Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | Prior user rights: | Person who has exploited an invention (utility model/design) in a good faith before priority date may continue to exploit it in his enterprise free of payment to the extent to which he had previously exploited the invention. This right shall also belong to a person who at the same date had already made substantial preparations for such exploitation. | Industrial Property Law of 2000, Articles 71, 100, 118 |
Patents/Utility models | The following shall not be considered acts of infringement: | The exploitation of an invention / utility model concerning means of transport or their parts or accessories, temporarily located on the territory of Poland; exploitation of an invention / utility model for national purposes, where it is has been found indispensable to prevent or eliminate a state of emergency relating to vital interests of the State, in particular to security or public order; employing of an invention / utility model for search and experimental purposes, for the evaluation thereof, analysis or teaching; the exploitation for the purpose of performing the acts as required under the provisions of law for obtaining registration or authorisation, being, due to the intended use thereof, requisite for certain products to be allowed for putting them on the market, in particular those being pharmaceutical products; the extemporaneous preparation of a medicine in a pharmacy on a physician’s prescription. | Industrial Property Law of 2000, Articles 69, 100 |
Industrial Designs | The holder of the right may not prevent any third party from: | Use for private and for non-commercial purposes; use for experimental purposes; acts of reproduction for the purposes of making citations or of teaching; use by way of execution, on an individual order, of repairs intended to reproduce a component part of a complex product so as to restore its original appearance. | Industrial Property Law of 2000, Article 115 |
Topographies of Semiconductor Products | |||
Trade Marks | The right of protection shall not entitle the right holder to prohibit third parties from using, in the course of trade: | their names or addresses; indications concerning the features and characteristics of goods, the kind, quantity, quality, intended purpose, origin, the time of production or of expiration of usability period; a registered mark or a similar mark, if it is necessary to indicate the intended purpose of the product, in particular spare parts, accessories or services; a registered geographical indication, if the use thereof by these parties is authorised under other provisions of Industrial Property Law. | Industrial Property Law of 2000, Article 156 |
Copyright | These kinds of use shall not be considered as infringements: | Free use; Broadcasting through the press, radio and television of disseminated works for informative purposes; Reports on current events; Use by research and educational institutions; Use by libraries, archives and schools; Quotation; Use for the benefit of handicapped; There are also some other limitations. | Law on Copyright and Related Rights of 1994, Articles 23-33, 33-1 to 33-5 |
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