Intellectual property
We understand the significance of safeguarding intellectual property and the multitude of advantages it brings. We are pleased to offer our expertise in constructing comprehensive strategies that not only protect our clients’ interests, but also enhance their business’ competitive edge. At DMS, we provide unwavering support to our clients in all facets of intellectual property protection. Beginning at the transactional stage, we diligently identify potential risks and collaborate with our clients to devise robust protective mechanisms. Moreover, we take pride in safeguarding our clients’ rights throughout their interactions with competitors, employees, and contractors.
We represent entities from cosmetics, apparel, IT, automotive, FMCG, insurance, financial and other sectors;
We advise our clients on copyrights, know-how, trademarks, industrial designs and patents;
We help our clients enforce their claims in front of common courts of law, administrative courts and in arbitration;
We offer comprehensive services in the area related to counteracting unfair competition.
What we offer?
- We offer comprehensive guidance on methods to protect your brand, copyrights, know-how, and emerging technologies, ensuring that your intellectual property assets are secure.
- We devise strategies to protect your IP rights and reduce the risk of infringing third-party rights. We support clients in successfully obtaining IP rights from employees and associates.
- We conduct IP rights research, including the registrability of trademarks, and support our clients in the process of creating and strengthening the company’s brand. We assist in obtaining IP rights protection at patent offices.
- We draft and review intellectual property rights agreements, including license agreements, copyright transfer agreements, confidentiality and non-competition agreements.
- We advise investors on projects involving new technologies and other intellectual property rights.
- We prepare and negotiate agreements for the transfer of brands, know-how or new technologies, along with license agreements for cooperation in the production or distribution of goods.
- We support investors in investment processes in the field of new technologies, know-how and IT, including as part of a legal due diligence review.
- We develop rules for the use of joint IP rights in Polish and foreign capital groups, associations and insurance companies. We draft all the necessary documentation, contracts and regulations.
- We take legal action against the client’s competitors who are violating the rules of fair competition to the detriment of our clients.
- We represent clients in disputes over the protection of brands, trademarks, copyrights and unfair competition issues.
- We negotiate terms and draft judicial and extrajudicial settlements in cases involving the protection of intellectual property rights, combatting unfair competition and unfair market practices.
- We enforce our clients’ IP rights in the way most suitable for our clients. To this end, we initiate litigation for the protection of author’s proprietary rights, for the protection of industrial property rights, against unfair competition, or, where preferred, undertake settlement talks and negotiations. We also initiate criminal proceedings in cases of suspected infringements of IP rights.
- We represent clients in litigation and administrative proceedings relating to trademark protection rights.
- We handle cases related to the protection of internet domains before reputable arbitration courts, such as the Arbitration Court at the World Intellectual Property Organization in Geneva and the Arbitration Court at the Polish Chamber of Information Technology and Telecommunications in Warsaw.
Recommendations and awards
The IP department at DMS is headed by Justyna Karsz, recommended by Legal 500 in the area of intellectual property in 2021, 2022 and 2023.
Justyna Karsz was awarded TRADE MARK STAR 2022 (Poland) and IP STAR by Managing IP in 2022.
References
- preparing, on behalf of a large media group, a draft amendment to the Copyright Law, together with an explanatory memorandum and participating in negotiations on proposed legislative changes with other nationwide broadcasters, culminating in the submission of the draft to the Ministry of Culture and National Heritage;
- representing the Association of the Jewish Historical Institute of Poland in the organization of the Main Exhibition at the Museum of the History of Polish Jews POLIN, which included providing comprehensive advice on agreements with authors, agreements on leasing the collections and specific elements of the exhibition, the transfer of property rights and granting of licenses;
- advising the Association of the Jewish Historical Institute in Poland on making their collection available to cultural institutions, museums in Poland and abroad;
- representing a client in a dispute over multimillion compensation for copyright infringement of computer software;
- advising an investor on its participation in a project involving the use of new technologies and other intellectual property rights;
- conducting a legal due diligence review of IT companies prior to the acquisition of a company;
- representing a Polish company in proceedings for damages for copyright infringement by a major player in the telecommunications industry, concluded with the signing of a settlement agreement on conditions favorable for the client;
- representing a client in a multi-faceted anti-unfair competition dispute concerning misleading labeling and harmonized conditions for marketing construction products;
- advising on the creation of a private brand and the protection of the know-how of a Polish business from a heating sector;
- reviewing the distinctiveness of trademarks of a major player on the insurance market;
- representing a Polish foundation in a dispute over compensation for a copyright infringement of a book;
- representing an insurer as an aggrieved party in a case involving the illegal use of documents bearing a counterfeit trademark;
- representing a TV broadcaster as an aggrieved party in a case concerning the theft of a television signal;
- representing a client in the proceedings before the Arbitration Court at the World Intellectual Property Organization in Geneva for trademark infringement.
Contact
