We assist our clients in securing protection of their intellectual property, from obtaining and maintaining rights, through commercialization, transfer of rights, and advice when potential disputes arise. Applying our many years of experience, specialized knowledge and business approach, we provide services to our clients in the areas of copyright, rights to databases, protection of know-how and industrial property rights (particularly trademarks and industrial designs).
What is intellectual property, and why is it so important to protect it?
Intellectual property includes intangible creations of the human mind, such as musical and literary works, but also symbols, names and designs used in commerce. Immaterial goods of this type may carry significant value for the organization and make up a major element of its assets.
This value can be protected by obtaining intellectual property rights (such as copyright, patents, or trademark registrations), thus enabling holders to secure and commercialize trademarks, industrial designs and commercial designations.
Challenges for firms connected with IP protection
Protection of intellectual property rights rarely arises on its own. Typically, securing proper protection requires specific formal steps to be taken, such as:
- Conclusion of a licence agreement
- Registration of a trademark
- Registration of an industrial design
- Registration of a trade name
- Filing of a patent.
Efficient, successful protection of the organization’s intangible goods requires the right experience and knowledge of intellectual property law.
IP protection—benefits for the organization
Properly securing intellectual property generates measurable benefits for the organization:
- Full exploitation of valuable intangibles
- Ensuring the uniqueness of the company’s intangible goods
- Protection against unfair competition, such as unauthorized copying or imitation of works, trademarks, or industrial designs.
The interdisciplinary approach by KPMG Law adds value to its IP protection services. We approach the client’s challenges comprehensively, covering legal, tax and business advisory. In many IP protection projects, we draw on the experience of the KPMG tax advisory division, which is particularly relevant in commercialization of intellectual property rights.
KPMG Law support in IP protection
In our intellectual property practice, we provide our clients comprehensive legal advisory on protection of IP rights, including copyright, rights to databases, protection of know-how and industrial property rights (particularly trademarks and industrial designs).
Advice at the stage of obtaining intellectual property, including:
- Drafting and advising on agreements transferring copyright and know-how
- Drafting and verifying licensing and similar agreements
- Securing the employer’s interests in works by employees and works created by subcontractors on a B2B basis, in particular programmers, and structuring contracts in a manner enabling the deduction of 50% revenue-earning costs
- Registration of industrial property rights and correspondence with IP protection offices
- Analysis of the registrability of industrial property rights, particularly trademarks and industrial designs
Support in transfers of intellectual property rights or establishing security interests against IP collateral, in particular:
- Drafting and advising on agreements transferring IP rights
- Advice on pledging of IP rights
- Advice on transfers of technology, in Poland and internationally
- Due diligence concerning risks for the investor related to the consequences of planned transactions for acquired IP rights
Advice on the use of copyright, databases, and industrial property rights, in particular:
- Drafting and advising on licensing and franchising agreements
- Drafting and advising on contracts and terms and conditions for use of works in a subscription model.
Support for clients in intellectual property disputes, particularly infringement, including:
- Conducting pre-litigation correspondence
- Assistance in negotiations with the other party
- Representation in judicial proceedings and before authorities for registration and protection of intellectual property at the Polish, EU and international level
- Appearance as an auxiliary accuser in IP infringement offences
Conducting optimization projects for reuse of intangibles for reorganized corporate groups and restructured entities
Training for clients’ management and staff tailored to each client’s needs
About us
Experts from KPMG Law with many years of experience are involved in supporting organizations in the area of intellectual property protection. We have successfully completed numerous complex projects in this area. We stand out for our comprehensive approach to delivering our services. Thanks to the activity of the extensive network of KPMG firms and the ability to draw on the experience of tax advisors, business advisors and other professionals, our services extend well beyond traditional legal advisory.
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