Intellectual Property Theft Online: Criminal Prosecution

Intellectual property theft online is the unauthorised acquisition, copying, distribution, publication, use or disclosure of protected content, software, trade secrets, brands or other intangible business assets through digital channels. In Poland, the term does not describe one separate criminal offence. Criminal liability depends on the type of protected asset, the conduct involved, the offender’s intent and the available digital evidence.

For a business, digital IP theft may lead to lost revenue, disclosure of know-how, weakened market position, disrupted product launches and reputational damage. It may also require immediate technical action to preserve evidence and limit further distribution. Intellectual property protection therefore often combines criminal-law measures, civil claims and internal crisis management.

When can online copyright infringement become a criminal offence in Poland?

Online copyright infringement may concern, for example, films, music, photographs, software, e-books, designs, databases, source code or marketing materials. The most common situations include uploading protected works to websites, sharing files through peer-to-peer networks, operating illegal streaming services, selling copied software keys or distributing copyrighted materials through social media and cloud-storage platforms.

Under Article 116 of the Polish Act on Copyright and Related Rights, a person who disseminates another person’s work without authorisation or contrary to its conditions may be subject to a fine, restriction of liberty or imprisonment for up to two years. Where the conduct is committed for financial gain, the statutory maximum may reach three years. If the offence is committed as part of an organised criminal activity or on a larger scale, the penalty may reach five years’ imprisonment.[1]

Article 117 of the same Act may apply to the unauthorised fixing or reproduction of a work or related-rights object for the purpose of dissemination. Article 115 addresses, among other matters, misappropriation of authorship and misleading others as to the authorship of a work. These provisions are relevant where a person publishes another creator’s content under their own name, removes attribution or falsely presents copied material as original.

Digital IP theft beyond copyright infringement

Not every online infringement concerns copyright. A criminal assessment may also arise where an offender obtains confidential business information, accesses systems without authority or interferes with digital data.

• Trade secrets – unlawful disclosure or use of a trade secret may trigger criminal liability under Article 23 of the Act on Combating Unfair Competition, provided that the statutory conditions are met.[3]
• Unauthorised system access – obtaining access to information without authorisation, including by circumventing security, may fall under Article 267 of the Polish Penal Code.[2]
• Data interference – deleting, altering, damaging or blocking business data may be assessed under Articles 268a or 269a of the Penal Code, depending on the circumstances and the nature of the system affected.[2]
• Fraud involving digital assets – where online conduct involves deception intended to obtain financial benefit, Article 286 of the Penal Code may be relevant.

The legal classification should not be assumed solely because a company describes an incident as “theft.” Polish criminal law distinguishes between theft of property, copyright offences, unauthorised access, data interference and unfair competition. The correct qualification depends on facts, including how the files were obtained, used, transmitted and monetised. More information on the digital-investigation aspect is available in KKZ’s cybercrime practice.

Evidence in criminal prosecution of online piracy and digital IP theft

Digital evidence can disappear quickly. Files may be deleted, accounts closed, hosting moved abroad or access logs overwritten. A rights holder considering criminal prosecution should preserve available information lawfully and without modifying original data.

Useful evidence may include screenshots showing the date and URL, copies of infringing files, metadata, server logs, transaction records, correspondence, licence agreements, source files and evidence confirming ownership of rights. In software and trade-secret cases, forensic analysis may be necessary to compare code, establish file access and identify the route of data exfiltration.

Evidence should also demonstrate the scope of harm. This may include the number of downloads, subscriptions, sales, affected customers, value of licences, costs of remediation and the scale of unauthorised distribution. Such information can influence the criminal assessment and support parallel civil claims, including claims under Article 79 of the Copyright Act.[1]

Three statutory exceptions to copyright infringement

Not every use of protected content is unlawful. The following exceptions must be assessed carefully because they are limited and fact-specific:

1. Private use exception – Article 23 permits the free use of a disseminated work within the scope of personal use. It does not generally authorise public online sharing, commercial exploitation or distribution to an unlimited group of internet users.[1]
2. Quotation right – Article 29 permits quotation of disseminated works to the extent justified by the purposes of explanation, polemic, critical or scientific analysis, teaching or the requirements of creative activity. The quotation must be proportionate and should identify the author and source where possible.[1]
3. Temporary acts of reproduction – Article 23¹ covers certain temporary and incidental reproductions that are integral to a technological process and have no independent economic significance. This exception may apply to technical copies created during lawful transmission or browsing, but not to deliberate piracy.[1]

These exceptions do not create a general right to reuse online content. Their application depends on the purpose, scope, source, method of use and whether the protected work was previously lawfully disseminated.

How criminal proceedings for intellectual property theft in Poland begin

A report of suspected crime may be submitted to the police or public prosecutor. The report should identify the suspected conduct, persons or accounts involved where known, the applicable rights, the evidence available and the business impact. In some cases, the authorities may secure devices, request data from service providers or seek cross-border cooperation.

Criminal proceedings do not replace commercial decision-making. A company may need to pursue takedown requests, preserve client communications, assess contractual obligations and prepare for possible media interest. A coordinated response reduces the risk that evidence is lost or that public statements prejudice an ongoing investigation.

This is informational material, not legal advice. The legal assessment of copyright infringement, piracy or digital IP theft depends on the specific facts and evidence.

For an assessment of suspected online intellectual property offences and available criminal-law steps, it may be useful to consult the matter with a lawyer. Kopeć & Zaborowski (KKZ) can help organise evidence, assess legal risks and discuss possible procedural steps.

FAQ – Intellectual Property Theft Online

Is online piracy a criminal offence in Poland?

It can be. Unauthorised dissemination of copyrighted content may be punishable under Article 116 of the Copyright Act, particularly where it is intentional or conducted for financial gain.[1]

Can downloading copyrighted content lead to criminal liability?

Liability depends on the circumstances. Downloading may fall within private use only where statutory conditions are met. Downloading content from an unlawful source, distributing it further or using it commercially may create legal risk.

What is the penalty for copyright infringement in Poland?

Under Article 116 of the Copyright Act, penalties range from a fine to imprisonment. The maximum penalty may reach five years in aggravated cases, including organised activity or a larger scale of offending.[1]

Can a company report theft of source code to the prosecutor?

Yes. The case may involve copyright provisions, trade-secret protection, unauthorised access to systems or data-interference offences. The appropriate qualification depends on how the code was accessed, copied and used.

Is using a competitor’s online materials always copyright infringement?

No. Some materials may not meet the statutory threshold of a work, rights may belong to another entity, or a permitted-use exception may apply. However, copying substantial creative elements or presenting them as one’s own may create civil and criminal exposure.

What evidence is important in a digital IP theft case?

Important evidence includes original files, proof of ownership, screenshots, URLs, timestamps, access logs, metadata, licence agreements, correspondence and records showing the scale of distribution or financial loss.

Bibliography

• [1] Act of 4 February 1994 on Copyright and Related Rights, consolidated text as amended, in particular Articles 23, 23¹, 29, 79, 115-118.
• [2] Act of 6 June 1997 – Polish Penal Code, consolidated text as amended, in particular Articles 267, 268a, 269a and 286.
• [3] Act of 16 April 1993 on Combating Unfair Competition, consolidated text as amended, in particular Article 23.
• [4] Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.