Intellectual Property and Unfair Competition Law Attorney’s Office










Always on your side


We provide legal assistance on the territory of Poland in the field of intellectual property law,
including copyright, trademarks, industrial designs, patent law, advertising and unfair competition.




Our Law Firm


ABOUT US

Our Law Firm was established in January 1997 and since the beginning of its operation we specialize in intellectual property law (including copyright law, unfair competition law, patent law, trademark law, advertising law) successfully providing legal services to business entities operating in various sectors as well as to individuals.

 

Our Law Firm provides services to entities - owners of intellectual property rights in the area of protection of their brands or products against unauthorized use or imitation (counterfeiting) on the territory of Poland. This protection is based on the legal fight against unauthorized use of protected brands, combating counterfeiting, unlawful use of protected names in the production or distribution on the territory of Poland or from the territory of Poland.

 

The Law Firm operates in close association with Kancelaria Rakoczy & Wroński Adwokaci i Radcowie Prawni Sp. p. as its organisationally separate legal department managed by an attorney Waldemar Rakoczy.

WALDEMAR RAKOCZY

Attorney

After graduating, he worked at the Jagiellonian University at the Institute of Inventiveness and Intellectual Property Protection (currently Intellectual Property Law Chair Faculty of Law and Administration of the Jagellonian University). In 1997, he founded his own individual law firm. At present, he is a partner in the Law Firm Rakoczy Wroński Adwokaci i Radcowie Prawni Sp. p. (www.rakoczy.com.pl) New technologies are his hobby.

 

AGNIESZKA TOMECKA-ŚLUSARZ

Attorney

After graduating, she completed a lawyer's apprenticeship. She is currently a member of the Okręgowa Rada Adwokacka w Krakowie (Krakow's Bar Association).
She has been dealing with intellectual property law in cooperation with our Law Firm since 2014.

 

JOANNA DUDEK

Attorney

She graduated from law at the Jagiellonian University. She is currently a member of the Okręgowa Rada Adwokacka w Krakowie (Krakow's Bar Association). She has been cooperating with our Law Firm since 2017.

Practice areas


  • COPYRIGHT LAW +

    COPYRIGHT LAW
Our Law Firm provides legal services in the field of copyright law. The main area of our activities is consultancy in these matters, and above all, pursuing claims in case of violation of these rights, also in court /including bringing an action before a court.

    In the area of copyright, we deal with protection and pursuing claims in case of copyright law infringement i.a. to literary, journalistic, scientific and cartographic works, computer programs, advertising materials, art and phonographic works, industrial design, architectural, musical, scenic, audiovisual and many other works. We also help in matters of author’s economic rights, author’s moral rights, and image protection.

    We specialize in providing legal assistance in the field of copyright directly related to business activity, including trade, production and service. We help our clients defend against allegations of copyright infringement Our clients are both trade and production companies as well as companies that use design documentation in the field of housing and industrial construction.
  • INDUSTRIAL PROPERTY LAW +

    INDUSTRIAL PROPERTY LAW
In the field of industrial property law, we deal with matters relating to inventions, trade dress, industrial designs, trademarks, geographical indications of goods and integrated circuit layout design protection.

    On behalf of our clients, we make claims in the event of a violation of their exclusive rights, we prepare and assist in negotiating contracts, including transfer of right agreements and license agreements, and we also provide extensive legal assistance (legal advice) in this regard.
  • UNFAIR COMPETITION +

    UNFAIR COMPETITION Our law firm helps business entities in the case of acts of unfair competition, and thus such behaviors, which consist in:

    such an indication of an enterprise that might mislead customers as to its identity,

    labeling goods or services with false or fraudulent markings that may mislead customers as to the origin of goods, quantity, quality, ingredients, method of manufacturing, suitability, applicability, repair, maintenance or other essential characteristics of goods or services,

    transfer, disclosure or use of third party information being a trade secret,

    imitating the finished product of other entities,

    disseminating false or misleading information about own or another company in order to bring own benefit or cause damage to another company,

    impeding access to the market for other enterprises by selling goods or services below the cost of production or rendering of services, or reselling them below purchase costs in order to eliminate other entities (dumping, dumped prices),

    inducing third parties to refuse to sell to other enterprises or not to buy goods or services from other entrepreneurs,

    materially unjustified, unequal treatment of some customers (boycott of customers or goods, discrimination),

    conducting misleading or for other reasons unlawful advertising (non-factual advertising, comparative advertising, hidden advertising),

    we also deal with matters related to parallel import of goods on the territory of Poland and matters related to internet domains.
  • PROTECTION OF PERSONAL RIGHTS AND IMAGE +

    PROTECTION OF PERSONAL RIGHTS AND IMAGE
The specialization of our Law Firm in intellectual property law is inextricably linked to legal issues related to the protection of personal rights and the image. Despite the fact that the first category is protected by the provisions of the Civil Code, and the second by the provisions of the Act on Copyright and Neighbouring Rights, both are often inseparably linked and then we have to deal with the so-called cumulative legal protection. We help our principals, which in this case are usually individuals (but not only) and we take actions to eliminate infringements, and if they have already occurred, remove their consequences and obtain an appropriate financial gratuity for our principals from the person (s) responsible for the infringement.
  • PRESS LAW +

    PRESS LAW
The range of our law firm activity also includes legal issues covered by the press law, which complements other areas of our activity, including, in particular, those relating to the protection of personal rights and image, at the time of press releases infringing those rights. We advise people whose rights have been violated by the press release and press publishers.
  • ADVERTISING LAW +

    ADVERTISING LAW
In the fields of our activities, there are also issues of broadly understood advertising law. We help our clients in situations in which competitors carry out marketing activities by running an unlawful advertisement, being an act of unfair competition or use advertising elements of our principals (using someone else's reputability), which is often also a violation of the provisions of the Act on copyright and neighbouring rights.
  • 1

Copyright law

Industrial property law

Unfair competition

Protection of personal rights and image

Press law

Advertising law

Industrial property law



In the field of industrial property law, we deal with matters relating to inventions, trade dress, industrial designs, trademarks, geographical indications of goods and integrated circuit layout design protection.

 

On behalf of our clients, we make claims in the event of a violation of their exclusive rights, we prepare and assist in negotiating contracts, including transfer of right agreements and license agreements, and we also provide extensive legal assistance (legal advice) in this regard.

 

Unfair competition



Our law firm helps business entities in the case of acts of unfair competition, and thus such behaviors, which consist in:

  • such an indication of an enterprise that might mislead customers as to its identity,
  • labeling goods or services with false or fraudulent markings that may mislead customers as to the origin of goods, quantity, quality, ingredients, method of manufacturing, suitability, applicability, repair, maintenance or other essential characteristics of goods or services,
  • transfer, disclosure or use of third party information being a trade secret,
  • imitating the finished product of other entities,
  • disseminating false or misleading information about own or another company in order to bring own benefit or cause damage to another company,
  • impeding access to the market for other enterprises by selling goods or services below the cost of production or rendering of services, or reselling them below purchase costs in order to eliminate other entities (dumping, dumped prices),
  • inducing third parties to refuse to sell to other enterprises or not to buy goods or services from other entrepreneurs, materially unjustified,
  • unequal treatment of some customers (boycott of customers or goods, discrimination),
  • conducting misleading or for other reasons unlawful advertising (non-factual advertising, comparative advertising, hidden advertising),
  • we also deal with matters related to parallel import of goods on the territory of Poland and matters related to internet domains.

Protection of personal rights and image



The specialization of our Law Firm in intellectual property law is inextricably linked to legal issues related to the protection of personal rights and the image. Despite the fact that the first category is protected by the provisions of the Civil Code, and the second by the provisions of the Act on Copyright and Neighbouring Rights, both are often inseparably linked and then we have to deal with the so-called cumulative legal protection. We help our principals, which in this case are usually individuals (but not only) and we take actions to eliminate infringements, and if they have already occurred, remove their consequences and obtain an appropriate financial gratuity for our principals from the person (s) responsible for the infringement.

Press law



The range of our law firm activity also includes legal issues covered by the press law, which complements other areas of our activity, including, in particular, those relating to the protection of personal rights and image, at the time of press releases infringing those rights. We advise people whose rights have been violated by the press release and press publishers.

Advertising law



In the fields of our activities, there are also issues of broadly understood advertising law. We help our clients in situations in which competitors carry out marketing activities by running an unlawful advertisement, being an act of unfair competition or use advertising elements of our principals (using someone else's reputability), which is often also a violation of the provisions of the Act on copyright and neighbouring rights.

Our Clients


We had been and continue servicing and helping companies and enterprises from various sectors of the economy, as well as individuals who encounter issues in the field of intellectual property rights in their activities.

We work for both Polish and foreign clients.

The range of work of our firm includes Polish territory.

Cytat start

The effectiveness and customers satisfaction is the most important for us!

Cytat koniec

attorney Waldemar Rakoczy

Publications


W. Rakoczy: Instruments of restructuring privatization
PUG 1993 nr 1, s. 15-20.

W. Rakoczy: Subject-related scope of application of the Act on counteracting monopolistic practices
PPH 1993, nr 15, s. 15-18.

W. Rakoczy: The use of demonopolizing instruments in the restructuring of the economy,
PUG 1993, nr 11, s. 6-11.

W. Rakoczy, J. Szwaja: Issues related to liquidation and disposal of the bank,
PUG 1995, nr 11, s. 18-21.

W. Rakoczy, J. Szwaja: Duties of the shareholder - the founder and liquidation of the bank,
PS 1995, nr 12, s. 11-13.

W. Rakoczy, J. Szwaja: Duties of the shareholder - the founder and liquidation of the bank,
ZN UJ PWiOWI, 1995, z. 66, s.99-107.

W. Rakoczy: Exhaustion of the patent in a new draft of industrial property protection code, Nowator 1996,
Nowator 1996, nr 1 s. 7-8.

W. Rakoczy: Exhaustion of the patent,
ZN UŚ 1996, nr 1, s. 22.

W. Rakoczy: Contradiction with the law as a premise of an act of unfair competition,
ZN UJ PWiOWI Ks. Pamiątkowa, 1997, z. 69, s. 151-157.

W. Rakoczy, J. Szwaja: Payments from profit, Prawo Spółek 1997, nr 7-8, s. 59-61.

W. Rakoczy: Patents [in:] Własność Intelektualna w Światowej Organizacji Handlu [WTO], pod red. J. Barty i R. Markiewicza, Kraków 1998, s. 79-94.

W. Rakoczy, I. Mika: Glossary to the resolution of the Supreme Court dated August 28, 1996, Ref. act I PZP 17/96 (regarding the employee inventive project and statement of j.g.u. about failure to obtain a patent).
OSP 199, nr 1, poz. 14..

 

Contact Us


Our office in Warsaw:
ul. Świętokrzyska 18/325, 00-052 Warszawa
phone: +48 22 257 14 85
email: office(at)kancelaria-rakoczy.pl
We are at your disposal from Monday to Friday between 9-17 (Friday 9-16).

 


Our office in Krakow:
ul. Długa 55/1, 31-147 Kraków
phone: +48 12 428 11 40
email: office(at)kancelaria-rakoczy.pl

 

 





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