[Guest Post] The proposed changes to Polish IP law: Will trade secret deposit be a successful tool to enforce protection of trade secrets?
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Marcel Pemsel
11:56 AM (6 hours ago) 11:56 AM
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[Guest Post] The proposed changes to Polish IP law: Will trade secret deposit be a successful tool to enforce protection of trade secrets?
The IPKat has received and is pleased to host this guest contribution from Katfriend Aleksandra Kuc‑Makulska
(DWF Poland Jamka), who discusses the proposal to introduce a trade
secret deposit in Polish law. Here is what Aleksandra writes:
The proposed changes to Polish IP law: Will trade secret deposit be a successful tool to enforce protection of trade secrets?
by Aleksandra Kuc-MakulskaPoland has recently published a draft reform of its Industrial Property Law for public consultation, proving that legislative reforms do not take summer holidays. Apparently, neither do IP lawyers, as the draft has already become a hot topic within the Polish IP community. Comments to the draft are invited until 29 July 2026 and, judging by the discussions so far, some of them may be skeptical.
One of the changes attracting a lot of attention is the proposed introduction of a trade secret deposit to be administered by the Polish Patent Office. The deposit in Poland would be a tool similar to i-DEPOT in Benelux and would be based on Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
How would the deposit work?
The main idea behind the deposit is that the Polish Patent Office will not examine the submitted documents in any way. It would not verify whether the information is in fact a trade secret or whether it belongs to the party requesting the deposit. Instead, it would simply assess whether the request for entry meets the formal requirements and, if so, issue a confirmation of filing. The information would be stored for five years with the possibility of annual extensions thereafter.
What would the deposit actually prove?
The principal advantage of the deposit and its primary purpose is that it helps prove the existence of particular information at a specific point in time. In case of a court dispute, a court could obtain access to the deposit, while the opposing party would not be granted access without the consent of its owner. This would make the deposit a powerful tool in the enforcement of protection of trade secrets. It would not however in any way help prove that the deposited information qualifies as a trade secret. This would still need to be examined on the basis of existing provisions of national laws, implementing Directive (EU) 2016/943. It is therefore important to remember that the deposit would not eliminate the need to take all other measures needed to keep the confidentiality of trade secrets.
The principal advantage of the deposit and its primary purpose is that it helps prove the existence of particular information at a specific point in time. In case of a court dispute, a court could obtain access to the deposit, while the opposing party would not be granted access without the consent of its owner. This would make the deposit a powerful tool in the enforcement of protection of trade secrets. It would not however in any way help prove that the deposited information qualifies as a trade secret. This would still need to be examined on the basis of existing provisions of national laws, implementing Directive (EU) 2016/943. It is therefore important to remember that the deposit would not eliminate the need to take all other measures needed to keep the confidentiality of trade secrets.
What the draft does not say
Although the above aspects are already somewhat controversial, what is even more troubling is not what the proposed draft says about the deposit but what it does not say.
The information stored in the deposit would no doubt be confidential, however, it is not clear whether the sole fact of making an entry to the deposit could be publicly available, and, if so, what information would be disclosed. Going forward, it is uncertain whether third parties would be able to request that particular information is removed from the deposit, for example if a court determines that the information does not qualify for protection.
It would also be important to clarify what will happen to the deposited information once the deposit expires. Owners of trade secrets will naturally wish to know whether their trade secrets will still be safely stored in the Patent Office’s archives or returned to them.
Although some of those issues may be addressed in secondary legislation, some of them are of such significance that they should be resolved already in the draft act. Hopefully, the public consultation process will help address the shortcomings and provide greater clarity regarding the proposed framework.
Beyond the trade secret deposit
The trade secret deposit is not the only point of the draft reform attracting the attention of IP practitioners. Another interesting one is the planned shift of the utility model system from substantive examination towards a more registration-based approach. The draft reform also contains a number of procedural changes, including the introduction of protective letters and the obligation to use electronic communication between professional representatives and the Polish Patent Office. So much for a quiet summer in the Polish IP world.
The picture is by Acrypt Photography and used under the licensing terms of pexels.com.
Although the above aspects are already somewhat controversial, what is even more troubling is not what the proposed draft says about the deposit but what it does not say.
The information stored in the deposit would no doubt be confidential, however, it is not clear whether the sole fact of making an entry to the deposit could be publicly available, and, if so, what information would be disclosed. Going forward, it is uncertain whether third parties would be able to request that particular information is removed from the deposit, for example if a court determines that the information does not qualify for protection.
It would also be important to clarify what will happen to the deposited information once the deposit expires. Owners of trade secrets will naturally wish to know whether their trade secrets will still be safely stored in the Patent Office’s archives or returned to them.
Although some of those issues may be addressed in secondary legislation, some of them are of such significance that they should be resolved already in the draft act. Hopefully, the public consultation process will help address the shortcomings and provide greater clarity regarding the proposed framework.
Beyond the trade secret deposit
The trade secret deposit is not the only point of the draft reform attracting the attention of IP practitioners. Another interesting one is the planned shift of the utility model system from substantive examination towards a more registration-based approach. The draft reform also contains a number of procedural changes, including the introduction of protective letters and the obligation to use electronic communication between professional representatives and the Polish Patent Office. So much for a quiet summer in the Polish IP world.
The picture is by Acrypt Photography and used under the licensing terms of pexels.com.
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