Intellectual Property

Legal advisory in respect of the protection of copyrights, related rights, trademarks, industrial designs, patents, know-how and trade secrets

Intellectual property is one of the most valuable assets of enterprises

The essence of some business activities is to create or use intellectual property, such as inventions, utility models, industrial designs, trademarks, copyrightable works, know-how or databases. Appropriate protection of intellectual property owned or used allows to gain competition advantage, become recognizable, build reliability and reputation.

Issues relating to intellectual property comprise various business sectors. We take up matters relating to architectural projects, the contents of webpages, computer software for using avatars, graphic elements of trademarks, or the shape of packaging. We also negotiate non-standard agreements, such as stadium sponsoring, providing voices or images for computer games, or the use of a car for promoting computer games. We also analyse the manner and scope of acquiring rights to intellectual property developed by start-ups, created under co-financing with EU funds, or created as part of an academic consortium.

Protection of intellectual property

Trademarks

  • Verifying the availability of trademarks for registration.
  • Registration of trademarks and designs in Polish, EU and foreign patent offices.
  • Analysing infringements of industrial property with regard to counterfeited goods, including identifying, securing, and evaluating evidence for litigation purposes.
  • Establishing customs protection against counterfeited goods brought from abroad.
  • Conducting litigation in matters related to industrial property, including trademarks, designs and patents.
  • Support in legal issues connected with the transfer of industrial property rights.
  • Drawing up and negotiating licence agreements for using industrial property.

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Copyrights, related rights, rights to databases

  • Preparing and negotiating agreements on the transfer of economic copyrights (including rights to computer software) and related rights.
  • Verifying the effectiveness of the transfer of copyrights to works.
  • Analysis of the scope (including duration) of copyright protection.
  • Legal advisory relating to obtaining and granting licences to use pieces of work and databases.
  • Verifying the scope of rights to databases.
  • Preparing and negotiating agreements to use a person’s image.
  • Evaluating the infringement of copyrights and the right to databases.
  • Conducting litigation in matters relating to the violation of copyrights, related rights and rights to databases.

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New information technologies

  • Preparing and negotiating agreements on the supply, implementation and servicing of IT systems. 
  • Preparing and giving opinions about licence agreements relating to the transfer of copyrights to computer software.
  • Advisory on the use of open source software in IT projects.
  • Preparing and evaluating rules and regulations for services provided electronically, taking into account banned clauses.
  • Support in respect of examining the responsibilities of internet service providers with regard to contents posted in online services and platforms.
  • Handling disputes (also before courts of arbitration) regarding Web domains.
  • Legal advisory in respect of data protection when implementing new online services and applying cookies.

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Press law and media law

  • Preparing and negotiating agreements with public institutions which make their collections accessible for preparing audio-visual works.
  • Preparing film production and co-production agreements.
  • Legal support in preparing agreements on using input in audio-visual works (in respect of scripts, music, stage sets and direction) for film producers.
  • Negotiating the terms and conditions of contracts for using works in audio-visual activities with organizations for the collective management of copyrights and related rights.
  • Legal support in preparing and conducting advertising campaigns, also in respect of purchasing copyrights and evaluating the admissibility of advertising products which are subject to restrictions in advertising (such as alcohol).
  • Conducting litigation in respect of the violation of rights in the mass media.
  • Registration of press titles.
  • Analysis of the need to register a webpage (platform, online service) as a press title.
  • Preparing corrections of untrue or inaccurate press announcements.

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Personal data

  • Evaluating compliance with personal data regulations (due diligence).
  • Legal support in implementing new projects in the context of personal data regulations.
  • Preparing documentation and forms of consent for processing personal data.
  • Conducting proceedings before the General Personal Data Protection Inspector, including legal support during inspections carried out by this authority.
  • Preparing and reporting collections of data files, applications for the interpretation of personal data protection regulations.
  • Preparing and negotiating agreements on entrusting the processing of personal data to other entities.
  • Legal advisory relating to ensuring the legal basis for transferring personal data outside the European Economic Area.
  • Legal support in respect of personal data processing in online services and applications for mobile devices.

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Contact us

Gerard Karp

PwC Legal Partner, Head of TMT/IP and Data Protection, Advocate

Tel: +48 502 184 707

Dagmara Jaskulak

Counsel, Attorney-at-law

Tel: +48 519 506 525

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