Our law firm provides legal services connected to the protection of plant varieties. In addition, it is well placed to provide comprehensive legal services for companies and individuals running businesses. The range of services that are offered include representation in courts, contract law, intellectual property law, advising on matters associated with unfair competition, problems connected with tax and administrative law and debt collection at judicial stages as well as pre-litigation.
About our law firm
Joanna Pabiniak began her legal practice in her own firm in 2007 and since 2014 she has cooperated closely with legal counsel Arkadiusz Kamiński.
The scope of services
Our law firm is one of the few in Poland which specializes in providing legal services connected with legal protection of plant varieties. We have over 9 years of experience in legal protection of plant varieties. Our clients are Polish (inter alia the Research Institute of Horticulture in Skierniewice) and foreign breeders. Furthermore our law office provides legal services for companies, public administration bodies and for non-governmental organizations.
The law firm has been created by legal counsel Joanna Pabiniak and legal counsel Arkadiusz Kamiński. Our law office also collaborates permanently with other experienced lawyers, to assure a high level of service for our clients.
- Legal assistance in terms of legal protection of plant varieties and this service includes for example:
-Permanent and comprehensive legal services for companies, public administration bodies and non-governmental organizations.
-Legal representation of clients in judicial proceedings.
-Drawing up civil contracts, including agreements from IP law (licence agreements).
-Supporting clients during negotiations with contractors.
-Cases from public procurement law.
-Setting up companies.
-Registration and legal services of associations and foundations.
We are at your disposal at either your premises or indeed at our Law Firm.
When we define contract values and payment methods, we propose monthlyinstalments at a rate agreed between parties in accordance with the range of services to be carried out. Alternatively, we can provide specific work carried out using an hourly rate.
Legal protection of plant varieties is still largely unknown in Poland and the scale of infringements related to protected varieties is increasing from year to year. Granting a plant breeder’s right (PBR) to the variety enables the breeder certain financial benefits and it compensates him for the efforts involved in breeding a new variety. A breeder that has obtained PBR is entitled to receive royalties from the propagation of the variety and from the distribution of the variety (sale/ offering for sale). Legal plant protection as well as other intellectual property rights are grantedby decision of special administrative bodies. The right of the breeder is called a “plant breeder’s right” (PBR).
Our law firm effectively works against the illegal propagation and sale of plants protected by plant breeder’s rights (PBR). Our clients are Polish and foreign breeders as well as organizations who have exclusive licences in Poland for varieties protected by PBR or community plant variety rights (CPVR). We assume that in Poland, it is better to solve cases in an amicable way rather than undergoing expensive lawsuits.
We bring to a conclusion of the licence agreements with people who infringe the rights of protected plant varieties. Furthermore we have managed to elaborate some procedures on how to work against illegal propagation and sale of plants on the internet.
In certain cases where it is clear that the plant breeder’s right has been infringed and the nurseryman/ grower does not wish to solve the matter in an amicable way, it is possible to take legal action. It is also possible to obtain compensation or an injunction from the court stating that this person is not entitled to infringe the PBR of the variety.
We are convinced that the many years of experience of our lawyers will bring you many benefits, especially:
- to help to decrease the scale of unauthorized use of the variety through monitoring of the market inter alia on the Internet where the scale of piracy is largest and in this way to regain the profits fromplant breeding.
- to bring measurable financial benefits, due to the fact that many nurserymen/ growers or sellers of the plant material are not aware of plant breeder’s rights (PBR) and they will buy a licence for propagation or for sale to avoid problems and to develop their nurseries.
- to assist in drawing up professional licence agreements in favor of the breeder,
- to provide legal assistance during negotiations in Poland or in other European Union countries.
Legal counsels from our law firm publish articles in the trade press to introduce themes to readers connected with the legal protection of plant varieties. Below you can find links to information about articles.
„Szkółkarstwo” nr 1/2015 http://www.szkolkarstwo.pl/index.php?rok=2015&numer=1, „Szkółkarstwo” nr 2/2015 http://www.szkolkarstwo.pl/index.php?rok=2015&numer=2, „Szkółkarstwo” nr 3/2015 http://www.szkolkarstwo.pl/index.php?rok=2015&numer=3, „Rośliny Ozdobne” 5/2015 http://www.plantpress.pl/404,rosliny-ozdobne-5-2015.html i „Rośliny Ozdobne” 6/2015 http://www.plantpress.pl/404,rosliny-ozdobne-6-2015.html, „Truskawka, malina, jagody” nr 11/2014 .
TSW 2017 (http://www.tsw.com.pl/files/media/konferencje_tsw2017.pdf) page 14
Legal counsel Joanna Pabiniak
is a graduate of the Law and Administration Faculty of Lodz University. From 2003 until 2006 she completed a traineeship as a professional judge in the District Court of Lodz and also passed her judicial exam. Since December 2006 she has been a member of the Regional Chamber of Legal Advisors in Łódź. From February 2007 she has been working as a legal counsel, providing legal services for public administrative bodies as well as for companies. She specializes in intellectual property law, especially in the legal protection of plant varieties. In 2013 she graduated in Public Procurement Law Studies at the University in Lodz under the auspices of the Chairman of the Public Procurement Office. Legal services are also provided in the English language and her language knowledge is confirmed by a certificate of TOLES ADVANCED.
Legal counsel Arkadiusz Kamiński
is a graduate from the Law and Administration Faculty of Lodz University. From 2011 until 2014 he completed a traineeship to be aprofessional legal advisor in Lodz. Since 2014 he has been a member of the Regional Chamber of Legal Advisors in Łódź. He gained his professional experience working since 2011 with law firms in Lodz. Apart from his work in the law firm, he also works for a public administration body. Further, he was also the winner of the President of the Patent Office Competition for the best post-doctoral, doctoral, master's and student of industrial property law. His master’s thesis “Protection of geographical indications in the secondary European law” received award from the Minister of Agriculture and Rural Development. His areas of interest also include civil and corporate law.
ul.Wierzbowa 14\1 90-227 Łódź
tel. +48 604 094 924
tel. +48 698 694 365