Marcin Fijałkowski
Biography
Marcin Fijałkowski heads the IP team in the Warsaw office. He has been practicing law in the field of intellectual property since 2003. He represents clients before civil, criminal and administrative courts, the Polish Patent Office, the European Union Intellectual Property Office (EUIPO) and the Warsaw Arbitration Court for Domain Names. Marcin has also worked in the Baker McKenzie Zurich office on Pan-European IP enforcement programs. Marcin Fijałkowski is registered with the European Patent Institute (EPI), and is a professional legal representative for the EUIPO in Alicante. Marcin is a member of INTA, Marques and AIPPI and represents the International Association for the Protection of Intellectual Property (AIPPI) Enforcement Committee in front of the EU Observatory. He is recommended as a leading individual in the area of intellectual property in Poland by various international rankings, such as: Chambers Europe, Legal 500, World Trademark Review and Managing Intellectual Property.
Practice Focus
Marcin focuses his practice on IP enforcement and prosecution, civil and criminal litigation, copyright law and unfair competition law. He offers sound knowledge in handling important IP portfolios of international firms in various industries, including pharmaceutical, tobacco and FMCG sectors.
Representative Legal Matters
- Successfully represented one of Poland's biggest producers of confectionery regarding their most renowned brand, which helped the client to create and implement a strategy which led to reacquiring the distinctiveness of their degenerated trademark after a 10-year legal battle consisting of a series of litigation proceedings.
- Represented a multinational pharmaceutical company in a major patent litigation case over an insulin pen. This litigation case involved the issue of enforcing European patents under Polish law, and in particular the interpretation of patent claims written from a functional perspective.
- Advising an American multinational conglomerate corporation operating in the fields of industry, worker safety, health care, and consumer goods in domain name arbitration cases, trade mark infringement cases, anti-counterfeiting cases, patent filings and IP commercial.
- Represented a European sports association in connection with intellectual property issues such as litigation against a Polish tour operator for unfair competition and trade mark infringement.
- Advising a social media company with respect to the alleged infringement of third party trademark rights by our client’s communities. These matters have a significant influence on the client’s policy with respect to take-down notices reported from Polish entities and with respect to content available to Polish social media users.
- Advised an American multinational technology company with respect to a number of proceedings that target fake online stores. These stores misrepresent themselves as our client’s authorized resellers, often sell fake products and use the client's trademarks on their websites and domain names containing the client's trademarks.
- Representing a multinational FMCG company in an unfair competition litigation case against one of its main competitors in Poland. The defendant introduced a new series of ice-creams on the Polish market in similar packaging to our client’s series.
- Advised a multinational Asian conglomerate on its marketing agreements related to the launch of new advertisement campaigns.
Professional Honors
- Band 1, Intellectual Property, Chambers Global 2026
- Band 1, Intellectual Property, Chambers and Partners Europe 2025
- Leading Partner, Intellectual Property, Legal 500 EMEA 2025
Professional Associations and Memberships
- Warsaw District Chamber of Legal Advisers - Member
- Polish Association of Patent Attorneys - Member
- Institute of Professional Representatives before the European Patent Office (EPI) - Member
- AIPPI - Secretary of the Polish National Group
- INTA - Member
- Marques - Association of European Trademark Owners - Member
- Office for Harmonization in the Internal Market - Member
Admissions
- Poland (2007)
Education
- HEC Paris (2002)
- Warsaw School of Economics (Master of Arts) (2001)
- University of Warsaw (Master of Arts) (2000)
Languages
- English
- French
- Polish
Previous Offices
- Zurich
Baker McKenzie Krzyżowski i Wspólnicy sp.k. with its seat in Warsaw, registered office: Chmielna 69, 00-801 Warsaw, Poland, entered in the register of business entities of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, KRS 0000136677, NIP 5262656141.
Partners: Weronika Achramowicz, Marcin Chyliński, Marcin Fijałkowski, Łukasz Hejmej, Marcin Iwaniszyn, Katarzyna Kopczewska, Tomasz Krzyżowski, Piotr Rawski, Filip Uziębło, Baker McKenzie Doradztwo Podatkowe sp. z o.o.
Baker McKenzie Krzyżowski i Wspólnicy sp.k. is a member of Baker & McKenzie International.