Intellectual property protection

About

In an era of increasing digitization and global markets, intellectual property has gained prominence as one of the core intangible assets of corporations and businesses. This area includes copyrights, patents, trademarks and industrial designs, among others. Each of these elements is the foundation of innovation and determines the competitive position in the market. This is why it is so important to protect intellectual property.

Intellectual property crimes, such as counterfeiting, plagiarism, or so-called piracy, pose legal challenges for creators and intellectual rights owners, as do issues of patent infringement and illegal use of trade secrets. It is also worth noting that trademarks, which are a reflection of reputation and a guarantee of the quality of products or services offered, are also subject to infringement. Among popular violations of intellectual property protection are also the circulation of illegal copies of works or the introduction of counterfeits into the market.

Violations of intellectual property rights carry specific legal consequences. Persons who commit such violations are subject to criminal liability, which can result in punishment in the form of a fine, community sentence or even imprisonment. Protection of intellectual property is therefore criminal in nature.

In addition, aggrieved parties also have the right to pursue civil claims, especially for damages. The repercussions for business entities that face such violations can be long-lasting and severe, not only from a financial point of view, but can also negatively affect their reputation.

The Kopeć & Zaborowski Law Firm provides the following services within criminal and intellectual property law:

  • representation in court proceedings and before law enforcement and tax authorities, in civil, criminal and tax proceedings;
  • counseling in the area of securing intellectual property, consisting of explaining and interpreting intellectual property laws, taking into account the effective safeguarding and active protection of intellectual property;
  • defense of persons accused of violating intellectual property rights in criminal and fiscal criminal proceedings, before Polish and international authorities;
  • cooperation with law enforcement agencies in order to effectively represent the interests of entities harmed by intellectual property crime.

We direct our services to:

  • representatives of creative industries interested in protecting their intellectual property;
  • entities harmed by plagiarism, counterfeiting, circulation of illegal copies of works and other intellectual property crimes;
  • professionals seeking specialized knowledge in the field of criminal protection of intellectual property;
  • persons suspected and accused of intellectual property crimes.

Summary – Intellectual property rights

Intellectual property rights

IP is protected in law by, for example, patent, copyright, trademarks. It enables people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators (protect your intellectual property if you are an inventor) and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish for a certain period of time.

The intellectual property law bestows exclusive right to the creators or inventors.

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Type of intellectual property

Types of intellectual property protection are: copyright, patents, designs and trade marks, invention, r&d, scientific knowledge, artistic work, industrial property, geographical indications, industrial designs, creative work, trade secrets.They all cannot be used without permission of a company or individual who was granted patent protection. 

The Patent Office of the Republic of Poland grants property rights to original inventions, from processes to machines. Patent law protects inventions from use by others and gives exclusive rights to one or more inventors.

Intellectual property infringement

Intellectual property infringement is the violation of an intellectual property right, e.g. using a third party’s image, trademark, logo, design, etc., without the appropriate permission from the intellectual property rights owner, can constitute intellectual property infringement. 

Damages for infringement can include compensatory damages and punitive damages.

Protect your intellectual property

Owners of intellectual property frequently use more than one of these types of intellectual property law to protect the same intangible assets.

Act of law that regulates intellectual property regime in Poland is the Copyright and Related Rights Act (called copyright act) from 1994. Patent Office of the Republic of Poland (in other countries can be called patent and trademark office) is the state administration agency which is responsible for implementation of tasks connected with industrial property protection.

One of the basic tasks of the Polish Patent Office is keeping publicly accessible registers with information on the legal status of the protection of industrial property objects, IP protection, trade mark registration, on the territory of Poland and other trade related aspects of intellectual property protection.

How can
we help you?

Contact
the experts

Maciej Zaborowski

Advocate, Managing Partner

Paweł Gołębiewski

Attorney-at-law, Head of International Criminal Law Practice