A London-based SaaS company expands into Poland, signs its first enterprise client in Warsaw, and assumes its UK trade mark registrations and software licences travel with it. They do not. Post-Brexit, the United Kingdom sits outside the European Union's IP framework. Rights that once covered Poland automatically now require separate, affirmative steps to remain enforceable on Polish territory.
UK tech companies operating in Poland face a structural IP gap created by Brexit: EU trade marks, Community designs, and supplementary protection certificates no longer extend to the United Kingdom, and the reverse is equally true. Polish enforcement relies on either Polish national registrations, EU-level filings that explicitly cover Poland, or contractual protections embedded in local agreements. Companies that have not audited their IP position since January 2021 may be operating with unenforceable rights – and the window to remedy this before litigation arises is narrow.
This alert covers three immediate priorities: trade mark and design coverage, software copyright enforcement under Polish law, and data-related compliance obligations that intersect with IP strategy. Each section identifies the relevant threshold, the applicable deadline or risk trigger, and the action required.
What changed for UK trade marks and designs after Brexit?
The core problem is straightforward. Before 31 December 2020, a single EU trade mark (EUTM) filed with the European Union Intellectual Property Office (EUIPO) covered all 27 EU member states, including Poland. UK companies relied on that single filing. After Brexit, the United Kingdom was removed from EUTM coverage. Existing EUTMs were cloned into comparable UK rights automatically – but the reverse did not occur. A UK national trade mark does not cover Poland.
For tech companies, this creates an immediate enforcement gap. A competitor in Poland can use a brand identical to your UK-registered mark without infringing any right you currently hold on Polish territory – unless you hold a separate EUTM or Polish national registration. The Polish Patent Office (Urząd Patentowy Rzeczypospolitej Polskiej, UPRP) handles national filings. Processing time runs approximately 12 to 18 months for straightforward applications. EUTM filings at EUIPO typically take 4 to 6 months and cover all EU member states, including Poland, in a single procedure.
The risk is not theoretical. We secured interim injunctive relief protecting a software brand worth over EUR 3m for a UK-based client in the Mazowieckie region (spring 2025) – after a local distributor began using a confusingly similar mark. The client had assumed its UK registration was sufficient. It was not. Acting before infringement occurs costs a fraction of post-infringement litigation.
- Audit all active UK trade marks for equivalent EUTM or UPRP coverage
- File EUTM applications for marks used commercially in Poland within 90 days
- Register Community designs for UI/UX elements and product configurations
- Update distribution and licensing agreements to reference Polish-territory rights
How does Polish copyright law protect software developed in the UK?
Copyright protection for software in Poland arises automatically under the ustawa o prawie autorskim i prawach pokrewnych (Act on Copyright and Related Rights). No registration is required. A UK company that develops software owns copyright in Poland from the moment of creation – provided the work meets the originality threshold and the ownership chain is documented. The practical problem is not existence of rights but proof of ownership and enforceability in Polish proceedings.
Polish courts require clear evidence of authorship and chain of title. For UK tech companies, this means employment agreements, contractor agreements, and work-for-hire clauses must explicitly assign IP rights to the company. Agreements governed by English law are recognised in Poland, but they must be translated and certified for use in court. A missing assignment clause in a contractor agreement can forfeit the company's claim to software it paid to develop – an irreversible consequence once litigation has commenced.
Our team obtained a favourable copyright ruling protecting source code valued at over PLN 4m for a fintech client operating in Silesia (autumn 2024). The decisive factor was a properly structured assignment agreement. Clients without such documentation face significant evidentiary risk. For a detailed breakdown of the applicable framework, see our analysis of software copyright protection under Polish law.
AI-generated outputs present an additional layer of complexity. Under the EU AI Act, which applies in Poland from August 2026, high-risk AI systems used in software development carry documentation and transparency obligations. UK companies deploying AI tools in their Polish operations should begin compliance mapping now – the 12-month implementation window is already running.
What data and compliance obligations intersect with your IP strategy?
IP strategy for tech companies in Poland cannot be separated from data protection and regulatory compliance. The Urząd Ochrony Danych Osobowych (Personal Data Protection Office, UODO) enforces GDPR in Poland. Fines have reached EUR 1m for mid-size technology operators. For UK companies, the post-Brexit data transfer regime adds a further layer: transfers of personal data from Poland to the UK require either an adequacy decision or standard contractual clauses (SCCs). The UK currently benefits from an adequacy decision, but that decision is subject to periodic review.
DORA compliance – the EU Digital Operational Resilience Act – applies to financial-sector technology providers operating in Poland from January 2025. UK fintech and SaaS companies supplying Polish financial institutions must meet ICT risk management and contractual requirements. Non-compliance precludes continued supply to regulated Polish entities, which in practice means loss of the client relationship. For GDPR enforcement trends and UODO decision patterns, see our dedicated review of GDPR fines in Poland and UODO enforcement trends.
Trade secret protection under Polish law also deserves attention. The ustawa o zwalczaniu nieuczciwej konkurencji (Act on Combating Unfair Competition) protects confidential business information, including algorithms, pricing models, and client lists. Protection requires active measures: non-disclosure agreements, access controls, and documented confidentiality policies. Companies that cannot demonstrate active protection may lose trade secret status entirely – forfeiting the right to seek injunctive relief or damages.
UK companies with Polish operations that exceed EUR 10m in annual revenue or process personal data of more than 5,000 Polish data subjects should treat GDPR, DORA, and trade secret compliance as integrated components of their IP strategy, not separate workstreams. For companies navigating VAT and invoicing obligations alongside IP matters, our timeline on KSeF deadlines for UK companies sets out the parallel regulatory calendar.
Specific actions required now: appoint a Polish data protection representative if you lack an EU establishment, review SCC documentation for all data flows, and ensure DORA contractual clauses are embedded in agreements with Polish financial-sector clients before renewal.
Your IP position in Poland is only as strong as the registrations, assignments, and contractual protections you have put in place on Polish territory. A gap discovered during litigation cannot be remedied retroactively – it forfeits the claim entirely.
To receive an expert assessment of your IP and compliance position in Poland, contact info@kordeckipartners.com.
Frequently asked questions
Q: Does my existing EU trade mark automatically cover Poland after Brexit?
A: Yes – an EU trade mark filed at EUIPO covers all 27 EU member states, including Poland. The Brexit issue runs in the other direction: your UK national trade mark no longer covers EU territory. If you hold only a UK national registration and no EUTM, you have no enforceable trade mark right in Poland. Filing an EUTM application is the fastest route to Polish coverage, with a typical processing time of 4 to 6 months.
Q: How long does it take to register a trade mark in Poland directly through the UPRP?
A: A straightforward application to the Polish Patent Office takes approximately 12 to 18 months from filing to registration. Oppositions or office actions extend that timeline. For most UK tech companies, an EUTM filing is faster and covers all EU member states simultaneously. National UPRP registration may be preferable where Poland is the sole target market or where cost is a primary consideration.
Q: Is a common misconception that GDPR compliance in the UK satisfies Polish UODO requirements?
A: Yes, and it is a costly one. UK GDPR and EU GDPR diverged after Brexit. The UODO applies EU GDPR standards, and its enforcement practice reflects guidance from the European Data Protection Board, not the UK Information Commissioner's Office. A UK company that has built its compliance programme around ICO guidance may have gaps in its Polish position – particularly around data transfer mechanisms and local representative requirements. An independent UODO-focused review is advisable before any Polish data processing activity scales.
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 regulation, and cross-border compliance. 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.