Protection of Property Rights
The Joanna Jakubowska-Zawada law firm provides legal advice and representation in matters of property protection. Issues of property law apply to virtually all branches of law, and are manifested in matters relating to the ownership of movable and immovable property, intellectual property, including copyright and related rights, industrial property, including inventions, trademarks, industrial designs, utility models, unfair competition, business secrets and know-how, new technology rights.
Movable and immovable property
The right of ownership of property is a fundamental right in rem of an absolute nature, effective against all other persons, while third parties are obliged to respect someone else’s right of ownership. If the owner of an object is found to be infringing on property, the basic tool of civil law, which serves to protect property, is a petitioner’s claim, which takes the form of a debt recovery claim, a negatory claim and supplementary claims. The Law Firm provides assistance in determining the ownership right, analysis of the legal status of things, possible and recommended proposals for solving the case, including conducting pre-litigation proceedings and representing clients in court proceedings aimed at ensuring protection of the ownership right and restoring the state in accordance with the owners’ expectations.
Intellectual and industrial property
The Law Office provides full legal assistance in matters of ensuring protection of intellectual property and industrial property. Intellectual and transmission property law is a group of legal regulations of great importance to all participants of economic turnover which they represent:
copyright and related rights
Copyright and related rights protect such manifestations of human activity as science, journalism, architecture, music and literature. These creations of work and skills that accompany us every day always have their author, who has both economic copyrights and personal copyrights to his works.
The author’s economic copyrights are held by the author, giving him the exclusive right to use the work and dispose of it in all fields of exploitation and to remuneration for the use of the work. The author’s economic rights are traded, transferable and inheritable. The nature of the rights and statutory regulations allow these rights to be sold and acquired in the form of an agreement for the transfer of author’s economic rights and in the form of a licence agreement.
Personal copyrights protect the creator’s relationship with the work, which is unlimited in time and not subject to renunciation or disposal, and include the right to authorship of the work, marking the work with one’s name or pseudonym, making it available anonymously, inviolability of the content and form of the work and its reliable use, deciding on the first making available of the work to the public and supervising the use of the work.
Related rights include the artistic performance of a work or a work of folklore art, the right to use a phonogram or videogram, broadcasting rights, first editions and scientific releases.
Within the scope of providing legal assistance in the field of copyright and related rights, the Law Firm of Joanna Jakubowska-Zawada is particularly interested:
- draws up, analyses and negotiates agreements concerning economic copyright and related rights,
- advise on how to protect personal copyrights,
- represents the Clients in disputes concerning the infringement of copyright both in pre-litigation, mediation proceedings and before common courts, including those concerning, among others, musical works, audiovisual works, photographs of websites, computer programs, photographs.
Inventions, trademarks, industrial designs, utility models
Inventions, trademarks, industrial designs, utility models are a carrier of special value for each entrepreneur, as they allow to identify the origin and quality of a specific product or service. The Law Firm acts on behalf of individuals and enterprises, assisting in drafting, negotiating and analysing contracts directly related to industrial property and related know-how, trade secrets, competition protection and combating unfair competition.
The Law Office provides legal assistance in the following areas:
- obtaining protection certificates and patent documents,
- Preparation and negotiation of contracts for the transfer of rights and licensing of trade marks and other signs of goods and entrepreneurs,
- representation in litigation proceedings before the Patent Office,
- representation in court, administrative and arbitration proceedings in disputes concerning the infringement of industrial property rights, including cases of unfair competition,
- assess the correct use of industrial property objects,
- supporting clients and reacting promptly to infringements of their rights.
The law firm of Joanna Jakubowska-Zawada helps entrepreneurs apply the principles of fair competition and operate in accordance with respect for consumer rights. As a part of constant legal service or ad hoc assistance, she advises how to effectively defend against unfair market practices. As far as acts of unfair competition are concerned, the Law Firm deals with such matters as:
- Misleading business designation,
- misleading designation of goods or services,
- false or fraudulent indication of the geographical origin of goods or services,
- product imitation,
- disseminating false or misleading news about an entrepreneur or company, its products or services,
- slander or unfair praise,
- inciting non-performance, improper performance or termination,
- hindering market access,
- use of unfair or prohibited advertising,
- breach of business secrets,
- organizing avalanche sales,
- bribery of a person in a public function.
In the above areas, the Law Firm provides assistance in drafting, verifying and negotiating contracts and agreements, prepares agreements concerning non-competition, confidentiality or corporate secrecy, analyses of business projects in terms of the risk of potential violations, advises in the orders of Auditing Compliance, conducting court and mediation disputes.