How will the new legislation affect your intellectual property rights in 2025?

The year 2024 was a time of significant changes in intellectual property law, both at the national and EU level. Amendments introduced in Poland and regulations enacted by the European Union set new directions in the protection of copyright, industrial designs and geographical indications. These changes not only adapt regulations to the realities of the digital economy, but also simplify registration procedures and strengthen the protection of intellectual property. Some of them will come into force as early as 2025.

Changes to copyright law: Remuneration to artists for public online sharing

In 2024, an amendment to the Copyright Act , implementing the Digital Single Market (DSM) Directive, came into force in Poland. This amendment concerns, among other things, the remuneration of performers for making their performances available to the public online.

According to the new Article 86¹ of the Copyright Act, artists, performers of literary, journalistic, scientific, musical and spoken word works will be entitled to receive remuneration for making their artistic performances available to the public in a way that allows access at any time and place. This also applies to performers of arrangements of these works. This right is non-transferable, non-assignable and non-enforceable.

When will the new provision come into force?

This provision, as one of the last of the amended provisions, will come into force on 20 February 2025. It aims to ensure fair remuneration for creators, particularly in the context of the rapidly growing VOD and streaming services sector. It is part of a broader implementation of the principle of ‘appropriate and proportionate remuneration’ for creators and performers contained in Article 18 of the DSM Directive, which guarantees creators the right to remuneration adequate to the market value of their rights.

EU industrial design: new rules for 2025

On 18 November 2024, Regulation 2024/2822 was published, which amends the existing Community Design legislation. The amendment, part of whose provisions will enter into force on 1 May 2025 and part only on 1 July 2026, introduces a number of significant modifications. First and foremost, the nomenclature changes – the term ‘EU industrial design’ appears instead of ‘Community designs’. Although this is mainly a formal change, the regulation also introduces modifications of great practical significance.

The new provisions extend design protection to include modern forms of creation, such as digital designs, including graphics, animations or user interfaces, as well as designs for spatial arrangements of elements. The purpose of these changes is to adapt the design protection regime to evolving technologies.

In addition, the regulation takes into account the protection of designs in the context of 3D printing, declaring as infringement not only the copying of physical products, but also digital files enabling their reproduction.

The amendment also introduces a permanent provision on the so-called repair clause, which allows manufacturers and sellers of spare parts to manufacture and sell these parts, even if their appearance is protected by an industrial design.

In addition, it expands the catalogue of permitted uses of designs, including in comparative advertising and for the purposes of commentary, criticism or parody, provided that these activities are compatible with fair trade practices and do not unduly prejudice the normal use of the design. Another change is the higher renewal fees for EU designs, which will take effect from 1 May 2025.

We discussed more details on the above changes and their practical implications in our earlier article available here.

Protection of geographical indications for craft and industrial products

In the European Union, the protection of geographical indications refers to names indicating the origin of a product from a specific region or locality, protecting their quality characteristics, reputation and traditional production methods.

From 1 December 2025, GI protection will be extended to artisanal and industrial products. Until now, the regulations at EU level only covered wines, spirits and agricultural products.

Under the new regulations, for the name of a craft or industrial product to be protected as a geographical indication, it must meet the following conditions:

• originate from a specific place, region or country;
• exhibit qualitative characteristics, a reputation or other distinctive features resulting primarily from its geographical origin;
• at least one stage of production must take place in the defined geographical area.

The products shall be produced entirely by hand, using hand, digital or mechanical tools, provided that manual labour constitutes an essential element of the final product.

Products that could receive such protection include, among others, koniakowska lace (which has already received protection at the Polish Patent Office under Poland’s legislation), Murano glass or Bolesławiec porcelain.

The new regulation simplifies and unifies the system of protection of geographical indications in the EU. Its main objective is to increase the effectiveness of protection, improve transparency and ensure uniform rules in all Member States.

Thanks to the new rules, producers from different regions will gain better tools to protect their products, which are closely linked to a specific geographical area. These changes support the preservation of the unique characteristics and high quality of products and strengthen their position in the market.

With geographical indications, consumers can avoid misleading information and producers can protect their products more effectively against unfair competition.

Are you ready for the upcoming changes?

The upcoming changes to intellectual property law in 2025 are key modifications, which will affect creators and entrepreneurs.

If you have any questions or need legal support – in the area of design registration, geographical indications or protection of rights against unfair competition – please do not hesitate to contact our law firm.