 
deriving from registration of the trademark. 
(2) The owner of the right deriving from registration may require, under 
the general principles of law, payment of damages, surrender of the unlawful 
profits made from the infringement of the right deriving from registration and 
also publication of an appropriate statement. 
(3) In the event of infringement of the right deriving from registration, 
the court or arbitration tribunal may order the seizure of goods, packaging and 
any other objects to which the registered or similar mark is affixed or the seizure 
of any means used for advertising and for marking the goods with such sign in 
accordance with the right to removal of the signs before the objects referred to 
can be placed on the market and also to prevent advertising for such goods. 
(4) The limination period for actions based on the infringement of the 
right deriving from registration of a trademark shall be three years; that period 
shall also apply in the relationships between units of the national economy 
21.-( 1) The actions referred to in section 20 may be instituted by the owner 
of the right deriving from registration of a trademark as from the time the user 
of the trademark has been notified of the filing of an application for registration 
of the mark. 
(2) Actions under section 20 cannot be instituted until the trademark has 
been registered. IP/NI1 IPOL/T 11 
Page 7 
22. (1) The licensee shall be required to advise the owneroftherightderiving 
from registration of any acts by third parties that infringe the right deriving from 
registration of the trademark. 
(2) Actions under section 20 may be instituted by the licensee. 
23. Anyone havi ng a ligitimate interest therein may require the Patent Office 
to determine in litigation that no similarity exists between the registered trade­
mark and the mark that he already uses or intends to use such that the right 
deriving from registration of that mark could be infringed. 
24. (1) The user of a mark that is well known in the Republic of Poland may 
require, where such mark has not been registered: 
i) the annulment of the right deriving from a registration obtained in 
violation of section 9( 1) ii); 
ii) that the use of the mark or of a similar mark by other enterprises for 
the same goods be prohibited if there exists the risk of purchasers being misled 
as to the origin of the goods. 
(2) The user of a well-known mark may institute an action under 
subsection (l) within five years of the registration of that mark or of a similar 
trademark or as from the date on which the use of that mark or of the similar 
mark by the other enterprise began, whichever period expires last. 
(3) After expiry of the period laid down in subsection (2), the user of a 
well-known mark may only require that the necessary alteration be made in 
order to exclude any risk of tnisleading purchasers as to the origin of the goods. 
(4) Where the infringer of the right in a trademark that is well known in 
the Republic of Poland has acted in bad faith, actions under subsection (1) may 
also be instituted after the expiry of the five-year period. 
Part V 
Lapse and Annulment of the Right Deriving from Registration 
of a Trademark 
25. The right deriving" from registration of a trademark shall lapse: 
i) on expiry of the term of protection: 
ii) on relinquishment of the right by the person entitled under the 
registration of the trademark; 
iii) on failure to use the mark; 
iv) on loss of sufficient distinctiveness of the trademark; 
v) on termination of economic activity on the part of the owner of the 
right deriving from registration of the trademark. 
26. In those cases referred to in section 25, items ii) to v), the Patent Office 
shall cancel the right deriving from registration of the trademark. 
27. The owner of the right deriving from registration of the trademark may 
relinquish his right in whole or in part by filing a written declaration with the IP/N 11/POL/T 11 
Page 8 
Patent Office. Where relinquishment of the right deriving from registration of 
the trademark would imply a disadvantage to persons whose rights are entered 
in the Trademark Register, the written consent of those persons shall be required. 
28. (1) The right deriving from registration of a trademark shall expire if 
the person entitled has not used the mark within a period of three consecutive 
years in the Republic of Poland. 
(2) Where a trademark that is registered for a number of goods is only 
used for some of them, the right deriving from registration of the trademark shall 
expire only in respect of those goods for which the mark has not been used. 
(3) The right deriving from registration of a trademark shall not expire 
if the owner of the right can prove that he was unable to use the trademark for 
a justified reason. 
(4) The onus of proof of use of a trademark or the existence of grounds 
justifying its non-use shall lie with the owner of right deriving from registration. 
29. The right deriving from registration of a trademark may be annulled in 
whole or in part if the statutory requirements laid down in sections 4, 6 to 9 and 
32 in respect of registration are not met. 
30. (1) Any person having a legitimate interest may submit a request for 
confirmation of lapse or a request for annulment of the right deriving from 
registration of a trademark. 
(2) The Public Prosecutor of the Republic of Poland or the President of 
the Patent Office may, in the public interest, request that a decision on the expiry . 
of the right deriving from registration be taken or that the registration of a 
trademark be annulled, or may intervene in an action on this matter already in 
progress. 
(3) An entry in the trademark register shall be made in respect of the 
lapse or annulment of a right deriving from registration of a trademark. 
31. The request for annulment of a right deriving from registration of a 
trademark may be filed within five years of the date of registration. After the 
expiry of that period,such request may only be filed in respect of an owner who 
has obtained registration in bad faith. 
Part VI 
Collective Marks 
32. Any organization constituted in order to represent the interests of 
enterprises in the Republic of Poland or in a member State of the Paris Union 
for the Protection of Industrial Property and whose existence is not contrary to 
the laws of the State in which it undertakes its activities, may obtain registration 
of a collective trademark, hereinafter referred to as a "collective mark". 
33. (I) The conditions for using in economic activity a collective mark that 
is used by an organization referred to in section 34 and by enterprises that are IP/N/I/POL/Tlt 
Page 9 
members of the organization sha1l be determined by rules promulgated by that 
organization. 
(2) The rules referred to in subsection (1) shall determine, in particular, 
the type of use of the mark, the common properties of the goods for which the 
mark is intended, the principles for verifying those properties, the consequences 
of failing to comply·with the rules and a list of the enterprises entitled to use the 
mark. 
(3) A collective mark may only be entered in the Register after deposit 
of the rules referred to in subsection (1). 
34. (1) Where the right deriving from registration of a collective mark is 
infringed in respect of specific goods, action may be instituted only by the 
organization in whose favor the collective mark has been registered unless, in 
compliance with the rules, actions may also be instituted by enterprises that are 
members of the organization. 
(2) An enterprise may institute an action under subsection (1) only after 
notifying the organization of the infringement of the right deriving from 
registration of the collective mark and only if the organization does not itself 
institute such action within a period of two months of notification. 
35. The right deriving from registration of a collective mark may only be 
assigned to an organization of the type defined in section 32. 
36. No mark that is similar to a collective mark may be registered for the 
same goods on behalf of any other party within five years of the lapse of the 
right deriving from registration of a collective mark for specific goods. 
Part VII 
Procedures, Registers, Fees 
37. Where not otherwise stipulated by this Law, the Code of Administrative 
Procedure shall apply to procedural matters before the Patent Office in res·pect 
of trademarks. 
38. The time limit for filing an appeal against a decision of the Patent Office 
shall be two months as from notification of the decision to the party concerned 
and the time limit for objecting to a determination made by the Patent Office 
shall be one month as from notification of the order to the party concerned. 
39. (I) An application for registration of a trademark shall be deemed to be 
made on the day on which it is filed with the Patent Office or is handed in at a 
Polish post office bearing the address of the Patent Office. 
(2) The appl ication for registration of a trademark shall state the name 
of the applicant, the trademark and the goods for which the trademark is 
intended. IP/N/lIPOL/T/1 
Page 10 
(3) Priority between applications submitted on the same day shall be 
determined by their order of receipt at the Patent Office. 
(4) The President of the Patent Office shall detennine the requirements 
for a regular application and shall decide on the classification of goods to be 
applied to trademarks. 
40. (1) Only one mark may be contained in each application for registration. 
(2) Where an application for registration contains more than one mark, 
the Patent Office shall process the application only as regards the first-meiltio­
ned mark and shall "at the same time invite the applicant to file applications for 
the other marks within a period of three months. The date of such applications 
shall be deemed to be the date of the first application. If no such separate 
applications are filed, the Patent Office shall discontinue the procedure con­
cerned. 
41. During the examination procedure, the Patent Office may direct the 
applicant to remedy any omissions or defects in the application within a period 
of three months, failing which the procedure shall be discontinued. The time 
limit may, at the request of the applicant, be extended for a further three months 
and, in cases where this is justified, for two additional three-month periods, after 
payment of the appropriate fees. 
42. Once an application has been filed, the applicant may not alter the 
essential characteristics of the mark filed nor extend the list of goods for which 
the mark is intended. 
43. (1) During the procedure, the Patent Office shall ensure that the mark 
filed satisfies the statutory requirements for registration and that it does not 
infringe third party rights. 
(2) Where the mark filed does not satisfy the statutory requirements for 
registration or infringes third party rights, the Patent Office shall notify the 
applicant and those persons whose rights are infringed and shall invite them to 
submit their comments within three months. 
(3) The Patent Office shall inform the applicant of any comments from 
third parties and shall invite him to comment thereon within three months. 
(4) Where the applicant does not submit comments within the period 
laid down in subsection (3), the Patent Office shall refuse registration of the 
mark. 
(5) The time periods laid down in subsections (2) and (3) may be 
extended at the request of the applicant in accordance with the conditions 
stipulated in section 41. 
44. (1) After ascertaining that no obstacles to the registration of the mark 
exist and that the fees laid down in section 5 have been paid, the Patent Office 
shall take the decision to register the trademark and shall enter it in the Register 
referred to in section 54; where such is not the case, the Patent Office shall issue 
a refusal. IP 1Nl 1 IPOL/T 11 
Page 11 
(2) After entry of the trademark in the Register, the Patent Office shall 
issue a certificate of protection to the owner of the right deriving from registra­
tion. 
45. (I) A trademark may be filed for registration abroad once it has been 
filed with the Polish Patent Office. 
(2) The Council of Ministers shall lay down by decree the procedure for 
filing trademarks abroad. 
46. No changes may be made to a registered trademark nor may the list of 
goods for which the mark has been registered be extended. 
47. (1) A request for extension of the tenn of protection deriving from the 
registration of the trademark for a further consecutive lO-year period shall be 
filed prior to expiry of the preceding tenn of protection, but not earlier than one 
year before expiry of that tenn. 
(2) In cases where this is justified, the request may be made up to six 
months after expiry of the term of protection. 
(3) When filing a request for extension of the tenn of protection deriving 
from registration of the trademark, the owner of the right shall be required to 
prove that he has used the trademark to the extent required by law. Where the 
owner of the right is unable to prove that he has used the trademark to that extent 
or that the trademark could not be used for reasons which are justified, the Patent 
Office shall refuse extension of the right deriving from registration of the 
trademark and shall cancel the right. 
(4) Extension of the right deriving from registration of a trademark and 
refusal of extension of such right shall be entered in the Trademark Register. 
48. The President of the Patent Office shall lay down the requirements for 
requests filed with the Patent Office in respect of registered trademarks. 
49. (1) The Patent Office shall give a decision in inter partes proceedings 
in the following instances: 
i) when ascertaining that no similarity exists between a registered 
trademark and a mark that another enterprise uses or intends to use (section 23); 
ii) when recognizing the lapse of the right deriving from registration of 
a trademark where the mark has lost its distinctiveness or the owner of the right 
deriving from registration has ceased economic activities (section 25(4) and 
(5»; 
iii) when annulling the right deriving from registration of a trademark 
where the statutory requirements for registration have not been met (section 29) 
or the right in a mark that is well known in Poland has been infringed (section 
24( I». 
(2) The Patent Office shall take its decisions in the matters referred to 
in subsection (1) according to the procedures and principles laid down in the 
Law on Inventive Activity. 
50. Appeals against decisions and objections to detenninations made by the 
Patent Office shall be heard by the Board of Appeals with the Patent Office, IP IN 11 IPOL/T 11 
Page 12 
hereinafter referred to as the "Board of Appeals", to be composed as stipulated 
by the Law on Inventive Activity. 
51. A party having his pennanent place of residence or business establi­
shment abroad may only be represented in proceedings before the Patent Office 
or the Board of Appeals through the agency of a unit approved for that purpose 
by the Minister for Foreign Trade. 
52. (I) The President of the Patent Office, the First President of the Supreme 
Court, the Public Prosecutor of the Republic of Poland and the Minister of 
Justice may initiate an extraordinary procedure for review in the case of any 
final decision and any final order given by the Patent Office or the Board of 
Appeals which tenninates the procedure and is clearly contrary to law. 
(2) The provisions of the Code of Civil Procedure shall be applicable to 
such extraordinary procedure. 
53. Actions concerning claims under section 20 and other civil law claims 
in the field of trademarks which are not within the competence of the Patent 
Office shall be heard by the courts or by arbitration commissions. 
54. (1) The Patent Office shall keep a Tradenlark Register and a Collective 
Mark Register in which it shall make the entries required by this Law. 
(2) The Registers shall be open to the pUblic. Anyone having a legitimate 
interest therein may, on payment of the appropriate fee, obtain a copy, an extract 
or a certificate of a given entry in the Trademark Registers. 
(3) Everyone shall be deemed to know the contents of the entries iri the 
Trademark Registers. 
(4) The President of the Patent Office shall lay down the rules governing 
the keeping of the Registers, the conditions and manner of making entries 
therein, the conditions for consulting a Register and for establishing copies, 
extracts and certificates of entries in the Registers. 
55. (l) Fees shall be payable in proceedings before the Patent Office and 
the Board of Appeals in actions concerning trademarks. 
(2) The Council of Ministers shall detennine by decree the rules for 
payment, the amount and the time limit for paying fees. 
56. The Patent Office shall publish in its official gazette Wiadomosci Urz~du 
Patentowego: 
i) the registration of a trademark; 
ii) the extension of a right deriving from registration of a trademark; 
iii) the transfer of a right deriving from registration of a trademark; 
iv) the grant of a license; 
v) the lapse of a right deriving from registration of a trademark; 
vi) the annulment of a right deriving from registration of a trademark; 
vii) changes in respect of the owner of a right deriving from registration 
of a trademark; 
viii) changes to the list of goods. Part VIII 
Penal Provisions IP/N/lIPOL/T/l 
Page 13 
57. (1) Anyone placing on the market goods or services bearing a trademark 
he is not entitled to use shall be liable to imprisonment of up to one year, 
limitation of freedom of up to one year or a fine. 
(2) In the case of organizational units, the head of such unit shall be 
liable within the meaning of subsection (1); however, where another-person is 
responsible for the marketing of goods or services within such unit, that person 
shall be liable. 
(3) Proceedings shall be instituted at the request of the injured party. 
Part IX 
Amendments to Existing Provisions; 
Transitional and Final Provisions 
ss. Section 6 of the Law of May 31, 1962 on the Patent Office of the Polish 
People's Republic (Dziennik Ustaw (Law Gazette) No. 33, text No. 157) is 
hereby repealed. 
59. Rights deriving from registration of trademarks existing at the time of 
entry into force of this Law shall remain in force. 
60. (1) Legal relationships that existed in connection with the registration 
of trademarks prior to the entry into force of this Law shaH continue to be 
governed by the previous provisions, subject to the provisions contained in 
subsection (2), below. 
(2) As from the entry into force of this Law, its provisions shall 
apply to: 
i) legal acts in relation to trademarks undertaken after the above--men­
tioned time; 
ii) the consequences of non-use of a trademark undertaken after the 
above-mentioned time; 
iii) the consequences of non-use of a trademark as laid down in section 
28. 
61. Procedures that had begun prior to the time of entry into force of this Law 
shall be governed by the provisions of this Law. 
62. The Law of March 28, 1963 on Trademarks (Dziennik Ustaw No. 14, 
text No. 73) is hereby repealed. 
63. This Law shall enter into force on July 1, 1985. 