Intellectual property and competition law

We have extensive experience in representing business, in particular from the pharmaceutical sector, in disputes concerning patent law, trademarks, and unfair competition.

In numerous cases, our work resulted in court decisions favourable for DBS clients. We are experienced in representing clients in proceedings involving multiple jurisdictions and have a working network of proven cooperating law firms in other countries.

We also have unique experience in providing legal support to launching new products as well as distribution and promotional campaigns, including agreements on transfer of industrial property rights and license agreements for medicinal products, medical devices, and food supplements.

Our services include:

• • Drafting and reviewing agreements on the transfer of industrial property rights, license agreements, and ‘know-how’ agreements.

  • Product brand protection strategies based on industrial property law and regulations on combating unfair competition and on copyright.

  • Assessment of distribution and marketing campaigns under competition law.

  • Developing and reviewing internal company documentation related to intellectual property protection (contracts with employees and associates responsible for product development, internal rules – regulations, instructions in the scope of protection of developed solutions / know-how).

  • Conducting correspondence at the pre-trial stage (warning letters / cease and desist letters) in the event of an infringement or a threat of infringement of intellectual property rights (including patents and trademarks).

  • Legal representation in disputes in the area of patent law, trademarks, unfair competition, including:

    • 1. litigation conducted before the Patent Office of the Republic of Poland (cases for invalidation of protection right for a trademark, cases for declaration of the expiry of protection right for a trademark, etc.).

      2. preliminary injunction proceedings aimed at obtaining temporary bans and orders, including a ban on the sale, production or import of the product.

      3. in-court proceedings such as declaratory actions or cases for infringement of exclusive rights.

  • Legal representation in disputes in the area of patent law, trademarks, unfair competition, including:

    • 1. examining the legal and patent situation of a medicinal product for the needs of the market access strategy, often in cooperation with a team of patent attorneys.

      2. comprehensive analysis of the possibility of obtaining exclusivity under the provisions of the Pharmaceutical Law, among others, for orphan medicinal products and products for paediatric use.

  • Consulting in the field of industrial property protection within parallel import, including representation in disputes at both pre-trial and court stage.