Fijalkowski, Marcin

Marcin Fijalkowski

Partner
Baker & McKenzie Krzyzowski i Wspólnicy Spólka Komandytowa

Biography

Marcin Fijalkowski heads the Warsaw IP team. He has been practicing law in the field of intellectual property since 2003, and has been recommended for IP law advice by Chambers Global and Chambers Europe 2015. He represents clients before civil, criminal and administrative courts, the Polish Patent Office, the European Patent Office, the European Union Intellectual Property Office and the Warsaw Arbitration Court for Domain Names. Mr. Fijalkowski has also worked in Baker McKenzie's Zurich office on pan-European IP enforcement programs. Additionally, he co-authored the law on ambush marketing for the Polish Ministry of Economics.

Practice Focus

Mr. Fijalkowski 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 representing one of Poland's biggest producers of confectioneries in recovering its nationalized trademark.

  • Advising and coordinating actions taken in Poland, Russia and the Baltic states against distributors of counterfeit body painting products. 

  • Representing a pharmaceutical company in patent litigation relating to the application of the equivalent theory in court’s practice .

  • Representing a leading producer of smartphones with respect to fake online stores claiming to be authorized resellers and offering counterfeit or gray market products.

  • Representing a leading FMCG company in civil litigation over look-alike products.

  • Advising a renowned producer of leisure products in actions against parallel importation from North America.

  • Representing pharmaceutical companies in civil litigation over the parallel importation of OTC drugs to Poland.

  • Representing Poland's biggest TV broadcaster in an unfair competition litigation case over the must offer/must carry obligations.

  • Representing a European sports association in civil and criminal proceedings against a Polish tour operator for unfair competition and trademark infringement.

Professional Honors

  • "Valued by clients for his detailed advice and wide knowledge of IP matters" - recommended in Intellectual Property, Chambers Europe and Chambers Global, 2015

  • Recommended for IP in Poland, Legal 500, 2015

  • "Very popular" - named "IP Star," by Managing IP 2015

  • "A real star in the field. Clients simply love him due to his expertise and also his linguistic skills (…). He is a formidable litigator and a very strong negotiator." - recommended for enforcement/litigation and prosecution in Poland, World Trademark Review

  • Recommended for Trademarks in Poland within Guide to the World’s Leading Trade Mark Lawyers, Expert Guides 2014, Legal Media Group

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