Special protection of international exhibitions organized in Poland.

October 14, 2015
Szymon Gajda

If you are planning to organize an exhibition next year in Poland, it might be reasonable for you to apply for special legal protection of exhibits. I strongly recommend you such an application if you are going to cooperate with a private entity or local government institution. It may give you serious advantage in any kind of dispute with your partner.

Since 30th November 2015, it will be possible to submit to Ministry of Culture and National Heritage an application to cover a movable item with protection which will defend your property from any kind of civil, administrative or even to some extent criminal legal actions aimed on sit’s seizure.

The protection will be temporal and shall last no longer then twelve months. There must be also several conditions to be fulfilled such as public interest in granting protection, the exhibit must have foreign origin, and it wasn’t taken away from territory of Poland in result of any kind of illegal activity.

The application should be submitted six months before planned exhibition, on special form that will be available on line on public information bulletin                                                           (http://www.mkidn.gov.pl/pages/the-ministry-of-culture-and-national-heritage.php?lang=EN ). Taking exhibit in and away on polish territory must be notified to ministry.

It is worth to mention, that decision to grant protection depends to significant extend on administrative approval of Ministry. Besides requirement of public interest mentioned above which implies such an approval, there is also a requirement that organisation of exhibition without granting the protection would be impossible or would result with non proportional costs of exhibits presentation in comparison to general costs of exhibition.

In the process of issuing a decision in above described matter, Ministry will have to put under administrative scrutiny not only budget of the event, but also all circumstances why protection in this particular case is necessary, including all potential disputes, debt collection procedures and others.

Although it is not explicitly stated in a new regulation, however it is quite obvious that Ministry will issue administrative decision granting or denying protection. This gives possibility to challenge such a conclusion to administrative court in Warsaw.