Traple Konarski Podrecki & Partners
Europe Guide 2024
About
Managing Partners: Xawery Konarski, Paweł Podrecki
Number of partners: 12 Number of lawyers: 65
Languages: Polish, English, German, French
Firm Overview
The Traple Konarski Podrecki & Partners law office is one of the leading law firms on the Polish market in its areas of practice. The firm’s lawyers have been carefully selected on the basis of their knowledge of law, practical skills, fluency in foreign languages and vocational experience gained during apprenticeships and fellowships abroad. Many of the firm’s lawyers are considered leading experts in their respective fields in Poland. The firm often represents clients in court litigation and in administrative proceedings, combining experience in procedural law with deep understanding of the legal and factual issues relevant for the particular case. Apart from representing given clients, the firm – while serving chamber of commerce - also represents whole sectors (ie. FinTech, IT&telco, insurance and Internet). The firm’s lawyers have produced numerous publications, including books and monographs concerning civil, intellectual property, internet, advertising and pharmaceutical law.
Main Areas of Practice
- Advertising & Promotion
- Commercial & Company
- Competition
- Data Protection, GDPR
- Dispute Resolution & Arbitration
- E-Commerce
- FinTech
- Intellectual Property
- IT
- Life Sciences
- Public Procurement
- R&D
- Real Estate
- Technologies Media Telecommunications
Intellectual Property: The firm’s services in the field of intellectual property include in particular:
■ Comprehensive legal assistance and representation in copyright matters, including enforcing copyright before courts
■ Drawing up agreements for use of works for producers, publishers, and cultural institutions
■ Advising entities running digital platforms and providing subscription movie channels
■ Advising and representing Polish and foreign organisations for the collective administration of copyright and related rights
■ Drafting agreements dealing with a full range of issues relating to the production of audiovisual programmes
The legal assistance the firm provides with respect to industrial property focuses on redress against IP infringements (patent and trademark rights, domain names), representation before the Polish Patent Office and OHIM in disputes concerning invalidation of exclusive rights, and drafting assignment, licensing, know-how and research and development agreements. In collaboration with patent attorneys the firm also renders intellectual property services, providing representation before the Polish Patent Office, OHIM and European Patent Office in Munich.
Contacts: Paweł Podrecki, Anna Sokołowska-Ławniczak
Technologies Media & Telecommunications: The firms TMT practice group is one of the most experienced in Poland, and constantly advises a large number of Polish and foreign entities operating in the sector. At the moment the firm serves more than 50 TMT clients, some of them not only in Poland but – the through CEE Legal HUB – also in 20 CEE jurisdictions.The legal services the firm provides in this area are focused on five main fields:
■ Telecommunications, radio and television broadcasting
■ E-commerce
■ Internet law
■ Intellectual property and new technologies (e.g. VoD platforms)
■ E-government
■ cybersecurity
Contact: Xawery Konarski, Agnieszka Wachowska, Piotr Wasilewski
IT: The firm provides comprehensive advisory services relating to agreements for production and implementation of custom-made IT systems as well as standard systems adapted according to the needs of specific clients. The firm draws up agreements for creation of system specifications, performance of pre-implementation analyses, production and implementation of an IT system and maintenance services (guarantee and post-guarantee). In the field of IT law, our service include: ■ Audits of the legality of software
■ Assistance with IT contracts negotiation (in all models of software distribution)
■ Handling disputes in the IT industry
■ Ensuring effective protection of IT systems and their components
■ Implementation of a system for tax deduction of 50% of the cost of revenue in IT companies
Contacts: Xawery Konarski, Agnieszka Wachowska
Data Protection, GDPR: Protection of information, including personal data, has for many years been one of the leading areas of interest for the firm and at the moment the firm serves on a permanent basis more than 60 controllers. The firm has extensive experience in proceedings conducted by the President of the Personal Data Protection Office and in proceedings before administrative courts, including the Supreme Administrative Court. The firm also actively participates in legislative works on new regulations concerning personal data protection, including adaptation of Polish laws to the General Data Protection Regulation (GDPR).
Contacts: Xawery Konarski, Grzegorz Sibiga
Competition: The firm provides clients with a whole range of services in this regard, including representation in litigation proceedings, legal assistance and advice in negotiations, and representation in proceedings before the Chairman of the Office for Competition and Consumer Protection and the European Commission. The competition practice group provides above all the following services:
■ Legal analysis of sales networks in respect of their compliance with competition rules
■ Legal advice on the principles of franchise activities
■ Legal analysis of partnership agreements in respect of their compliance with competition law
■ Cases of abuse of dominant position
■ Preparation of corporate mergers and acquisitions
The firm has extensive experience in unfair competition issues, including advertising and protection of business secrets.
Contacts: Paweł Podrecki, Tomasz Targosz
Financial Institutions & Payment Services (FinTech): Financial institutions and payment services (FinTech) is one of the key expertise areas of the firm, both with regard to the relations between financial institutions and supervisory authorities and between institutions and their clients (consumer), as well as outsourcing partners. The range allows the firm to offer legal assistance to:
■ Banks, crediting institutions
■ Clearing agents, acquirers
■ Providers of payment services, in particular payment institutions and payment services offices
■ Payment schemes
■ Mobile payment providers
■ Agents of financial institutions (outsourcing partners)
■ Service providers in the area of money transfers and bill payments
■ Insurance companies and reinsurance companies
Contacts: Xawery Konarski, Jan Byrski
Dispute Resolution & Arbitration: The firm’s legal team handles all aspects of court litigation and arbitration proceedings. In particular, the firm represents clients in disputes concerning:
■ Intellectual property, in particularly copyright, patent and trademark infringements
■ Unfair competition
■ General and commercial contract, tort law and real estate
■ Press law, including cases concerning the protection of personal interests
■ Antitrust matters
■ Administrative matters, including disputes before administrative courts concerning investment processes
■ Criminal proceedings, in particular involving copyright and industrial property
■ Labour matters
Contacts: Paweł Podrecki, Beata Matusiewicz-Kulig
Ranked Offices
Provided by Traple Konarski Podrecki & Partners
- KrakówUl Krolowej Jadwigi 170, Kraków, Lesser Poland, Poland, 30-212
- Web: www.traple.pl
- Tel: +48 12 426 05 30
- Fax: +48 12 426 05 40
- View ranked office
Traple Konarski Podrecki & Partners rankings
Articles, highlights and press releases
67 items provided by Traple Konarski Podrecki & Partners
IP INSIGHTS - Labelling of spirit drinks
The objective of food law is to protect the interests of consumers. Its provisions serve as a basis for consumers to make informed choices with regard to the food they consume, particularly by countering unfair practices, including food adulteration, and any practices that may mislead the consumer.
IP INSIGHTS - Health claims II
In the latest IP Insights, we continue the theme of health claims on food and other product packaging. Find out what else is behind the labels!
IP INSIGHTS - Geographical indications of spirit drinks
In this week's IP Insights, we continue to look specifically at the labelling and protection of spirits as geographical indications. See how specific types of spirits can be protected and what the penalties are for counterfeiting.
We all, or at least most of us, want to eat healthy. The only problem is when it is possible to communicate to the consumer that our product is beneficial to their health, while not misleading the consumer. We discuss this in today's IP Insights.
“Epic flip” at 44 Złota Street in Warsaw – not so epic, after all?
At the end of 2023, a piece of news was picked up by the media, stirring up a storm in social networks, regarding the “Epic Flip” – a new project by Rafał Zaorski, a well-known financial speculator.
IP INSIGHTS - Nutrition claims
“Low energy”, “fat-free”, “with no added sugars”, “light” or “natural” are some of the most common nutrition claims used on product packaging. Do you want to know what conditions must be met in order to use them in compliance with the law? Read the latest IP Insights!
Data Act: new obligations on data access
On 9 November, 2023, the European Parliament adopted a compromise text for the proposal for the Data Act[1]. The new regulation is yet to be officially adopted by the Council of the European Union, but the contents of the future EU regulation are now known.
A planning permit can be obtained in Poland if land to be developed is located within a development
Recently there have been major changes to planning and land-use rules in Poland, due to an amendment to the Spatial Planning and Development Act of 27 March 2003 (consolidated text, Journal of Laws of 2023, item 977, as amended).
(Non-)obvious assessment of trademarks for medicinal products
Consumers are looking at medicinal product trademarks with greater precision. Because these products have an effect on health, the issue of similarity between trademarks for products on this kind is not always considered in the same way as trademarks for goods and services in other industries.
Consumer law: AI is reviewing your contract templates online right now
At the end of September, the CJEU delivered a ruling stating that where the wording of a provision in a consumer agreement template is equivalent to that of a clause listed as an abusive clause in the register of abusive clauses, this is by itself grounds for invalidation of that provision.
Oversight of lending institutions by the Financial Supervision Authority (KNF)
As of the new calendar year, lending institutions will be subject to Financial Supervision Authority (KNF) institutional oversight, and the respective legislative changes stem from the Anti-usury Act .
The difficult road to revising the Polish system of fair compensation for private copying
In Poland, the system of compensation for authors and other rightholders for private copying relies on fees charged per device or data carrier used for this purpose.
Will AI vendors defend their clients against IP lawsuits?
Copyright issues related to the use of generative AI within a business have become a major concern amongst business owners. Those concerns have not gone unnoticed by some of the AI systems vendors.
Is orphan exclusivity a new IP right?
There has been no consensus so far on whether data and market exclusivity can be perceived as IP rights. Recently, the legal categorization of market exclusivity for orphan medicines was proposed by the District Court of Munich in a dispute over a biosimilar based on the active substance Eculizumab.
Exclusion of a foreign contractor from the proceedings
On 15 September, 2023, a judgment was issued by the District Court in Warsaw – Public Procurement Court (case no. XXIII Zs 60/23), which is of significant importance for foreign contractors applying for public procurement contracts in Poland.
IP Insights. A family of marks in the case of opposition
If you read last week’s IP Insights, you already know what is meant by a family of marks, what to consider in particular when forming a family of marks, and what the commercial benefits might be.
THE FUTURE OF TRADEMARKS – FAMILY OF MARKS
If you have heard of the Kardashians, then you will certainly know what a driving force a family can be in business, and if you are considering launching a line of goods or services of one category and you wish to economize on promoting more of the same in the future, read on!
IP Insights. The future of trademarks: Non-traditional marks and the extent of protection
In general, it is clear how much protection is afforded trademarks; the mark is registered and can be used exclusively in the designated territory. Third parties are prohibited from performing certain actions, such as using identical marks as this would be an infringement of the exclusive right.
The Digital Services Act (DSA) and combating disinformation – 10 key takeaways
The scale of online disinformation is widely considered to be one of the most important challenges in terms of providing users with a “safe, predictable, and trusted online environment”.
THE FUTURE OF BRANDS – MULTIMEDIA MARKS
Innovative promotion strategies as well as technological advancements shape new types of trademarks. Some of them are created through combining into one designation the elements characteristic of other types of marks. Multimedia marks serve as an example.
User Content Moderation under the Digital Services Act – 10 key takeaways
One of the main objectives of the adoption of the EU Regulation - the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers. Below are the ten most important points on content moderation under the Digital Services Act.
THE FUTURE OF BRANDS – HOLOGRAM MARKS
Do you use holograms? Do you know how to register them as trademarks? Would you like to know what is required for a hologram to be registered as a trademark? Read on!
Limits on a non-compete clause in a franchising agreement: looming risks for franchisors
In midsummer, a new legislative proposal concerning franchising agreements emerged, causing concern for many franchisors.
The European Commission has issued a decision on the adequate level of protection under the EU-US Da
The Commission's decision of 10 July, 2023, on the adequate level of protection of personal data under the EU-US Data Privacy Framework restores legal certainty for businesses that transfer personal data to US-based entities in the course of their activity.
Proposal for the new NIST Cybersecurity Framework now revealed
The U.S. NIST recently released an update of a tool of its own design, the Cybersecurity Framework. This upgrade comes as the rate of growth in the field of cybersecurity is increasing, in terms of both legislation and norms, and cyberthreats.
Penalties for trash-streaming – legislation to combat harmful content online
Measures are being taken in Poland to pass legislation regulating influencer marketing. The first major step in this direction was measures by the Office of Competition and Consumer Protection to address the labeling of advertising content by influencers.
The Act on Combating Abuses in Electronic Communication: new obligations for telecommunications oper
On 25 August 2023, the Act on Combating Abuses in Electronic Communication (CAECA) was published in the Polish Journal of Laws.
Measures to improve the legal and institutional climate for businesses in Poland
Work is underway on a government proposal to amend certain acts to improve the legal and institutional climate for businesses.
Disclosure obligation under art. 19 of Directive (EU) 2019/790
Work on a Polish legislative proposal for transposition of the Directive on copyright and related rights in the Digital Single Market (Directive 2019/790) is still at an early stage, even though the deadline for transposition has passed.
IT sector’s recommendations on indexation posted on the Public Procurement Office website
The Public Procurement Office has recently published a set of sample indexation clauses drawn up by IT sector organizations on its website. This is a document intended primarily as an aid for contracting authorities, as they have an obligation to include these clauses in public tender agreements.
IP INSIGHTS - Labelling of spirit drinks
The objective of food law is to protect the interests of consumers. Its provisions serve as a basis for consumers to make informed choices with regard to the food they consume, particularly by countering unfair practices, including food adulteration, and any practices that may mislead the consumer.
IP INSIGHTS - Health claims II
In the latest IP Insights, we continue the theme of health claims on food and other product packaging. Find out what else is behind the labels!
IP INSIGHTS - Geographical indications of spirit drinks
In this week's IP Insights, we continue to look specifically at the labelling and protection of spirits as geographical indications. See how specific types of spirits can be protected and what the penalties are for counterfeiting.
We all, or at least most of us, want to eat healthy. The only problem is when it is possible to communicate to the consumer that our product is beneficial to their health, while not misleading the consumer. We discuss this in today's IP Insights.
“Epic flip” at 44 Złota Street in Warsaw – not so epic, after all?
At the end of 2023, a piece of news was picked up by the media, stirring up a storm in social networks, regarding the “Epic Flip” – a new project by Rafał Zaorski, a well-known financial speculator.
IP INSIGHTS - Nutrition claims
“Low energy”, “fat-free”, “with no added sugars”, “light” or “natural” are some of the most common nutrition claims used on product packaging. Do you want to know what conditions must be met in order to use them in compliance with the law? Read the latest IP Insights!
Data Act: new obligations on data access
On 9 November, 2023, the European Parliament adopted a compromise text for the proposal for the Data Act[1]. The new regulation is yet to be officially adopted by the Council of the European Union, but the contents of the future EU regulation are now known.
A planning permit can be obtained in Poland if land to be developed is located within a development
Recently there have been major changes to planning and land-use rules in Poland, due to an amendment to the Spatial Planning and Development Act of 27 March 2003 (consolidated text, Journal of Laws of 2023, item 977, as amended).
(Non-)obvious assessment of trademarks for medicinal products
Consumers are looking at medicinal product trademarks with greater precision. Because these products have an effect on health, the issue of similarity between trademarks for products on this kind is not always considered in the same way as trademarks for goods and services in other industries.
Consumer law: AI is reviewing your contract templates online right now
At the end of September, the CJEU delivered a ruling stating that where the wording of a provision in a consumer agreement template is equivalent to that of a clause listed as an abusive clause in the register of abusive clauses, this is by itself grounds for invalidation of that provision.
Oversight of lending institutions by the Financial Supervision Authority (KNF)
As of the new calendar year, lending institutions will be subject to Financial Supervision Authority (KNF) institutional oversight, and the respective legislative changes stem from the Anti-usury Act .
The difficult road to revising the Polish system of fair compensation for private copying
In Poland, the system of compensation for authors and other rightholders for private copying relies on fees charged per device or data carrier used for this purpose.
Will AI vendors defend their clients against IP lawsuits?
Copyright issues related to the use of generative AI within a business have become a major concern amongst business owners. Those concerns have not gone unnoticed by some of the AI systems vendors.
Is orphan exclusivity a new IP right?
There has been no consensus so far on whether data and market exclusivity can be perceived as IP rights. Recently, the legal categorization of market exclusivity for orphan medicines was proposed by the District Court of Munich in a dispute over a biosimilar based on the active substance Eculizumab.
Exclusion of a foreign contractor from the proceedings
On 15 September, 2023, a judgment was issued by the District Court in Warsaw – Public Procurement Court (case no. XXIII Zs 60/23), which is of significant importance for foreign contractors applying for public procurement contracts in Poland.
IP Insights. A family of marks in the case of opposition
If you read last week’s IP Insights, you already know what is meant by a family of marks, what to consider in particular when forming a family of marks, and what the commercial benefits might be.
THE FUTURE OF TRADEMARKS – FAMILY OF MARKS
If you have heard of the Kardashians, then you will certainly know what a driving force a family can be in business, and if you are considering launching a line of goods or services of one category and you wish to economize on promoting more of the same in the future, read on!
IP Insights. The future of trademarks: Non-traditional marks and the extent of protection
In general, it is clear how much protection is afforded trademarks; the mark is registered and can be used exclusively in the designated territory. Third parties are prohibited from performing certain actions, such as using identical marks as this would be an infringement of the exclusive right.
The Digital Services Act (DSA) and combating disinformation – 10 key takeaways
The scale of online disinformation is widely considered to be one of the most important challenges in terms of providing users with a “safe, predictable, and trusted online environment”.
THE FUTURE OF BRANDS – MULTIMEDIA MARKS
Innovative promotion strategies as well as technological advancements shape new types of trademarks. Some of them are created through combining into one designation the elements characteristic of other types of marks. Multimedia marks serve as an example.
User Content Moderation under the Digital Services Act – 10 key takeaways
One of the main objectives of the adoption of the EU Regulation - the Digital Services Act (DSA) was defining the rules on content moderation by digital service providers. Below are the ten most important points on content moderation under the Digital Services Act.
THE FUTURE OF BRANDS – HOLOGRAM MARKS
Do you use holograms? Do you know how to register them as trademarks? Would you like to know what is required for a hologram to be registered as a trademark? Read on!
Limits on a non-compete clause in a franchising agreement: looming risks for franchisors
In midsummer, a new legislative proposal concerning franchising agreements emerged, causing concern for many franchisors.
The European Commission has issued a decision on the adequate level of protection under the EU-US Da
The Commission's decision of 10 July, 2023, on the adequate level of protection of personal data under the EU-US Data Privacy Framework restores legal certainty for businesses that transfer personal data to US-based entities in the course of their activity.
Proposal for the new NIST Cybersecurity Framework now revealed
The U.S. NIST recently released an update of a tool of its own design, the Cybersecurity Framework. This upgrade comes as the rate of growth in the field of cybersecurity is increasing, in terms of both legislation and norms, and cyberthreats.
Penalties for trash-streaming – legislation to combat harmful content online
Measures are being taken in Poland to pass legislation regulating influencer marketing. The first major step in this direction was measures by the Office of Competition and Consumer Protection to address the labeling of advertising content by influencers.
The Act on Combating Abuses in Electronic Communication: new obligations for telecommunications oper
On 25 August 2023, the Act on Combating Abuses in Electronic Communication (CAECA) was published in the Polish Journal of Laws.
Measures to improve the legal and institutional climate for businesses in Poland
Work is underway on a government proposal to amend certain acts to improve the legal and institutional climate for businesses.
Disclosure obligation under art. 19 of Directive (EU) 2019/790
Work on a Polish legislative proposal for transposition of the Directive on copyright and related rights in the Digital Single Market (Directive 2019/790) is still at an early stage, even though the deadline for transposition has passed.
IT sector’s recommendations on indexation posted on the Public Procurement Office website
The Public Procurement Office has recently published a set of sample indexation clauses drawn up by IT sector organizations on its website. This is a document intended primarily as an aid for contracting authorities, as they have an obligation to include these clauses in public tender agreements.