Poland: Legal Environment

Business Contract

General Observation: Contracts are based on the rules of the party’s autonomy. All parties must agree the essential terms, including the price and the subject matter of the contract. Written agreements, although not always mandatory, enable to avoid future disputes.
Law Applicable to the Contract: Civil Code, Act on International Private Law of 1965.
Language of Domestic Contract: Polish
Other Laws Which Can Be Used in Domestic Contracts: Many private international law regulations have been ratified by Poland and remain applicable, including the Council Regulation No 44/2001, the United Nations Convention on Contracts for the international Sale of Goods (CISG) and the New York Convention of 1974 on the Limitation Period in the International Sale of Goods.

National Organisations: The organisation responsible for the protection of intellectual property in Poland is the Urzad Patentowy RP, and the Copyright Office.
Regional Organisations: For patent protection: The European Patent Office.
Governing trademarks, designs and models: The Office for Harmonisation in the Internal Market.
International Membership: Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property
Membership to the TRIPS agreement - Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Type of property and law	Validity	International Agreements Signed
Patent Law on inventive activity 19th October, 1972, modified by the law of 16th April, 1993	20 years	Patent Cooperation Treaty (PCT)
Trademark Law on Trademarks 31st January, 1985	10 years, renewable for a consecutive period of 10 years.	Trademark Law Treaty Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Design Industrial Property Act of 30th June, 2000	25 years
Copyright Act No. 83 of 4th February, 1994 on Copyright and Neighbouring Rights (as last amended on 21st October, 2010) and the Act of 9th June, 2000 on the Amendment to the Law on Copyright and Neighbouring Rights (2000)	10 years	Berne convention For the Protection of Literary and Artistic Works Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations WIPO Copyright Treaty WIPO Performances and Phonograms Treaty
Industrial Models Industrial Property Act of 30th June, 2000	25 years

Equal Treatment of Nationals and Foreigners: Poland is a constitutional State. Foreign nationals can expect to obtain impartial proceedings in legal matters.
The Language of Justice: Polish is the language of justice used.
Recourse to an Interpreter: It is possible to obtain an interpreter.
Legal Similarities: The main source of the country's law is the Constitution of 1997. The legal system is a mix of Continental civil law (Napoleonic) and remnants of communist legal theory; changes are being brought in rapidly via democratisation. Poland accepts the obligatory jurisdiction of the ICJ (International Court of Justice) but with reservations. As Poland is a member of the European Union, its national law must abide by the conditions of the UE's legislation.

Accounting regulations	Consult Law Library of Congress Website
Contract and property law	Consult Law Library of Congress Website
Customs law	Consult Law Library of Congress Website
Consumer law	Consult Law Library of Congress Website
Company law	Consult Law Library of Congress Website
Investment law	Consult Law Library of Congress Website
Labor law	Consult Law Library of Congress Website
Any additional information	Consult Doing Business Website

Checking National Laws Online: Online legal database (in Polish)
N-Lex
Other Useful Resources: Lawyers Poland
Country Guides: Lexmundi, Guide to doing business in Poland
Guide to the judicial system in Poland

There is a four-tiered court system in Poland:	Regional, provincial, appellate divisions, and a Supreme Court. For additional information.
The National Judicial Council	The twenty-four-member council, consisting of judges from the national, district, and local levels, serves a four-year term and has the primary function of recommending judgeship candidates to the president. Another basic function of the body is to oversee the entire judiciary and establish professional standards.
The Supreme Court	The Supreme Court is the highest judicial organ and functions primarily as a court of appeal. The Supreme Court reviews the decisions of all lower courts; hears appeals of decisions made by the district courts, along with appeals brought by the minister of justice (who simultaneously serves as the prosecutor general) and the first chairman of the Supreme Court; and adopts legal interpretations and clarifications. The court is organized into four chambers: criminal, civil, labour and social insurance, and military.
Lower Courts	Local courts concentrate on minor, routine offenses, and the district courts were to take on more serious cases and consider appeals of local court verdicts. Lower courts are divided into criminal, civil, military, labor and family chambers. Judges are nominated by the National Judicial Council and are appointed by the president for life.

Arbitration: A permanent arbitration tribunal to settle disputes arising from international commercial activities operates through the Polish Chamber of Commerce.
Arbitration Law: Code of Civil Procedure, Part V Arbitral Court
Conformity to International Commercial Arbitration Rules: Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Party to the Geneva Convention of the Execution of Foreign Arbitral Awards.
Appointment of Arbitrators: See arbitration appointment procedures here
Arbitration Procedure: See arbitration procedures here.
Permanent Arbitration Bodies: Arbitration Court at the Polish Chamber of Commerce
Arbitration Court at the Polish Conference of Private Employers LEWIATAN
Link to Polish arbitration organisations

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