How can intellectual property and designs that have already been presented to the public, for example at trade fairs, be protected? All you need to do is exercise your exhibition priority right. This mechanism allows you to file an application for such a design at a later date without affecting its novelty. Let’s see how it works in practice.
Protecting intellectual property without giving up trade fairs
In recent years, the exhibition and trade fair industry has experienced highly dynamic growth. New events are constantly emerging and, most importantly, well-established events continue to take place. The most popular of these focus on new technologies, agriculture, the defence industry, construction, packaging, and the food sector. These events provide the perfect opportunity to showcase the latest products and solutions that have never been displayed before.
Unfortunately, many people who develop new designs are unaware that showing a design to the public may prevent them from subsequently obtaining protection for it from the Polish Patent Office. In such cases, the design may be deemed to lack novelty – a requirement for registration.
However, there is an exception to this rule that may help in such situations.
Exhibition priority
If a design is publicly displayed for the first time at an official exhibition (e.g. a trade fair or international exhibition), the applicant can claim priority. This means that, despite the design having been already disclosed, filing an application with the Patent Office within a specified timeframe will be treated as if it had taken place on the date of the exhibition.
But can this apply to any event?
This privilege only applies to exhibitions listed by the President of the Polish Patent Office via an announcement in the official gazette, Monitor Polski.
Importantly, the exhibition must be credible and have an established reputation and long tradition. To be included on such a list, an organiser must have run the exhibition for at least 5 years, with no more than a 2-year gap between editions and with the number of exhibitors being at least 50.
The 2025 calendar of ‘certified’ exhibitions includes the following:
- DREMA – International Trade Fair of Machines, Tools and Components for the Wood and Furniture Industries
- POLAGRA – Food – Horeca – Foodtech
- POLECO – International Environmental Protection Fair
- POZNAŃ GAME ARENA (PGA) – Entertainment and Multimedia Fair
It is also worth bearing in mind that there will be several more events before the end of the year at which the right of priority can be exercised. These include:
- Targi Rękodzieło i Przedmioty Artystyczne (Handicrafts and Artistic Objects Fair)
- CAVALIADA POZNAŃ: Equestrian Equipment and Accessories Fair
The application for a design claiming exhibition priority must be filed within 6 months of the date of the first public display at the exhibition.
Summary
The exhibition priority exception is undoubtedly a concession by the legislature towards entrepreneurs who want to protect their designs.
Thanks to this exception, they can preserve the novelty of their designs despite prior disclosure. It also enables them to prepare their application without haste and facilitates the protection of designs presented at trade fairs, shows or exhibitions.
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