Marcin Fijalkowski

Marcin Fijałkowski

Partner
Baker McKenzie Krzyżowski i Wspólnicy sp.k.

Biography

Marcin Fijałkowski heads the IP team in the Warsaw office. He has been practicing law in the field of intellectual property since 2003, and 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. He is a member of INTA, Marques and AIPPI and represents the International Association for the Protection of Intellectual Property (AIPPI) Enforcement Committee before the EU Observatory. He is recommended in the area of intellectual property in Poland in rankings including Chambers Europe, Legal 500, World Trademark Review and Managing Intellectual Property.

Practice Focus

Marcin is a leading intellectual property lawyer focusing on trademark, patent, copyright and unfair competition law. He advises global and regional IP right holders on portfolio strategy, enforcement, litigation, anti-counterfeiting and transactional IP matters across Europe. His practice spans technology, pharmaceuticals, FMCG, consumer products, manufacturing and defense, and includes representing clients before the Polish Patent Office, EUIPO, WIPO and domestic courts in high-stakes, cross-border disputes involving valuable and strategically important brands.

Representative Legal Matters

  • Successfully represented one of Poland’s biggest producers of confectionery regarding their best-known brand, which helped the client create and implement a strategy that 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 major patent litigation over an insulin pen. This case involved enforcing European patents under Polish law, and in particular the interpretation of patent claims written from a functional perspective.
  • Advised an American multinational conglomerate corporation in the fields of industry, worker safety, health care and consumer goods in domain name arbitration cases, trademark infringement cases, anti-counterfeiting cases, patent filings and IP commercial law.
  • Represented a European sports association in connection with intellectual property issues such as litigation against a Polish tour operator for unfair competition and trademark infringement.
  • Advised 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 takedown notices 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 unfair competition litigation against one of its main competitors in Poland. The defendant introduced a new series of ice cream products 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 advertising campaigns.
  • Successfully presented a producer of wagons in a patent litigation in front of the IP Court in Warsaw. Our client obtained a very significant compensation for patent infringement as the result of a settlement agreement concluded before the Court.
  • Successfully represented a major European producer of pharmaceuticals in a front of the Polish Supreme Court in a litigation over the parallel importation of pharmaceuticals from another EU member state. The Supreme Court issued a precedent responding in favor of trademark holders regarding the limits of rebranding of parallel imported products.

Professional Honors

  • Band 1, Intellectual Property, Chambers Global 2026
  • Band 1, Intellectual Property, Chambers and Partners Europe 2026
  • Leading Partner, Intellectual Property, Legal 500 EMEA 2026

Professional Associations and Memberships

  • Warsaw District Bar Association – 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 Harmonisation 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