The team of lawyers from Affre & Partners Law Firm has long, extensive experience in assisting entrepreneurs in cases relating to competition law (competition protection law), consumer law and combating unfair competition, intellectual property law, as well as conducting civil and administrative disputes both in the fields of expertise mentioned above and in other cases between entrepreneurs and relating to the labour law.
We work with entrepreneurs from the following sectors: FMCG, construction machinery and materials, electronics, IT, energy, children’s products, automotive industry, construction, e-commerce, luxury goods, furniture, finances, telecommunications, insurances, banking, real estate development, tourism, chemicals, medical devices, pharmaceuticals, transport, footwear, cosmetics, publishing and multimedia.
Our experience in providing ongoing and project-based services to entrepreneurs includes, among others:
- conducting legal analyses, elaborating opinions and memoranda concerning entrepreneurs’ current affairs;
- advisory services in the field of employment policy and relations with employees;
- creating and implementing compliance programmes;
- developing internal customer service procedures;
- drawing up reports and resolutions of ordinary and extraordinary meetings of shareholders;
- compiling records related to companies’ notification obligations towards the National Court Register;
- conducting cases and representing clients in proceedings before common courts and authorities;
- developing distribution policies;
- analysing and consulting services relating to the distribution systems used;
- supporting clients in developing their purchase policies in compliance with the competition protection law;
- conducting negotiations related to the conclusion of commercial agreements;
- examination of clients’ legal solutions, including verification of commercial agreements and sugguesting changes into existing agreements, rules and regulations, and other documents;
- providing trainings for enterpreneurs in the field of protection of consumer rights;
- legal counselling in the field of running e-commerce business;
- drawing up and examining rules and regulations of sales (including online shops), contests and promotions;
- analyses of agreements concluded with consumers – eliminating unlawful (abusive) clauses;
- examination of customers’ complaints, including legal service of complaints lodged by “difficult clients”;
- assessment and correction of planned marketing campaigns in order to minimise the risk of misleading the clients.
Sectors: FMCG, construction machinery and materials, electronics, IT, children’s product distribution, automotive industry, construction, e-commerce, food, luxury goods, furniture, telecommunications, insurances, banking, real estate development, tourism.
Our experience in projects related to the competition law includes:
- conducting legal audits, preparing and implementing compliance programmes;
- supporting clients from the FMCG and DIY sectors in developing their purchase policies in compliance with the principles of the competition law protection (drawing up and reviewing agreements with suppliers and distributors);
- developing distribution policies for leading producers in their industries, including special distribution systems, such as selective distribution systems;
- conducting analyses of the structure of planned M&A transactions for the presence of the notification obligation towards the President of the OCCP or the European Commission;
- preparing applications and reporting proposed concentrations to the President of the OCCP;
- supervising notification proceedings before antitrust authorities (President of the OCCP or foreign bodies) until the consent for concluding a transaction is given;
- representing clients in administrative proceedings before the President of the OCCP relating to competition-restricting agreements and abuse of dominant position;
- participating in inspections with searches in clients’ premises carried out by the President of the OCCP.
Sectors: construction machinery and materials, heavy industry, chemicals, pharmaceuticals, medical equipment, telecommunications, publishing and multimedia, FMCG, DIY, transport, automotive industry, distribution of children’s products, electronics, furniture
Our experience in the field of performing legal audits (due diligence) of our clients’ businesses:
- elaborating overview and thematic reports on the admissibility of adopting particular legal solutions;
- examination and assessment of trademark value;
- compiling documentation for audits;
- analyses of agreements and other commercial documents;
- conducting interviews with employees of various levels;
- indicating legal risks related to clients’ business activities;
- developing comprehensive reports presenting the results of audits with an indication of infringements / risks and recommendations of solutions eliminating identified infringements;
- implementing solutions minimising risks indicated in the report, including compliance programmes.
Sectors: electronics, FMCG, banking, telecommunications, publishing and multimedia, energy, medicine, automotive industry
We have carried out the following projects in the field of consumer law:
- drawing up and reviewing rules and regulations of online shops, including assessment of their provisions for the compliance with consumer law;
- drawing up and reviewing agreements for clients from the financial sector, including the assessment of their compliance with the requirements of the Consumer Credit Act;
- representing clients in cases for using abusive clauses brought before the Court of Competition and Consumer Protection by consumer associations;
- representing clients from the financial sector in proceedings relating to infringement of consumers’ collective interests conducted before the President of the OCCP;
- legal supervision over the performance of information obligations by the clients, in the fields of advertising (presentation and description of products in promotional leaflets and on the website, special offers) and product labelling.
Industries: electronics, FMCG, finances, footwear, e-commerce
In the field of the protection of intellectual and industrial property rights we have carried out the following projects:
- examination of admissibility of trademark and industrial design registration;
- compiling documentation necessary to register and renew trademark protection in Polish (Polish Patent Office), european (EUIPO) and international (International Bureau of the World Intellectual Property Organisation) institutions;
- monitoring trademark-related proceedings;
- preparing legal opinions relating to the trademark registration admissibility;
- advisory services related to trademark portfolio optimisation;
- supervising a leading FMCG producer’s portfolio of more than 500 trademarks;
- representing clients in disputes relating to trademarks, utility models and patents;
- representing clients in a dispute before the Court for Community Trademarks and Industrial Designs concerning infringement of trademark and trade name, as a result of which the client’s competitor was obliged to change the trade name;
- drawing up agreements for trademark transfers;
- combating infringement of protective trademark rights on the Internet, including the prosecution of trademark rights infringements on websites and online auctions;
- representing a client – producer of home appliances – in proceedings before the European Union Intellectual Property Office concerning a dispute over the invalidation of industrial designs.
Sectors: footwear, FMCG, electronics, finances, cosmetics, e-commerce
Our support in combating acts of unfair competition and copyright infringement has so far included:
- representing clients in the pre-court phase, which includes formulating requests to refrain from committing acts of unfair competition, negotiating with entities accusing the client of infringements and infringing parties;
- representing clients before common courts and the Supreme Court in cases relating to acts of unfair competition, e.g. violation of business secrets, imitation of product, labelling goods or services in a misleading way, spreading false information about the entrepreneur and their products;
- preparing opinions concerning the existence of risk of committing an act of unfair competition;
- representing retailers in proceedings relating to the so-called slotting allowances;
- representing a client in a dispute before the Court for Community Trademarks and Industrial Designs concerning infringement of industrial design rights and copyrights and committing acts of unfair competition.
Sectors: FMCG, IT, electronics, cosmetics, footwear, DIY
Our experience in labour law-related projects includes:
- preparing drafts of employment and management contracts;
- analyses of admissibility of termination of employment relationship and compiling documentation necessary to terminate the employment relationship, monitoring and controlling on an ongoing basis the procedure of termination of employment contract;
- drawing up regulations required by the labour law, as well as additional internal regulations, e.g. bonus policy, employee pension schemes;
- providing support during employment restructuring (also in the event of collective redundancies);
- preparing procedures and documentation needed for posting employees to work abroad on a temporary basis.
Sectors: automotive, health and beauty, construction, construction machinery
Our involvement in our clients’ projects related to personal data protection has included the following areas:
- reporting personal data files to be registered by the Inspector General for Personal Data Protection;
- compiling internal documentation relating to the protection of personal data for entrepreneurs;
- preparing reviews and agreements concerning the admissibility of processing personal data, outsourcing this process and responsibilities of a data administrator;
- analyses of Company’s existing internal documents relating to personal data processing.
Sectors: automotive industry, electronics, FMCG, e-commerce
As regards conducting court disputes and administrative proceedings, our experience includes:
- elaborating trial strategies;
- preparing procedural documents in pre-trial and court proceedings;
- representing clients in civil disputes concerning payments, in particular in cases relating to unfair competition and failure to perform or improper performance of commercial agreements;
- representing clients in disputes for compensation, e.g. an owner of shopping centres in a dispute against the insurer concerning the payment of compensation;
- representing clients, including press and online publishers, film directors, actors and models in disputes concerning the infringement of personal interests (e.g. infringement of personality rights)
- representing clients in disputes concerning infringement of trade name, trademark, industrial design, committing an act of unfair competition;
- developing further steps as part of international legal assistance institution;
- participation in settlement negotiations;
- conducting proceedings before the President of the OCCP relating to competition-restricting agreements, abuse of dominant position and infringement of consumers’ collective interests;
- representing employers in labour disputes, in cases relating to individual and collective redundancies, including settlement negotiations with employees.
Sectors: arts, electronics, footwear, IT, services for natural persons, FMCG, electronics, construction, finances, energy, telecommunications, insurances, real estate development, tourism, water supply, e-commerce