Ochrona symboli religijnych zawartych we wzorach przemysłowych zgłoszonych do Urzędu Patentowego RP
Legal protection of religious symbols incorporated in industrial designs submitted to the Polish Patent Office

Summary/Abstract: This article explores the legal protection of religious symbols incorporated in industrial designs submitted to the Polish Patent Office pursuant to the Industrial Property Act of 2000. According to this act, the Patent Office, acting ex officio, cannot grant legal protection in the territory of Poland to industrial designs that contain a sign incorporating an element with a high symbolic value of a religious nature, as the use of the element would offend religious sentiments. As part of the examination process for a submitted design, the Patent Office evaluates the fulfilment of the requirements laid down in the aforementioned regulation, the interpretation of which is presented in this article. In this context, an important point to note is that, due to the historically enduring and universal nature of symbols associated with Christianity, they generally possess high value not only for adherents of that faith but also for those who consider the values associated with those symbols as essential to the functioning of society as a whole. Within the framework of applicable regulations, a significant instrument for the legal protection of symbols and, therefore, of religious sentiments is the institution of invalidation and reversal of the Patent Office’s decision to grant registration rights. According to the law, any natural or legal person may initiate such proceedings. This legal regulation creates an opportunity – and, indeed, an obligation – for church institutions and organisations, clergy, Christian associations, communities, movements and even individual believers to take appropriate action.

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