CMS Expert Guide on Preliminary Injunctions in IP in Poland

PIs are available for infringement claims in relation to any IP rights - for both monetary and non-monetary claims.

No. However, there is a requirement to provide information in the application for a PI as to whether the applicant has attempted to settle the dispute amicably. This information is however irrelevant to the court's decision to grant the PI. 

The court will dismiss an application if it is filed more than six months after the applicant became aware of the infringement.  

If the PI is requested before the main proceedings are initiated, the court will set a time limit (no longer than 14 days) by which the main claim must be filed.

Technically, the court's decision should be issued no later than 7 days, however in practice it may take from 2–3 weeks up to a couple of months.

No, due to the subsidiary nature and purpose of interim proceedings.

The applicant must demonstrate: (i) a high probability of infringement and (ii) a legal interest in obtaining a PI.

Evidence may include documents, technical expert opinions (only private expert opinions are admissible, not court-appointed ones), witness statements, or results from a secured evidence/discovery/information claim.

The court should hear the defendant before a decision is made. There are two exceptions if:

• an immediate decision is necessary (the court will decide on case-by-case basis whether there is  necessity); or
• if the PI is to be fully enforced by a bailiff (e.g.  the right holder is asking only for seizure of products) or if it involves compulsory administration over an enterprise or farm.  

Yes, the prevailing party may recover court and legal costs, however the costs are decided by the court hearing the main proceedings. The court’s costs award includes court fees and attorneys' fees. The recovery of attorneys' fees is capped by statutory fees. 

Not automatically but the court may require security as a condition to enforcement. The security serves to cover potential damages suffered by the defendant if the PI is later revoked. The security order is court discretionary. 

Yes, the defendant may appeal within 7 days from date of delivery of the PI order providing justification. Filing an appeal does not automatically suspend the PI's effect, but the court may suspend its enforcement until the appeal has been decided.

Appeals generally take 1–6 months, depending on court workload and case complexity.

A PI becomes effective upon issuance by the court or once the applicant has paid the financial deposit (unless suspended due to an appeal).

There are two measures available to enforce compliance with a PI:

• on applicant request, the court may include an order requiring the defendant to pay a fine to the applicant on breach of obligations specified in the PI decision; 
• during proceedings, if an applicant requests it, the court may set a deadline for the defendant to fulfill their obligations and impose a fine if they fail to comply by that deadline. Alternatively, the court may impose a daily fine for each day the obligation is violated. The court cannot impose a fine exceeding PLN 15,000 (approx. €3,510), and the total amount of fines in the same case cannot exceed PLN 1,000,000 (approx. €233,855). 

Yes. A claim for damages expires if it is not pursued within one year of its origination date.

Yes. A PI is temporary and remains in effect only until the conclusion of the main proceedings. Separate main proceedings on the merits are required to obtain a permanent injunction. 

If proceedings on the merits are not initiated in time, the PI is revoked.