Advovate

We have extensive experience in handling intellectual property cases, offering effective legal strategies and individually tailored solutions.

As advocates, we represent our clients before intellectual property courts in matters relating to infringement of trademark rights, industrial design rights, patent rights, copyright, personal rights and unfair competition. We also deal with domain name disputes before the Arbitration Court for the Internet Domain Disputes and the WIPO. Our creative approach gives us the edge in identifying new solutions and trailblazing strategies to effectively protect our clients’ rights.

We also offer assistance in cases before the Polish Patent Office, the European Union Intellectual Property Office (EUIPO) concerning oppositions and invalidation of intellectual property rights, as well as in proceedings before the Office of Competition and Consumer Protection (UOKIK) and the National Broadcasting Council (KRRiT).

With our background in acting before the EU courts, we represent clients in trademark and industrial design cases, playing a part in shaping the law at the European level.

Our assistance also consists of negotiations and mediations, offering representation in cases where there is a potential for an amicable settlement. We draw up and negotiate contracts related to the protection of personal rights and image, as well as agreements for the licensing and transfer of rights.

Our offer also covers comprehensive customs and criminal law protection for your intellectual property rights. We cooperate with customs and law enforcement authorities and agencies, help enforce counterfeit claims, and represent clients before the relevant institutions.

I. Litigation

Our litigation practice covers all aspects of intellectual property, including:

  • patent disputes in all fields, including pharmaceuticals and biotechnology
  • disputes concerning trademarks and unregistered designations
  • industrial design disputes
  • copyright disputes
  • unfair competition disputes, including brand passing-off and product imitation
  • unfair advertising and trade secret disputes
  • internet domain and internet infringement disputes

We represent clients in court proceedings ranging from participation in complex, multi-jurisdictional pharmaceutical cases to disputes involving industry leaders, as well as licensing and copyright disputes.

Our clients are active in all sectors, from biotechnology, pharmaceuticals and beauty to the furniture, interior design, entertainment and food industries.

Our goal is to align our litigation strategy with our clients’ business objectives. We offer our experience in all phases of litigation involving intellectual property rights infringement. We specialize in developing an overall strategy for both intellectual property right owners and potential infringers, seeking protection and defense in injunction proceedings, obtaining information by means of information disclosure requests , and applications to secure evidence.

Our advocates represent clients before courts at all instances, including in pre-trial proceedings, by:

  • conducting pre-trial negotiations
  • developing litigation strategies for holders of the rights
  • preparing defense litigation strategies for those suspected of committing IP infringement: launch at risk, defense pack
  • preparing protective writs
  • representation in proceedings for the granting of injunctions
  • representation in proceedings to secure evidence and obtain information
  • cooperation with technical experts
  • issuing opinions on the risk of infringement
  • conducting enforcement proceedings
  • participation in mediations and negotiations
  • drafting settlements and procedural agreements
  • cooperation with detective agencies and business intelligence agencies
  • cooperation with detective agencies and business intelligence agencies

II. Disputes before the Polish Patent Office, EUIPO, administrative courts and Courts of the European Union

Intellectual property rights are the foundation for the development of innovative ventures. Protecting these rights, although crucial, is not confined to obtaining them. It is necessary to continue monitoring the market and the activities of competitors in order to prevent situations where your competitor applies for protection of a conflicting right or starts to use a sign or solution that establishes a monopoly of prior rights. In such cases, it is possible to assert your rights in order to eliminate an unjustly granted right or to counteract unfair market activities.

We apply our experience in disputes at European level to represent clients in contentious proceedings before the General Court of the European Union and draw up complaints for submission to the Court of Justice of the European Union.

In the industrial property rights disputes, our attorneys represent clients:

  • before the Polish Patent Office in cases concerning invalidation of exclusive rights, such as patents, protection rights for utility models, supplementary protection certificates (SPC), industrial designs, trademarks and geographical indications
  • before the European Patent Office (EPO) in cases concerning invalidation of European patents
  • in cases concerning invalidation of EU trademarks and industrial designs before the European Union Intellectual Property Office (EUIPO)
  • in cases concerning revocation of the protection right to a trademark before the Polish Patent Office and EUIPO
  • before administrative courts
  • before the General Courts of the European Union in cases concerning trademarks and community industrial designs

III. Domain name disputes (cybersquatting, typosquatting) in the Arbitration Court for Internet Domains at NASK, the Arbitration Court in Prague and the WIPO Arbitration and Mediation Center

The internet domain under which a website operates is a basic element of identification in the digital world, and in some industries, such as e-commerce, it is a key element of its operation. However, registering a domain does not mean that this way you obtain the right to a given designation. Domain registrars are not obliged to check whether the domain they offer infringes the rights of third parties. Domain registration is on a first-come, first-served basis, which can lead to naming conflicts or domain parasitism – cybersquatting or typosquatting.

It is worth bearing in mind that not every designation used in an internet domain will allow you to obtain a monopoly on its use and prohibit other entities from using it. A domain can be protected based on a trademark (that is why its registration is so important), the law on unfair competition or personal rights.

Depending on the type of domain, national .pl, regional .eu or global .com, domain disputes can be decided before different authorities and according to different procedures. A domain case can also end up in a common court and be conducted like any other IP infringement case. Our experience allows us to effectively protect our clients’ interests in each of the above-mentioned proceedings.

Our services in the field of internet domains include:

  • case analysis and providing opinions on disputes related to national (including .pl), regional and global domains
  • obtaining data of internet domain subscribers
  • warning letters and cease and desist letters
  • submission of requests for arbitration
  • conducting cases before the Arbitration Court for the Internet Domain Disputes at NASK [the Scientific and Academic Computer Network], the Arbitration Court at KIG [the National Chamber of Commerce], and the WIPO
  • disputes before common courts, including motions for injunctions (e.g. domain name redirection)
  • representation before common courts in cases for recognition of an arbitration award and in cases where a complaint was filed for the revocation of an arbitration award.

IV. Representation in mediations and negotiations regarding IP infringement and in IP transactions

Mediation and negotiation are effective tools for resolving intellectual property disputes and closing IP transactions. Many intellectual property disputes can be resolved through mediation or negotiation before going to court. Mediation and negotiation are faster and less expensive methods of resolving disputes compared to court proceedings. By leveraging our experience and legal knowledge, we offer comprehensive assistance in these processes, helping our clients avoid costly and time-consuming court proceedings.

Transactions involving intellectual property rights, such as licensing, sales or technology transfer, require careful negotiation of terms and conditions. Our law firm provides assistance in negotiating IP-related contracts, ensuring that our clients’ interests are adequately protected and securing all legal aspects of the transaction. We help you draft contracts, negotiate terms and conditions, and ensure that the rights and obligations of the parties are clearly defined and protected.

If you need support in mediations or negotiations related to intellectual property rights, the easiest way is to contact us. We will help you find the best solution.

Our services in the field of mediation and negotiation:

  • mediation in case of IP infringement
  • negotiations in case of IP transactions
  • dispute resolution before initiation of court proceedings

V. Criminal lawprotection of intellectual property against counterfeiting and piracy

Popularity and market success of trademarks increase the risk of counterfeiting. This problem is by no means limited to luxury and well-known brands. Even a single instance of product imitation can lead to a loss of consumer confidence and pose a serious threat to the reputation of your trademarks and enterprise.

Trademark owners can take strategic and effective steps to address this issue and prevent infringing products from entering the market. Cooperation with law enforcement and customs authorities, as well as the implementation of infringement monitoring, can effectively help with relevant protection.

Works and derivative works are also subject to criminal law protection, which implies that product and packaging design can also be covered. Criminal action against the entities committing piracy and counterfeiting improves the chances of rights enforcement and helps save money in the long run.

Our services:

  • communication with law enforcement agencies in the process of initiating and conducting the proceedings
  • filing notifications on suspected criminal offenses and requests for prosecution
  • conducting proceedings in criminal courts
  • enforcement of judgments and decisions
  • conducting training for law enforcement authorities regarding brand presentation and identification of cases of infringement
  • cooperating with detective agencies to detect counterfeits and identify suspected persons

VI. Customs protection of intellectual property

The use of customs protection tools by IP owners allows customs authorities to detain and suspend the release of goods that cross borders or to block goods suspected of being illegal and to inform the right holder of that fact. Within the available procedures, it is possible to destroy such goods or to launch proceedings against the infringer.

Our services:

  • preparation and submission of requests for customs protection at the border
  • coordination and verification of detained goods and handling of the process of their detention and destruction
  • cooperation with the customs services
  • preparation of requests for the destruction of goods
  • negotiations with importers of counterfeit goods.

VII. Brand protection on the internet

Dedicated mechanisms for IP complaints about counterfeits sold online and IP rights holders’ participation in sales platform programs are an essential part of enforcing your rights to remove counterfeit products from the market.

Our services:

  • requests for IP rights holders’ to participate in the programs on rights protection on digital platforms
  • filing complaints and notifications of rights violations on the internet
  • handling the notification process
  • negotiations with entities offering illegal goods

VIII. Combating unfair competition on grounds of similarity and product passing-off

Our offer covers legal assistance in combating unfair competition. We help entrepreneurs counteract practices, such as passing off as well-known brands, by using misleading names, logos or colors, imitating products by copying the appearance of packaging and design, spreading false information suggesting the origin of products from reputable manufacturers, and unfairly using the image of others in marketing campaigns. Our comprehensive legal measures are aimed at securing the client’s market position, protecting product reputation and preventing financial losses resulting from unfair competitive practices.

XIII. Combating unfair advertising

Our legal assistance also covers the area of combating unfair advertising. Our activities focus on eliminating various forms of unfair advertising, such as misleading advertising through the dissemination of inaccurate or false information, unfair comparisons with competitors based on a misleading presentation of products, unauthorized reference to a brand suggesting cooperation without proper authorization or a consent, and actions aimed at undermining the company’s good name and reputation through the dissemination of false information. We understand how crucial it is to counteract practices that can expose the company to financial losses and loss of customer confidence.