Newsletter SSW
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PL / EN / DE / FR

PL / EN / DE / FR

Services for the regulated sector

Conducting regulated business activity generates many challenges for entrepreneurs. Regulations referring to entities operating in such sectors are very rigorous and increasingly restrictive, and what is more, they often change and require special approach. Therefore, companies wanting to operate in regulated sectors are obliged to meet additional legal requirements, and in particular – seek the award of appropriate permits, licences and consents.

Regulated industries, including the pharmaceutical, food, medical devices and cosmetic sectors, are developing in Poland very quickly and dynamically. This is why entrepreneurs are exposed to frequent audits by competition protection bodies and supervisory authorities, as well as claims made by consumers.

We are aware that efficient and reliable legal consultancy in such sectors requires not only exceptional knowledge of the law, but also knowledge of how these industries operate and understanding the phenomena taking place in the market.

Because of this, an interdisciplinary team of lawyers operates in the SSW firm, advising companies from regulated sectors, in particular with regard to active compliance management, and providing assistance if law has been violated.

The knowledge of the market, innovative solutions and long-term experience enable us to provide legal advisory services in a manner which ensures business effectiveness, but first and foremost – provides a high level of legal security for our clients and their enterprises.

Key consultancy areas:

  • Advisory services concerning classification, labelling, marketing and advertising food stuffs, including alcohols, cosmetic and pharmaceutical products
  • Advisory services in formulating information addressed to consumers in compliance with the law and assistance in verifying product presentation, particularly in online stores
  • Advisory services in parallel imports
  • Development and negotiation of commercial contracts allowing for special legal requirements which one of the parties to the contract is obliged to observe
  • Development and auditing of distribution contracts used by producers and distributors
  • Legal support in construction of distribution and trademarketing structures (including loyalty schemes, sales support, preparing documentation for discount and bonus schemes)
  • Representing clients in administrative proceedings before supervisory authorities, such as Inspectorate for Commercial Quality of Agricultural and Food Products, Central Sanitary Inspectorate
  • Support for processes connected with the withdrawal of products from trade
  • Protection of intellectual property rights
  • Assistance to entrepreneurs in inspections conducted by public administration bodies

Food sector:

  • Advice for a food producer in connection with their products being counterfeited
  • Support for a producer of alcohol in terms of commercial contract law, issuing opinions on competition-restricting practices used by competitors
  • Service for a food producer with regard to administrative disputes and administrative court proceedings in cases concerning commercial quality of agricultural and food products (proceedings before the Central Inspectorate for Commercial Quality of Agricultural and Food Products)
  • Audit on personal data processing by companies from the capital group dealing with production of mealy and cereal products
  • Preparation and negotiation of a licence agreement concerning the use of copyright with regard to logotypes by an entity operating a chain of large-area shops for the benefit of a licensor
  • Support for an importer and seller of wines with regard to regulatory issues involved in online wine sales
  • Drafting a legal opinion on labelling and advertising of alcohol products as well as placing information on the content of psychotropic substances in advertising materials
  • Verification of marketing materials concerning alcoholic beverages and tobacco in terms of legal regulations on advertising
  • Issuing opinions on the reservation of commercial space (including the so-called hot zones) and exclusivity, among other things for leading producers of alcohol and sweets
  • Drafting of a legal opinion on the strategy for defending a reputable brand in court and administrative court proceedings
  • Advisory services connected with personal data protection for a producer of baby foods
  • Tax service, including service connected with tax optimisation of a mineral water producer
  • Preparation and negotiation of a franchise agreement concerning the sale of FMCG products in a chain of shops, including a licence agreement concerning distinguishing markings and know-how
  • Advisory services for an industry-based investor with regard to the sale of a chain of delicatessen stores
  • Participation in the proceedings before the National Securities Depository (KDPW) with regard to the registration in the deposit of shares issued by a producer of alcohols  in France (a company listed in dual listing at a stock exchange in France – Euronext and in Poland – GPW)
  • Legal service for the relocation of the head office of a chain of convenience stores in Poland, complex support in the process of negotiation and conclusion of a lease agreement for office space (around 4,300 sq.m.)
  • Advisory services to an entrepreneur from the food sector, in a case concerning the refund of charges for marketing, promotional and logistic services unduly paid to the defendant operating a chain of stores

Cosmetic sector:

  • Regular cooperation and support for the Polish Association of Cosmetic Industry – advice to PACI governing bodies in the course of meetings, and participation in meetings of working groups
  • Advisory services in parallel imports to an FMCG and OTC product distributor
  • Verification of compliance of personal data processing for an international producer of cosmetics
  • Analysis of the legal situation connected with the infringement of intellectual property rights vested in the distributor of the FMCG products by the producer of those products, as a result of unauthorised use of elements of the graphic design of packaging created by the distributor.

Clothes sector:  

  • Ongoing legal service for one of the largest and most reputable clothes brands in Europe which is a tenant in over 100 locations in Poland
  • Advisory services to a clothes manufacturer in the process of sale of a developed real property allocated for the implementation of a commercial investment (business activity, serviced) by a commercial developer leading in the Polish market
  • Issuing opinions on meeting the requirements concerning indication of ingredients, description and presentation of prices for an international online store from the textile industry
  • Advisory services with regard to marketing activity, including opinions on loyalty schemes, promotional campaign regulations, commercial spots, sponsoring agreements, agreements concerning actors lending their image for advertising purposes, submitting requests for interpretation to the Ministry of Finance with regard to promotional lotteries
  • Acquiring and maintaining protection for trademarks in domestic, Community and international registration bodies
  • Verification of compliance of personal data processing by an international corporation from the clothes industry
  • Representing a Polish underwear manufacturer in proceedings before the court for competition and consumer protection to declare provisions of a model agreement as abusive
  • Verification of meeting the safety requirements for products dedicated for children and their labelling
  • Preparation of regulations of promotional campaigns addressed to customers of a chain of clothes stores

Medical sector:

  • Drafting an opinion on the existence of an obligation to notify the intended concentration by a leading Polish producer from the OTC sector
  • Complex legal service for a split of a group of medical companies
  • Preparation and negotiation of a trademark licence agreement for a manufacturer of medical devices
  • Legal advice concerning the possibility of using a surname, logotype, brand for the benefit of an entity operating a medical clinic
  • Splitting a company which creates and manages innovative medical projects through the extraction of part of assets and placing them into a related party to enable an industry investor to take over control of that company
  • Drafting a legal opinion on the rights to use software for an entity providing medical equipment maintenance services