We provide a full legal service with respect to the registration process of trademarks under national (UPRP), Community (OHIM) and international (WIPO) systems. Law Office KONDRAT & Partners provides a comprehensive legal-patent service with respect to industrial property as well as pharmaceutical and life science law:
Our Office has unparalleled experience in pharmaceutical and life science law, and our team includes the co-authors of the first commentary to the Polish Pharmaceutical Act.
We offer comprehensive advice on matters relating to pharmaceutical law, such as the advertising and promotion of drugs; advertising of pharmacies; clinical research; the registration, distribution and parallel importation of medicinal products, the reimbursement of medicines, medical devices and foods for special medical purposes, wholesale and retail trading and other issues relevant to the pharmaceutical industry. We advise Clients on the requirements which must be met by businesses operating on the pharmaceutical market.
We have unique experience in matters that combine pharmaceutical and patent issues (registration data exclusivity, pharmaceutical patents, SPC). We’ve represented Clients in a number of infringement proceedings concerning pharmaceutical patents, which are among the most demanding when it comes to patent litigation.
We also specialize in preparing and evaluating contracts in the field of pharmaceutical law, such as licence agreements, IP rights transfer agreements, distribution agreements, framework sale and purchase agreements, factoring agreements.
We provide professional advice and respond to new legal needs of producers in respect of issues related to food law.
We represent Clients in proceedings before authorities responsible for foodstuffs regulation, i.e. the Chief Sanitary Inspector and other supervisory institutions.
We advise Clients on issues related to dietary supplements, foods for special nutritional purposes, foods for special medical purposes, the proper labelling of food products, health declarations and nutritional claims, food advertisements, and the appropriate qualification of food products (borderline products).
As part of our practice, we advise Clients on legal issues relating to medical devices. We have participated in a number of projects concerned with placing on the market, distribution and advertising of medical devices. We have evaluated the Polish regulations’ compliance with Community law, and analysed the impact of the new Medical Devices Act of 2010 on the obligations of market participants. We assist Clients with issues related to labelling, compliance with essential requirements and placing on the market of medical devices, including applications and notifications to the Office for the Registration of Medicinal Products, Medical Devices and Biocidal Products.
BORDERLINE PRODUCTS AND COSMETICS
We have extensive experience with cosmetic law. We provide assistance in matters relating to placing on the market, proper labelling and advertising of cosmetic products. We help our Clients with the appropriate qualification of borderline products.
HEALTH CARE / MEDICAL LAW
The Office has many years of experience with issues relating to reimbursement of medicinal products, foods for special nutritional purposes and medical devices. We help our Clients with preparing reimbursement applications and provide legal assistance in proceedings before the regulatory authorities. In addition, the Office represents Clients in appeal cases heard by the Regional Administrative Court, when the authorities refuse to reimburse their products.
We represent Clients in all types of cases relating to trademark rights enforcement, in particular in infringement lawsuits. We have extensive experience in the field of non-standard trademarks, including colour trademarks or trademarks protecting either the external form of the product or its packaging.
We provide strategic advice so our Clients can choose the best methods of protecting their brands. After deciding on the best course of action, we perform trademark searches, conduct due diligence research with respect to intellectual property, and provide comprehensive legal assistance in registering trademarks in the national (UPRP), community (OHIM) and international (WIPO) systems. By cooperating with foreign legal offices, we are able to register trademarks throughout the world.
In order to effectively protect our Clients’ trademark portfolio, we provide trademark watching services, monitor the registrations of similar marks, and provide our Clients with periodical safety reports.
Moreover, our team has many years of experience in valuating trademarks, designs, technologies, and other objects of intellectual property. The Office valuates brands and products as well as companies.
Patent disputes are notoriously complicated matters – in order to effectively pursue a case, not only a deep understanding of procedural and substantive law, but also extensive technical knowledge is required.
Thanks to our experienced team of lawyers and patent attorneys, specialists in the fields of chemistry and technology, we are able to provide effective protection to our customers in each of these three complementary planes. We’ve represented Clients in a number of infringement proceedings concerning pharmaceutical patents, which are among the most demanding when it comes to patent litigation.
Our patent attorneys (having legal as well as technical and chemistry education) also provide comprehensive patent services. We prepare all the necessary documentation required when applying for a patent in the Polish Patent Office, the European Patent Office (EPO) or abroad. We perform validations of European patents in Poland, and conduct patentability searches. Kondrat & Partners co-operates with experienced patent offices around the world, with the help of which we monitor both the application proceedings and the deadlines for paying patent protection fees.
We also specialize in intellectual property valuation, particularly patent valuation. We evaluate patents and technological solutions in fields such as medicine, electronics, construction.
Ensuring that the external form of their products and their packaging are effectively protected, we help our Clients achieve and maintain their market position. In order to fully protect our Clients’ brands and ideas, we take an approach encompassing not only industrial designs, but also non-standard trademarks and copyrights.
As part of our industrial designs practice, we conduct design registrability research, prepare and file industrial design applications with the Polish Patent Office, the Office for Harmonisation in the Internal Market (OHIM), as well as applications under the Hague Agreement, and represent Clients in the registration procedure.
After obtaining an industrial design, we represent Clients in all types of matters relating to the enforcement of their rights, using our experience in both Polish and Community law.
A growing part of our Clients' business is conducted via the Internet and requires heavy IT support.
In terms of litigation, we represent our Clients in proceedings concerned with new technologies, with particular emphasis on the issue of copyright and intellectual property infringement on the Internet. We conduct cybersquatting and protection of Internet domain names cases before the Arbitration Court of the Chamber of Commerce of the Czech Republic - the dispute resolution provider for .eu domains, and the Arbitration Court of the Polish IT and Telecommunications Chamber - in disputes concerning .eu and .pl domains.
Not all assets may be protected by exclusive rights. At the same time it is often that these very assets, not protected by trademarks, patents or industrial designs, are of crucial importance to our Clients.
In order to properly protect the interests of our Clients in this regard, we have extensive knowledge and rich experience in the field of combating unfair competition, in particular with regard to misleading product markings, brand names, marketing activities, misleading advertising, advertising contrary to good practices, unfair comparative advertising, product placement. We have represented many of our Clients in unfair competition cases, both before common and arbitration courts.
We also ensure that the activities of our Clients are in line with the principles of competition law, and help develop effective strategies to protect their trade secrets.
Copyright, as a field of intellectual property rights, remains in the Office’s core area of activity.
We provide comprehensive services in the area of copyright law to entrepreneurs as well as other entities, including advertising agencies and artists. In particular, we prepare and evaluate copyright transfer agreements, licensing agreements, agreements on the conduct of joint research work or merchandising contracts.
We represent our Clients in proceedings relating to copyright infringement and violations of the author’s personal rights, both before common and arbitration courts.
PERSONAL DATA PROTECTION
Protection of personal data is closely related to the Office’s other areas of specialization. Our lawyers have extensive experience in helping businesses from personal-data-intensive industries, which allows us to effectively meet the needs of our Clients arising from provisions of national law and Community law.
As part of its services, the Office provides Clients with comprehensive solutions adapting their legal and organizational frameworks to the requirements of applicable provisions of data protection law. We also support our Clients with legal assistance in implementing new projects.
We provide the necessary advice at every stage of data processing – we prepare personal data collection forms, verify the content of declarations, representations and contractual clauses used by the Clients, prepare and negotiate contracts concerning processing of personal data.
We represent Clients before the Inspector General for Personal Data Protection in both notification procedures and complaint proceedings, as well as during inspections carried out by the Inspector General.
We represent Clients in court proceedings, in particular in the Office’s core areas of activity, such as industrial property, unfair competition, pharmaceutical law and copyright law.
We also represent our Clients before arbitration courts, in particular before the Arbitration Court of the Chamber of Commerce of the Czech Republic and the Arbitration Court of the Polish IT and Telecommunications Chamber in cases where the registration of an internet domain violates the rights of third parties (cybersquatting, typo-squatting and domain piracy).
As part of our services we prepare and evaluate contracts functioning at both national and international levels, including licence agreements, IP rights transfer agreements, distribution agreements, framework sale and purchase agreements, factoring agreements, joint venture agreements.
Moreover, we advise Clients in choosing the optimal contractual solutions and conduct contract negotiations. Our experience, resulting from preparing and reviewing hundreds of contracts, allows us to offer our Clients the best solutions and minimise the risks arising from their contracts.
COMMERCIAL TRANSACTIONS, MERGERS AND ACQUISITIONS
We provide legal advice in connection with commercial transactions, in particular on the pharmaceutical market. We also assist companies in carrying out mergers, acquisitions and restructuring. Our services include, in particular, the creation of acquisition strategies, conducting due diligence audits, representing Clients in negotiations with financial institutions, drawing up merger or restructuring plans, preparing documentation necessary for the process of acquiring companies and other entities, providing advice in the process of negotiating investment agreements, drafting corporate documents, implementing new corporate governance.
COMPREHENSIVE SUPPORT OF COMPANIES AND BUSINESS PROJECTS
We provide comprehensive corporate services for companies, foundations and associations – covering the implementation of corporate governance, comprehensive analysis of the business including registrar matters, changes to contracts and statutes, human employee issues and other corporate issues. We prepare and evaluate contracts associated with our Clients’ businesses, and provide labour law services.
Our services include in particular preparing detailed action plans and timetables, preparing alternative legal and business solutions, identifying and estimating legal risks, coordinating actions taken by the Client's employees, as well as conducting training courses, conducting due diligence audits, preparing and conducting tender or bidding procedures, also within the framework of public procurement, representing Clients in commercial relations and negotiations with project investors, business partners, insurers and other financial institutions, support with preparing and archiving documentation on the implementation of the project.
We represent Clients in administrative proceedings before various public authorities, in particular before the Office for the Registration of Medicinal Products, Medical Devices and Biocidal Products, the Chief Pharmaceutical Inspector, Chief Sanitary Inspector, Voivodship Pharmaceutical Inspectorates, the Health Minister with respect to state reimbursement, and before the Polish Patent Office and the European Patent Office with regard to matters relating to intellectual property.