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Intellectual property and competition protection

Marszałek & Partners – Advocates provides comprehensive legal advice in the fields of competition law, intellectual property, and the protection of innovation. We combine extensive experience in regulatory proceedings and commercial disputes with a thorough understanding of our clients’ business environment, supporting companies at every stage of their operations.

Competition law constitutes one of the core areas of our practice. We advise businesses on compliance with both Polish and European Union competition law, helping Clients identify, assess, and mitigate antitrust risks arising from their commercial activities. We analyse agreements concluded between undertakings to ensure compliance with competition rules, assess the legality of horizontal and vertical cooperation arrangements, and advise on distribution systems, commercial cooperation, information exchanges, and other business practices that may be subject to scrutiny by competition authorities.

Our Team have substantial experience in matters concerning anti-competitive agreements, abuse of dominant position, and cartel investigations. We represent clients in proceedings before the President of the Polish Office of Competition and Consumer Protection (UOKiK), the Polish courts, and, where appropriate, in matters involving the application of European Union competition law. We also assist Clients during dawn raids and inspections conducted by competition authorities and develop antitrust compliance programmes designed to minimise regulatory risk and ensure ongoing compliance.

Intellectual property law represents the second pillar of our practice. We provide comprehensive legal support in the protection, management, and commercialisation of intellectual property rights, covering copyright, industrial property, media law, and the protection of intangible business assets. Our objective is to support Clients maximise the commercial value of their intellectual property while ensuring effective legal protection.

We advise on the protection of trademarks, industrial designs, utility models, patents, know-how, and trade secrets. Working closely with registered Polish patent attorneys, we provide end-to-end legal assistance in obtaining, maintaining, and enforcing intellectual property rights. We represent Clients before the Polish Patent Office and EUiPO and support them in both domestic and international registration proceedings.

A significant part of our practice involves preparing, negotiating, and reviewing agreements relating to intellectual property rights. We draft and negotiate licence agreements, copyright assignment agreements, technology transfer agreements, know-how agreements, and other contracts governing the creation, use, protection, and commercial exploitation of intellectual property assets. We also advise on research and development collaborations and the commercialisation of innovative technologies.

Our lawyers also possess extensive experience in advising on European Union law relating to State aid. We support Clients in projects involving the granting or obtaining of State aid, particularly those concerning research and development, innovation, advanced technologies, and strategic investment projects. We provide comprehensive legal assistance throughout the entire lifecycle of such projects—from structuring and regulatory assessment to implementation and compliance.