IP, IT and Data protection
We support businesses with 360-degree legal advice in the area of new technology and IT. We have extensive experience in the field of personal data protection (GDPR), including regulated industries. We provide assistance in matters related to the protection of industrial and intellectual property, including trademarks, patents and copyright.
BSJPtech
Clients operating in various segments of the new tech market, in particular IT, e-commerce and innovation, are offered comprehensive legal services through the dedicated BSJPtech department.
BSJPtech comes as an interdisciplinary, highly specialised team of attorneys-at-law and patent attorneys. We advise Polish and foreign entities, including both large corporates and those at the initial stages of growth (start-ups).
- comprehensive legal advice on innovative projects carried out within multidisciplinary teams, with particular focus on start-ups, covering areas such as: corporate consulting, investor relations, preparation and negotiation of contracts with contractors, compliance (including regulatory advice, AML, personal data protection), protection and commercialization of intellectual property, labour law;
- preparation, assessment and negotiation of contracts for the development and implementation of IT systems, both under waterfall and Agile / Scrum methodologies, license agreements (including the use of open-source software), service-level agreements (SLAs), software maintenance and development agreements;
- preparation, assessment and negotiation of contracts for cloud services (SaaS, IaaS, PasS), advice on the implementation of services based on cloud solutions, including personal data protection issues;
- preparation, assessment and negotiation of bodyleasing and IT services outsourcing contracts;
- advice in disputes over non-performance or improper performance of IT contracts, including representation in proceedings before common courts, arbitration courts and in settlement talks;
- comprehensive legal services for IT projects carried out under the public procurement regime.
- audits of personal data protection system within an organization (both at the pre-implementation stage and as an element of verifying the correctness of implementation);
- comprehensive advice on the implementation of necessary organizational and technical solutions compliant with the requirements of the General Data Protection Regulation (GDPR), including the preparation of required documents (registers, policies, procedures, information clauses, agreements on data processing), including regulated industries;
- trainings for employees and other persons who have access to personal data processed in a given organization, including dedicated trainings, e.g. the processing of personal data in a specific department (HR, marketing, etc.) or general personal data protection issues in a given organization, addressed to all employees processing personal data in a given organization, with particular attention to personal data security;
- outsourcing Data Protection Officer’s (DPO’s) duties and providing ongoing support to internal DPOs;
- preparing an organization for a control carried out by the supervisory authority (the President of the Personal Data Protection Office);
- advice on reporting violations to the supervisory authority (the President of the Personal Data Protection Office) and notifying data subjects of data protection violations;
- representation in proceedings before the supervisory authority (the President of the Personal Data Protection Office), including inspection proceedings and proceedings concerning infringements of data protection regulations;
- advice on the development and implementation of innovative services and business processes in terms of ensuring compliance with the requirements under the General Data Protection Regulation (GDPR).
- advice on the selection of legally- and cost-effective protection strategies;
- patent search, including patentability search, patent clearance search and state of the art search, along with preparation of opinions in this respect;
- trademark registrability clearance;
- enterprise due diligence in terms of intangible assets and exclusive rights;
- filing applications for inventions, trademarks and designs; representation of applicants in proceedings within the domestic (Polish Patent Office), regional (EUIPO, EPO) and international (WIPO, PCT) system;
- validation of European patents, specialist translations;
- management of an exclusive rights portfolio, including payments monitoring and protection renewals;
- representation in disputes before patent offices (Polish Patent Office, EUIPO, EPO) and courts, in particular in opposition proceedings and proceedings for declaring invalidity or revocation (cancellation) of exclusive rights;
- counselling in disputes on infringement of exclusive rights and acts of unfair competition, including representation in proceedings before common courts, arbitration courts and in settlement talks;
- counselling in domain name disputes, including representation in proceedings before the Court of Arbitration for Internet Domains at the Polish Institute of Information Technology (domain.pl) and before the WIPO Court of Arbitration (domain.com);
- customs protection of intellectual property rights, including preparation of applications for action by customs authorities and representation of entitled parties before customs authorities;
- preparation and negotiation of agreements within the scope of commercialization of exclusive rights, including transfer of exclusive rights, license agreements, franchise agreements on cooperation in the field of R&D works and know-how usage agreements.
- preparation and negotiation of license agreements and agreements transferring copyrights and related rights;
- legal advisory services in the area of traditional and Internet marketing, organization of advertising campaigns and promotional actions, including opinions on advertising materials and preparation of the required legal documentation (regulations, clauses etc.), with particular emphasis on protection of intellectual property, image and personal data;
- preparation and negotiation of image usage agreements;
- preparation and negotiation of marketing service agreements (with advertising agencies, interactive agencies, media houses, etc.);
- advice on conclusion of agreements and in disputes with collective management organizations;
- due diligence of enterprises in terms of intangible assets and exclusive rights;
- advice in cases concerning infringement of copyright, related rights, image rights and personal rights, including representation in proceedings before common courts and in settlement talks.
