A Zurich-based software company expands into Poland, registers its core product under a Swiss trademark, and assumes the protection travels with it. Eighteen months later, a Warsaw competitor is selling a near-identical product under a confusingly similar name – and the Swiss registration offers no direct remedy before Polish courts. The gap between assumption and legal reality is where IP losses begin.

Switzerland is not a European Union member, so Swiss trademark and design registrations carry no automatic effect in Poland. Swiss tech companies entering the Polish market must secure independent EU-level or national Polish registrations, comply with GDPR Poland requirements for any data embedded in their products, and assess obligations under the EU AI Act if their software qualifies as a high-risk system. Failure to act before market entry forfeits priority rights and may permanently preclude enforcement against Polish infringers.

This alert covers three immediate action areas: IP registration gaps that Swiss companies typically overlook on Polish entry, the regulatory overlay from the AI Act and DORA compliance that now shapes how IP assets are structured, and a concrete checklist of steps to complete within 90 days of market entry.

What has changed for Swiss tech companies operating in Poland?

Until recently, many Swiss technology firms treated their home-jurisdiction registrations as sufficient for European commercial activity. That assumption was always legally incorrect – but enforcement risk was low in smaller markets. Poland's tech sector has grown sharply. Warsaw and Kraków now host regional headquarters for dozens of international software companies. That growth has brought a corresponding rise in IP disputes before the Polish Patent Office (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP) and in commercial courts.

Three regulatory shifts compound the risk. First, the EU AI Act entered its phased application schedule in 2024, with high-risk system obligations binding from August 2026. Swiss companies whose products touch credit scoring, recruitment automation, or critical infrastructure must classify their systems now – not at the enforcement deadline. Our analysis of the classification framework is available at the AI Act high-risk classification guide. Second, DORA compliance obligations now apply to financial-sector software vendors operating in the EU, including Polish clients. A Swiss fintech supplying Polish banks faces contractual and regulatory scrutiny of its IP ownership chain. Third, GDPR Poland enforcement by the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych, PUODO) has intensified, with fines reaching EUR 1m in recent decisions.

The combined effect is that IP strategy can no longer be separated from regulatory compliance. A trademark registration without a GDPR-compliant data processing structure, or a patent portfolio without an AI Act conformity assessment, leaves the Swiss company exposed on multiple fronts simultaneously.

Which Swiss tech companies are affected – and by what thresholds?

Not every Swiss company faces the same exposure. The threshold analysis turns on three variables: the nature of the IP asset, the commercial footprint in Poland, and whether the product falls within regulated categories. Getting this wrong triggers personal liability for directors and forfeits enforcement rights that cannot be recovered retroactively.

On IP registration, the critical threshold is market use. Any Swiss company that has used a trademark, trade name, or software product name in Poland – even through a distributor or SaaS delivery – for more than 12 continuous months risks a third party acquiring prior use rights under Polish unfair competition law. The National Court Register (Krajowy Rejestr Sądowy, KRS) records of Polish entities show the registration date, which courts use to assess priority. A Swiss company that delayed EU trademark filing loses that priority window permanently.

On the AI Act, the threshold is system classification. Swiss companies supplying AI-enabled products to Polish clients in sectors listed as high-risk – including HR tech, legal tech, and financial scoring tools – must complete a conformity assessment before placing the product on the EU market. The deadline for existing systems is August 2026, giving a window of under 18 months from the date of this alert. We secured interim protection of IP assets worth over EUR 3m for a Swiss software client operating in the Mazowieckie region (autumn 2025) precisely because the classification analysis had been completed before enforcement proceedings began.

On DORA compliance, the threshold is contractual. Polish financial institutions are required to include specific IP ownership and audit-access clauses in contracts with ICT third-party providers. A Swiss vendor that cannot demonstrate clear IP ownership – because its codebase includes open-source components without proper licence documentation – will fail vendor due diligence and lose the contract. This is an irreversible commercial consequence once the tender process closes.

  • Swiss trademark not registered as EU trademark or at UPRP – no enforcement in Poland
  • AI-enabled product used in Poland without conformity assessment – market access at risk from August 2026
  • DORA vendor contracts without IP chain documentation – disqualification from Polish financial-sector clients
  • GDPR data processing embedded in product without Polish-law DPA – PUODO enforcement exposure up to EUR 20m or 4% of global turnover

What immediate actions should Swiss tech companies take?

The 90-day window matters. Priority rights, conformity timelines, and contractual negotiations all have hard deadlines. Three actions must run in parallel, not sequentially. Swiss companies that treat IP registration, AI Act classification, and DORA documentation as separate workstreams consistently miss the interdependencies – and pay for it later.

First, conduct an IP audit within 30 days. Map every trademark, software copyright, patent, and trade secret that the Polish operation will use or commercialise. Identify which assets have EU-level protection (EU trademark via the European Union Intellectual Property Office, EUIPO; European patent via the European Patent Office, EPO) and which rely solely on Swiss registrations. File EU trademark applications for any unprotected marks immediately – the filing date establishes priority. Employment contracts for Polish staff must include IP assignment clauses under Polish labour law, or the copyright in code written by Polish employees vests in the employee, not the employer. For Swiss companies with Polish development teams, this is a common and costly oversight.

Second, complete AI Act classification within 60 days. Use the European Commission's published classification criteria to assess each product line. If a product qualifies as high-risk, begin the conformity assessment process now. The assessment requires technical documentation, a quality management system, and – for some categories – third-party conformity assessment by a notified body. Our detailed breakdown of affected sectors is at the AI Act classification guide. Swiss companies that also transfer personal data from Poland to Ukraine in their product architecture should review the applicable transfer mechanisms covered in the data transfer guide.

Third, review employment and contractor arrangements within 90 days. Swiss companies often engage Polish developers through B2B contracts rather than employment. Under Polish copyright law, B2B contractors retain IP rights unless the contract explicitly transfers them. A Swiss company may have paid for software development in Poland for years while owning nothing. The fix requires retroactive IP assignment agreements – which are enforceable but must be executed before any dispute arises. For the broader employment compliance picture, see the employment law compliance guide for Switzerland companies in Poland.

What to prepare – immediate checklist:

  • List of all IP assets used in Poland with current registration status
  • Copies of employment and B2B contractor agreements for IP assignment review
  • EU trademark filing receipts or EUIPO application numbers
  • AI Act product classification worksheet for each software product
  • DORA-compliant ICT vendor contract template if supplying Polish financial institutions

We obtained a successful IP assignment enforcement outcome worth over PLN 4.5m for a technology client in Małopolska (winter 2025) after identifying a gap in contractor agreements during a pre-litigation audit. Early action – not litigation – is what preserved the asset value.

The specific IP situation of a Swiss company entering Poland requires a structured assessment before market exposure grows. Delay precludes priority rights and forfeits enforcement options that cannot be recovered once a third party has established use.

To receive an expert assessment of your IP protection strategy in Poland, contact info@kordeckipartners.com. Our team will map your current registrations, identify gaps, and deliver a prioritised action plan within five working days.

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, AI Act compliance, and technology transactions. 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.