Intellectual Property

The protection of intellectual property is a crucial aspect of strategic business management. It can be key to achieving success and securing one’s rights in industries not only creative and innovative but also for companies relying on the recognition of their brand and utilizing the results of others’ intellectual work. That is why consultations with experts are recommended at various stages of operations, starting from the design phase of new products or services, all the way through conflict situations or negotiations of licensing agreements. 

The most common issues that clients turn to lawyers specializing in intellectual property include copyright and trademark infringement, piracy and plagiarism, registration and protection of trademarks, disputes related to patent law, and breaches of trade secrets.

We provide our clients with comprehensive legal advice. Our lawyers regularly consult with experts in labour law, commercial law, and capital market law to approach each complex case holistically. In addition, they actively cooperate with patent attorneys, the Patent Office, and the Office of Competition and Consumer Protection.

In our work, we focus on an individualized approach. We strive to understand our clients’ business processes and integrate creative aspects into the development of legal strategies.

We have extensive experience in providing intellectual property law advisory services. We have served various industries, including FMCG, retail, services, IT, manufacturing, industrial, pharmaceutical, and logistics. Our experts demonstrate comprehensive knowledge, successfully conducting training sessions on intellectual property law. During these sessions, our lawyers provide practical guidance aimed at protecting rights to works, programs, or trademarks, and reducing business risk associated with claims from external entities.

Our services can be divided into three key areas from the perspective of intellectual property law.

In the field of copyright law, we provide the following support:

• drafting and verifying licensing agreements, agreements transferring economic copyrights, as well as other agreements used in the trade of copyright and related rights,
• developing and negotiating implementation agreements for computer systems, service agreements, and other agreements concluded by entities in the new technology industry,
• providing opinions and creating expert analyses, opinions, and other documents for the transfer, acquisition, and use of copyright and related rights,
• pursuing claims for non-performance or improper performance of agreements transferring economic copyrights, as well as other agreements used in the trade of copyright and related rights,
• assessing copyright infringements on the Internet and other mass media,
• representing clients before collective management organizations, public administration authorities, and common courts,
• providing comprehensive advice on the possibilities of using tax benefits related to the utilization of intellectual property rights (IP Box).

In the field of personal rights protection, we assist in the following ways:

• providing personal rights protection on the Internet,
• representing clients in relations with the media, taking actions to minimise risk in image crises,
• providing legal advice in the field of personal rights protection in business activities.

In the field of industrial property, we provide the following legal services:

• examining the registrability of trademarks, inventions, utility models, and domain names,
• advising on choosing the optimal form of industrial property protection territorially and financially,
• advising on building a strategy for managing intellectual property in the company,
• creating regulations for the use of intellectual property resulting from company activities,
• valuation of intellectual property in the company and building a strategy for trading intangible rights,
• conducting all proceedings, including registration or contentious proceedings, before the European Union Intellectual Property Office (EUIPO) and the World Intellectual Property Organization (WIPO),
• providing protection of exclusive rights before courts and the Court of Justice of the European Union (CJEU),
• conducting customs proceedings related to intellectual property rights.

Our actions are backed by many years of procedural experience in representing our clients:

• in all registration or dispute proceedings, both before patent offices in the country and abroad,
• before General Courts, including in particular the Court for Competition and Consumer Protection in Warsaw and the Department for European Union Trademarks and Community Designs of the District Court in Warsaw,
• before the Court of Justice of the European Union,
• before the Arbitration Court for Internet Domains at the Polish Chamber of Information Technology and Telecommunications,
• in disputes with collective management organizations.

Furthermore, Sadkowski and Partners specialises in conducting audits related to intellectual property law at clients’ premises. During these audits, we verify the correctness of compliance with applicable regulations and procedures. Based on the conclusions contained in the audit report, we present a comprehensive program for the preparation and implementation of detailed legal solutions aimed at eliminating or significantly reducing the risks identified during the audit.

In case of any doubts related to intellectual property, we encourage you to get in touch with our legal experts, who will assist in understanding the legal complexities and taking effective steps to protect your rights. It is advisable to reach out to experts as early as possible to avoid potential issues associated with intellectual property infringement.