Traple Konarski Podrecki & Partners

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.

Technologies media and telecommunications: The firm's 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 21 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

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

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).

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.

Financial institutions and 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, acquirer
• 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

Dispute resolution and 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