An Italian software house opens a Warsaw development centre. Within months, a former contractor begins marketing a near-identical product under a confusingly similar name. The Polish courts move quickly – but only if the right registrations were in place before the dispute arose. Without them, enforcement options narrow sharply and recovery becomes uncertain.

Italian technology companies entering Poland must register trademarks, secure copyright assignments in writing, and document trade-secret measures before operations begin. Polish intellectual property law – grounded in the Prawo własności przemysłowej (Industrial Property Law, PWP) and the Ustawa o prawie autorskim i prawach pokrewnych (Copyright Act) – conditions enforcement on prior, documented ownership. Gaps in registration or contractual chain forfeit injunctive relief and preclude damages claims in Polish courts. Acting before the first employee or contractor is engaged is not optional; it is the minimum threshold for protection.

This alert covers three immediate priorities: trademark and domain registration, IP ownership in employment and contractor agreements, and trade-secret compliance under Polish law. Each section identifies the specific deadline or threshold that triggers risk.

What has changed for Italian tech companies operating in Poland?

Polish IP enforcement has tightened on two fronts since 2024. First, the Patent Office of the Republic of Poland (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP) now processes opposition proceedings faster – average timelines have compressed to roughly 12 months. Speed favours whoever files first. Second, Polish courts have aligned trade-secret doctrine with the EU Trade Secrets Directive, raising the evidentiary bar: companies must demonstrate active, documented protection measures or lose standing entirely.

For Italian tech companies, this creates a concrete filing window. A European Union trademark (EUTM) registered through the European Union Intellectual Property Office (EUIPO) covers Poland automatically. Filing costs start at roughly EUR 850 for one class. An EUTM application filed today establishes a priority date immediately – meaning any third-party application filed after that date cannot defeat your claim, even if their registration completes first. Waiting forfeits that priority position permanently.

The AI Act, now in force across the EU including Poland, adds a second layer. Italian companies deploying AI-based products in Poland must classify their systems under the AI Act framework. High-risk classifications trigger conformity obligations that interact directly with IP strategy – proprietary algorithms embedded in regulated systems require additional documentation to remain enforceable. For a detailed breakdown of high-risk classification, see our analysis of AI Act high-risk classification, affected sectors and systems.

  • EUTM or national trademark filing establishes priority from day one
  • Trade-secret protection requires documented internal measures before any dispute
  • AI Act classification affects IP enforceability for algorithm-based products
  • GDPR Poland obligations apply to any personal data processed in the Polish entity

DORA compliance deadlines also affect Italian fintech companies with Polish operations. Financial entities must meet DORA's ICT risk management requirements – and IP ownership of the underlying software must be clearly assigned to the regulated entity, not a parent or affiliate. Ambiguous ownership structures fail regulatory review.

Who is affected and what must Italian tech companies do now?

Any Italian technology company with a Polish subsidiary, branch, development team, or contractor network is within scope. The threshold is low: even a single Polish-resident developer working on proprietary code creates an IP ownership gap if the contract does not contain an explicit, written assignment clause. Polish copyright law vests initial ownership in the individual creator. Without a written assignment, the company owns nothing enforceable in a Polish court.

We secured a reversal of an IP ownership dispute for a software client in the Mazowieckie region (autumn 2025), where the original contractor agreements lacked assignment language. The process required retroactive documentation, court-supervised negotiation, and took over eight months. That outcome – while positive – cost far more than preventive drafting would have. Comparable situations in Małopolska during spring 2025 resolved faster only because the client had partial documentation in place.

Employment agreements deserve equal attention. Under Polish labour law, works created by an employee in the course of employment belong to the employer – but only within defined limits. Software created outside working hours or beyond the agreed scope may remain with the employee. Contracts should specify scope of work precisely and include an explicit IP transfer clause covering all work-related output. The Polish Labour Code sets a 3-year window during which an employer can claim rights to an employee's work; after that, rights revert unless contractually preserved.

For Italian companies comparing their Polish entry strategy with approaches used in other Central European markets, our guide on IP protection strategy for Slovakia tech companies in Poland provides a useful parallel framework. Employment-specific considerations for the Italian market are addressed in our employment practice for Italy.

What to prepare before your Polish operations begin:

  • EUTM or UPRP trademark application covering your core brand and product names
  • Written IP assignment clauses in all contractor and employment agreements
  • Internal trade-secret policy with access logs and confidentiality procedures
  • Domain registrations under .pl TLD through a Polish registrar
  • AI Act system classification documentation if deploying algorithmic products

The IP lawyer Warsaw market is well-developed, but specialist advice on cross-border Italian-Polish structures requires both jurisdictions. Engaging an IP lawyer with dual-market experience before the first hire – not after the first dispute – is the single most cost-effective step available.

Specific IP situations facing your company require tailored analysis. Gaps in trademark registration or contract drafting can preclude enforcement permanently – there is no retroactive remedy once a third party registers your mark or a contractor disputes ownership.

To receive an expert assessment of your IP protection strategy in Poland, contact info@kordeckipartners.com.

Frequently asked questions

Q: Does an Italian trademark registration protect my brand in Poland?

A: An Italian national trademark does not cover Poland. You need either a European Union trademark (EUTM) filed through the EUIPO, which covers all EU member states including Poland, or a separate national application filed with the Patent Office of the Republic of Poland. An EUTM is generally the more efficient route for companies already operating across the EU.

Q: How long does trademark registration in Poland take, and what does it cost?

A: A national application with the Patent Office of the Republic of Poland typically takes 12 to 18 months from filing to registration, assuming no oppositions are filed. Official fees start at approximately PLN 550 for one class. An EUTM covers Poland within the same timeline and costs roughly EUR 850 for one class – often the more economical option for companies with EU-wide operations.

Q: Our developers are contractors, not employees. Does Polish law still give us IP ownership?

A: No. The Polish Copyright Act does not automatically assign IP rights to the commissioning party in a contractor relationship. Ownership vests in the individual creator unless a written assignment clause transfers rights explicitly. Many Italian companies assume that payment for work equals ownership – this is a common misconception that Polish courts do not accept. Every contractor agreement must contain a specific, written IP assignment to be enforceable.

KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to IP protection, technology law, and cross-border structuring. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.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. KORDECKI & Partners 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@kordeckipartners.com.