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
115 items provided by Traple Konarski Podrecki & Partners
Permission for the acquisition of real estate in Poland by foreigners
Buying a property is always quite a complex process, often requiring an adequate audit, raising funds, identifying tax obligations and participating in long-lasting negotiations. The process is different in case of acquisition of commercial and residential properties.
Impact of forthcoming legal changes on the performance of creditworthiness assessments using AI
On 12 July 2024, the Act on Artificial Intelligence (AI Act) was published in the Official Journal of the European Union, as the first EU regulation in this field. Poland is also working on the national law implementing certain provisions of the AI Act and the act implementing the EU DORA.
Polish Government announces tax changes to reduce use of family foundations for tax optimization
On 12 August 2024, the Government published information regarding a proposal for amendment to the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts. The envisaged amendments include changes to the taxation rules for family foundations.
The Electronic Communications Law enters into force
On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws. The new legislation, which will replace the current Telecommunications Law, introduces additional obligations for electronic communications entrepreneurs.
Polish DPA bans Meta from processing personal data of two public figures for displaying deepfake ads
The text discusses two landmark decisions by the Polish Data Protection Authority (DPA) regarding Meta's use of data from two public figures in deepfake advertisements on Facebook and Instagram. These cases highlight the strict enforcement of data protection laws in Poland.
EU fight against illegal logging and new obligations for entrepreneurs
Entrepreneurs have to comply with new EU legislation not later than until 30 December 2024. Soon, many of them will have to realise obligations to reduce deforestation and forest degradation.
New PKD codes from 1 January 2025
In September 2024, the Council of Ministers presented a legislative proposal to revise the Polish Classification of Activities, which will come into force at the beginning of 2025.
Warsaw Intellectual Property Court has resolved the issue of granting an injunctive relief
The patent claims cover rivaroxabine in the form of rapid-release tablets and only one feature regarding the use of this substance: once a day.
On 20 September 2024, an amendment to the Polish Act on Copyright and Related Rights (ACRR) entered into force, which implemented the Directive on Copyright and Related Rights in the Digital Single Market (DSM) with a 3-years’ delay.
Identity/similarity with an earlier sign
Want to register a trademark and you have already made sure that there are no absolute grounds for refusal?
Trademark refusal, opposition – what now?
The Republic of Poland Patent Office has refused to register your mark as a trademark? A competitor has filed an opposition to your registration? Find out what you can do in this situation!
What will prevent you from registering a trademark? Prohibited elements
Registering a mark is not always simple and obvious! Especially if your sign contains elements of high religious, state symbolic value. Want to know how to avoid the most common mistakes when registering a trademark? Read the article.
If you want to know how to avoid illegal use of other people's works and how to protect your own works from infringement, we invite you to read this article!
Family foundations only for singles? Controversial individual interpretations regarding disbursement
According to individual interpretations of 30 April 2024 issued by the Head of the National Tax Chamber, benefits paid from a family foundation to the founding spouses are subject to partial personal income tax (ref. 0112-KDIL2-1.4011.113.2024.2.JK and 0112-KDIL2-1.4011.114.2024.2.JK).
Publication of a draft law implementing the NIS 2 Directive
On 24 April 2024, the Ministry of Digital Affairs published a draft amendment to the National Cybersecurity System Act, which is a law implementing the EU NIS 2 Directive. It is worth noting, however, that in many aspects the Polish draft law deviates from the provisions of the NIS 2 Directive.
A ruling of the Supreme Administrative Court confirmed that the use of peel-off labels is, in principle, allowed and that there is no obligation to include all mandatory information on one top layer of the label.
Work on the implementation of the Polish law transposing the Digital Operational Resilience Act
On 18 April, the Polish government officially commenced work on a law implementing the provisions of the Digital Operational Resilience Act (hereinafter “DORA”) into the national (polish) legal system.
The future of public procurement in the context of the NIS 2 implementation
By 17 October this year, EU member states are required to implement the NIS 2 Directive, which changes the cybersecurity landscape in the European Union. Public administration bodies have been included as regulated entities, implying changes to public procurement law.
New preliminary questions to the CJEU concerning the concept of a ‘work’ – practical conclusions
The Court of Justice of the European Union (CJEU) has recently received further preliminary questions concerning the understanding of the concept of a work.
European Media Freedom Act (EMFA): EU’s Weapon in the Fight for Pluralistic and Independent Media?
A new EU law governing the media services sector entered into force on 7 May. The law in question is the Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market.
Deregulation Act – changes for entrepreneurs
The Ministry of Economic Development and Technology has presented a draft law on amending certain laws to deregulate economic and administrative law and to improve the rules for drafting economic law (“Deregulation Act”).
Valid reasons for not using trademarks
Trademarks may be cancelled if not used in a timely manner. However, there are exceptions. A trademark protection right can be retained despite even if the trademark in question is not used if there are compelling reasons to do so. Such reasons must be justified and demonstrated.
A “game-changing” opinion from the CJEU’s Advocate General offers legal perspective on cheat softwar
In the world of gaming, the legality of various types of software used for cheating or “enhancing” the gaming experience (usually in the form of plug-ins) continues to be a topic of debate.
Bad faith in trademark applications
If you are unlucky enough to come across a competitor that does not entirely play by the book and fights you with his bad faith trade marks – don’t loose your nerve.
Trademarks contrary to public policy or to accepted principles of morality
The concept of being contrary to public policy or accepted principles of morality can be found in the area of regulations on the refusal to register or invalidate trademarks.
What will block your trademark registration? Non-distinctive and descriptive trademarks
Registering a trademark is not always simple and obvious! Especially if your mark, for example, relates to the goods for which it is intended. Do you want to know how to avoid the most common mistakes when registering a trademark? Read our IP Insights!
Protection of craft and industrial products
Regulation 2023/2411 introduces the possibility of protecting craft and industrial products within the EU, e.g.: wooden products, jewellery, lace, cutlery or porcelain. Do you want to know more about the protection of such products?
“Green” communication about products and entrepreneurs
More and more often consumers pay attention to how their purchasing decisions affect the environment. This aspect is also taken into consideration by entrepreneurs when choosing a business to contract with.
Another marking that often appears on various products is the CE marking. Learn about the legal meaning of the symbol, the legal consequences of affixing it to certain types of products, and about the procedures necessary to obtain the right to use it.
Use of common and warranty marks
This issue covers the problem of genuine use of two different, less common types of trademarks, namely collective and certification marks.
Permission for the acquisition of real estate in Poland by foreigners
Buying a property is always quite a complex process, often requiring an adequate audit, raising funds, identifying tax obligations and participating in long-lasting negotiations. The process is different in case of acquisition of commercial and residential properties.
Impact of forthcoming legal changes on the performance of creditworthiness assessments using AI
On 12 July 2024, the Act on Artificial Intelligence (AI Act) was published in the Official Journal of the European Union, as the first EU regulation in this field. Poland is also working on the national law implementing certain provisions of the AI Act and the act implementing the EU DORA.
Polish Government announces tax changes to reduce use of family foundations for tax optimization
On 12 August 2024, the Government published information regarding a proposal for amendment to the Personal Income Tax Act, the Corporate Income Tax Act and certain other acts. The envisaged amendments include changes to the taxation rules for family foundations.
The Electronic Communications Law enters into force
On 9 August 2024 the Electronic Communications Law was published in the Journal of Laws. The new legislation, which will replace the current Telecommunications Law, introduces additional obligations for electronic communications entrepreneurs.
Polish DPA bans Meta from processing personal data of two public figures for displaying deepfake ads
The text discusses two landmark decisions by the Polish Data Protection Authority (DPA) regarding Meta's use of data from two public figures in deepfake advertisements on Facebook and Instagram. These cases highlight the strict enforcement of data protection laws in Poland.
EU fight against illegal logging and new obligations for entrepreneurs
Entrepreneurs have to comply with new EU legislation not later than until 30 December 2024. Soon, many of them will have to realise obligations to reduce deforestation and forest degradation.
New PKD codes from 1 January 2025
In September 2024, the Council of Ministers presented a legislative proposal to revise the Polish Classification of Activities, which will come into force at the beginning of 2025.
Warsaw Intellectual Property Court has resolved the issue of granting an injunctive relief
The patent claims cover rivaroxabine in the form of rapid-release tablets and only one feature regarding the use of this substance: once a day.
On 20 September 2024, an amendment to the Polish Act on Copyright and Related Rights (ACRR) entered into force, which implemented the Directive on Copyright and Related Rights in the Digital Single Market (DSM) with a 3-years’ delay.
Identity/similarity with an earlier sign
Want to register a trademark and you have already made sure that there are no absolute grounds for refusal?
Trademark refusal, opposition – what now?
The Republic of Poland Patent Office has refused to register your mark as a trademark? A competitor has filed an opposition to your registration? Find out what you can do in this situation!
What will prevent you from registering a trademark? Prohibited elements
Registering a mark is not always simple and obvious! Especially if your sign contains elements of high religious, state symbolic value. Want to know how to avoid the most common mistakes when registering a trademark? Read the article.
If you want to know how to avoid illegal use of other people's works and how to protect your own works from infringement, we invite you to read this article!
Family foundations only for singles? Controversial individual interpretations regarding disbursement
According to individual interpretations of 30 April 2024 issued by the Head of the National Tax Chamber, benefits paid from a family foundation to the founding spouses are subject to partial personal income tax (ref. 0112-KDIL2-1.4011.113.2024.2.JK and 0112-KDIL2-1.4011.114.2024.2.JK).
Publication of a draft law implementing the NIS 2 Directive
On 24 April 2024, the Ministry of Digital Affairs published a draft amendment to the National Cybersecurity System Act, which is a law implementing the EU NIS 2 Directive. It is worth noting, however, that in many aspects the Polish draft law deviates from the provisions of the NIS 2 Directive.
A ruling of the Supreme Administrative Court confirmed that the use of peel-off labels is, in principle, allowed and that there is no obligation to include all mandatory information on one top layer of the label.
Work on the implementation of the Polish law transposing the Digital Operational Resilience Act
On 18 April, the Polish government officially commenced work on a law implementing the provisions of the Digital Operational Resilience Act (hereinafter “DORA”) into the national (polish) legal system.
The future of public procurement in the context of the NIS 2 implementation
By 17 October this year, EU member states are required to implement the NIS 2 Directive, which changes the cybersecurity landscape in the European Union. Public administration bodies have been included as regulated entities, implying changes to public procurement law.
New preliminary questions to the CJEU concerning the concept of a ‘work’ – practical conclusions
The Court of Justice of the European Union (CJEU) has recently received further preliminary questions concerning the understanding of the concept of a work.
European Media Freedom Act (EMFA): EU’s Weapon in the Fight for Pluralistic and Independent Media?
A new EU law governing the media services sector entered into force on 7 May. The law in question is the Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market.
Deregulation Act – changes for entrepreneurs
The Ministry of Economic Development and Technology has presented a draft law on amending certain laws to deregulate economic and administrative law and to improve the rules for drafting economic law (“Deregulation Act”).
Valid reasons for not using trademarks
Trademarks may be cancelled if not used in a timely manner. However, there are exceptions. A trademark protection right can be retained despite even if the trademark in question is not used if there are compelling reasons to do so. Such reasons must be justified and demonstrated.
A “game-changing” opinion from the CJEU’s Advocate General offers legal perspective on cheat softwar
In the world of gaming, the legality of various types of software used for cheating or “enhancing” the gaming experience (usually in the form of plug-ins) continues to be a topic of debate.
Bad faith in trademark applications
If you are unlucky enough to come across a competitor that does not entirely play by the book and fights you with his bad faith trade marks – don’t loose your nerve.
Trademarks contrary to public policy or to accepted principles of morality
The concept of being contrary to public policy or accepted principles of morality can be found in the area of regulations on the refusal to register or invalidate trademarks.
What will block your trademark registration? Non-distinctive and descriptive trademarks
Registering a trademark is not always simple and obvious! Especially if your mark, for example, relates to the goods for which it is intended. Do you want to know how to avoid the most common mistakes when registering a trademark? Read our IP Insights!
Protection of craft and industrial products
Regulation 2023/2411 introduces the possibility of protecting craft and industrial products within the EU, e.g.: wooden products, jewellery, lace, cutlery or porcelain. Do you want to know more about the protection of such products?
“Green” communication about products and entrepreneurs
More and more often consumers pay attention to how their purchasing decisions affect the environment. This aspect is also taken into consideration by entrepreneurs when choosing a business to contract with.
Another marking that often appears on various products is the CE marking. Learn about the legal meaning of the symbol, the legal consequences of affixing it to certain types of products, and about the procedures necessary to obtain the right to use it.
Use of common and warranty marks
This issue covers the problem of genuine use of two different, less common types of trademarks, namely collective and certification marks.