Maciej Kubiak

Attorney, Partner

At LSW

A specialist in the area of intellectual property (IP) with particular focus on copyrights, including media, film, press, computer and new technologies law, as well as innovations, advertising, competition and personal rights protection. He represents clients in complex lawsuits concerned with the protection of intellectual property and economic matters.

He has carried out dozens of projects providing legal services for film and television productions, including high budget international co-productions. He also advises many television producers, music labels, book publishers, concert organizers and organizers of other cultural and sporting events.

Maciej consults on advertising projects and marketing enterprises and strategies. He also advises on projects connected with innovations, new technologies and commercialization of scientific research (R&D), as well as in matters concerning unfair competition and unfair commercial practices.

Maciej has been recommended by reputable international legal guides: Chambers & Partners in the fields of Technology & Media (TMT) and Intellectual Property (IP) and also mentioned by Legal 500 in IP. He is an arbitrator for the Arbitration Court of the Audio-visual Market (SARA).

Before LSW

Graduate of the Law and Administration Faculty at Warsaw University, with a post-graduate degree in Intellectual property law at Warsaw University as well as the Center for American Law Studies (University of Florida/Warsaw University) and also the Centre for English and European Legal Studies (University of Cambridge/Warsaw University). He gained experience in the department of intellectual property at the Sołtysiński Kawecki & Szlęzak law firm. He is admitted as an attorney at the Warsaw Bar Association.

About Maciej

Maciej fulfils his passion for the legal profession by sharing his knowledge in the area of intellectual property law. He is the author of many publications in that respect and is also the chief editor of the LSW IP BLOG – a blog for the creative industry and business (lswipblog.pl). He is regularly invited as a speaker at workshops, conferences and panels and lecturer at seminars and studies (including: H. Grocjusz Center for Intellectual Property Law in Cracow, Association for Marketing Communication SAR Advertising University, MediaRun Academy, National Chamber of Film Producers). In his free time, he likes to  contemplate and curate his personal record collection of rock music, read thrillers and reportages as well as take photographs.

29.01.2018, MONITOR-ZAMOWIEN.PL

(we współpracy z Kingą Rochalską)

GDPR – the personal data protection regulation

https://www.monitor-zamowien.pl/artykul/rodo

17.01.2018, LSW IP BLOG

(we współpracy z Maciejem Dudkiem)

Accountability – the new personal data protection philosophy

http://lswipblog.pl/pl/2018/01/rozliczalnosc-czyli-o-nowej-filozofii-ochronie-danych-osobowych/

 05.02.2018, LSW IP BLOG

(in cooperation with Maciej Dudek)

Accountability –a new philosophy in personal data protection

http://lswipblog.pl/en/2018/02/accountability-a-new-philosophy-in-personal-data-protection/

18.01.2018, LSW IP BLOG

It’s the economy, stupid!

http://lswipblog.pl/en/2018/01/its-the-economy-stupid/

30.03.2017, LSW IP BLOG

All shades of… Gray. What does intellectual property have in common with moving to another office?

http://lswipblog.pl/en/2017/03/all-shades-of-gray-what-does-intellectual-property-have-in-common-with-moving-another-office/

16.03.2016,

Commentary to Industrial Property Law - publisher C.H.Beck, 2016 (co-author)

03.02.2016, LSW IP BLOG

What is the price of copyright infringement?

http://lswipblog.pl/en/2016/02/what-is-the-price-of-copyright-infringement/

28.01.2016, LSW IP BLOG

(in cooperation with Marta Galińska)

What's new in the Operational Programs of the Polish Film Institute in 2016?

http://lswipblog.pl/en/2016/01/whats-new-in-the-operational-programs-of-the-polish-film-institute-in-2016/

26.01.2016, LSW IP BLOG

(in cooperation with Mateusz Zawadka)

Are changes in access to online services within the EU possible?

http://lswipblog.pl/en/2016/01/are-changes-in-access-to-online-services-within-the-eu-possible/

18.12.2015, LSW IP BLOG

(in cooperation with Mateusz Zawadka)

The crest contour of FC Barcelona will not be a registered trademark

http://lswipblog.pl/en/2015/12/the-crest-contour-of-fc-barcelona-will-not-be-a-registered-trademark/

26.11.2015, Puls Biznesu

What happens when business forgets about intellectual property?

http://pulsbiznesu.pb.pl/4373441,43410,gdy-biznes-zapomina-o-wlasnosci-intelektualnej

17.11.2015, Puls Biznesu

How much does an infringement of copyrights cost?

http://pulsbiznesu.pb.pl/4361577,44151,ile-kosztuje-naruszenie-praw-autorskich

03.11.2015, LSW IP BLOG

(in cooperation with Monika Jankowska)

A stronger and fairer Single Market ? the European Commission Communication

http://lswipblog.pl/en/2015/11/a-stronger-and-fairer-single-market-the-european-commission-communication/

20.10.2015, LSW IP BLOG

(in cooperation with Paweł Baran)

From Solférino to Luxembourg: The spirit of The Angelus painting before the Court of Justice of the European Union

http://lswipblog.pl/en/2015/10/from-solferino-to-luxembourg-the-spirit-of-the-angelus-painting-before-the-court-of-justice-of-the-european-union/

22.09.2015, LSW IP BLOG

(in cooperation with Sandra Wieczorek)

"GEMA" OVER? Another development in the dispute between Google and the German performance rights organization

http://lswipblog.pl/en/2015/09/gema-over-another-development-in-the-dispute-between-google-and-the-german-performance-rights-organization/

10.08.2015, LSW IP BLOG

Intellectual property management in football clubs

http://lswipblog.pl/en/2015/08/intellectual-property-management-in-football-clubs/

21.07.2015, LSW IP BLOG

(in cooperation with Sandra Wieczorek)

Journalistic provocation before the European Court of Human Rights

http://lswipblog.pl/en/2015/07/journalistic-provocation-before-the-european-court-of-human-rights/

21.07.2015, LSW IP BLOG

(in cooperation with Sandra Wieczorek)

Fan pays, fan demands

http://lswipblog.pl/en/2015/07/fan-pays-fan-demands/

20.07.2015, LSW IP BLOG

(in cooperation with Paweł Baran)

Removing internet comments under consideration by the European Court of Human Rights

http://lswipblog.pl/en/2015/07/removing-internet-comments-under-consideration-by-the-european-court-of-human-rights/

07.07.2015, LSW IP BLOG

(in cooperation with Marcin Paśko)

Communication with the Office of Competition and Consumer Protection prior to and during the proceedings

http://lswipblog.pl/en/2015/07/communication-with-the-office-of-competition-and-consumer-protection-prior-to-and-during-the-proceedings/

24.06.2015, LSW IP BLOG

(in cooperation with Sandra Wieczorek)

Crowdfunding - Let's build it together!

http://lswipblog.pl/en/2015/06/crowdfunding-lets-build-it-together/

23.06.2015, LSW IP BLOG

(in cooperation with Marcin Paśko)

Triple the amount of respective remuneration is unconstitutional!

http://lswipblog.pl/en/2015/06/triple-the-amount-of-respective-remuneration-is-unconstitutional/

03.06.2015, LSW IP BLOG

(in cooperation with Sandra Wieczorek)

A calorie-related dispute between Nestle and Cadbury - protection of the shape of food products

http://lswipblog.pl/en/2015/06/a-calorie-related-dispute-between-nestle-and-cadbury-protection-of-the-shape-of-food-products/

28.05.2015, LSW IP BLOG

(in cooperation with Paweł Baran)

Black clouds over Skype...

http://lswipblog.pl/en/2015/05/black-clouds-over-skype/

11.05.2015, LSW IP BLOG

Permitted photography part 2 - pictures and the image of persons photographed

http://lswipblog.pl/en/2015/05/permitted-photography-part-2-pictures-and-the-image-of-persons-photographed/

04.05.2015, LSW IP BLOG

Art feeds on art, i.e. it adapts, borrows, copies and is inspired

http://lswipblog.pl/en/2015/05/art-feeds-on-art-i-e-it-adapts-borrows-copies-and-is-inspired/

07.04.2015, LSW IP BLOG

Competitions organized by the Patent Office of the Republic of Poland

http://lswipblog.pl/en/2015/04/competitions-organized-by-the-patent-office-of-the-republic-of-poland/

23.03.2015, LSW IP BLOG

(in cooperation with Marcin Paśko)

The mythical 4 bars limit ? an inquiry on music plagiarism

http://lswipblog.pl/en/2015/03/the-mythical-4-bars-limit-an-inquiry-on-music-plagiarism/

23.02.2015, LSW IP BLOG

(in cooperation with Paweł Myrda)

Permitted photography, part 1 - Preface

http://lswipblog.pl/en/2015/02/permitted-photography-part-1-preface/

16.02.2015, LSW IP BLOG

(in cooperation with Paweł Baran)

Let's play... or what does a Latin American dictator have to do with a virtual sword and what does the law say about all this?

http://lswipblog.pl/en/2015/02/lets-play-or-what-does-a-latin-american-dictator-have-to-do-with-a-virtual-sword-and-what-does-the-law-say-about-all-this/

09.02.2015, LSW IP BLOG

(in cooperation with Paweł Baran)

From poster to canvass. Exhaustion of rights in the judgment of the Court of Justice, file no. C-419/13

http://lswipblog.pl/en/2015/02/from-poster-to-canvass-exhaustion-of-rights-in-the-judgment-of-the-court-of-justice-file-no-c-41913/

03.02.2015, LSW IP BLOG

(in cooperation with Maciej Ślusarek)

Actor and producer ? mutual relations under the watchful eye of lawyers

http://lswipblog.pl/en/2015/02/actor-and-producer-mutual-relations-under-the-watchful-eye-of-lawyers/

  • “Advertising law" at the H. Grotius Center for Intellectual Property Rights (6th February 2016)
  • „3D trademarks – spatial trademarks – where is the TM protection going” (2nd October 2015)
  • „Film investment agreements”, organiser: National Chamber of Audiovisual Producers, Maciej Kubiak (29 th September 2015)
  • „Technology transfer and innovation management” – during the Gala of BiotechMed Mazovia Cluster (Warsaw, 24th of September 2015)
  • „Implementing IT systems in companies; selected legal aspects of introducing innovative solutions in business”  , organizer: EOIF GigaCon – Electronic Information Flow In the Company (Warsaw, July 24th -25th, 2013)
  • „Film distribution and use”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, December 3rd, 2013)
  • “Television production and television formats”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, June 18th, 2013)
  • „Legal frames for cooperating in the film production process and financing a film production” , organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, April 9th, 2013)
  • “Advertising Law”, at the H. Grocjusz Center for Intellectual Property Law (Cracow, February 9th, 2013)
  • “Legal relations between advertisement agencies and their clients (contract for providing advertising services) and consequences of agreements made for contracts with subcontractors”, organizer: Association for Marketing Communication SAR (Warsaw, December 6th, 2012)
  • “Responsibilities of the producer in film production and use”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, October 16th, 2012)
  • „Distribution contracts”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, September 18th, 2012)
  • “How to promote oneself in accordance with the law”, organizer: Association for Marketing Communication SAR (Warsaw, May 9th, 2012)
  • „Is the law keeping up with the developments on the marketing and advertisement market? The future of the industry from the lawyer’s perspective, based on case studies”, as part of the Business Sopot festival, organizer: MediaRun (Sopot, April 26th, 2012)
  • „Photography and image in advertising”, organizer: Association for Marketing Communication SAR (Warsaw, April 25th, 2012)
  • “KPC changes – practical applications of the last amendment”, organizer: Iudicium Ars Est Legal Advisers Foundation (Warsaw, April 19th, 2012)
  • „Legal frames for cooperating in the film production process and financing a film production” , organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, April 17th, 2012)
  • “Image and photography in advertising”, organizer: Association for Marketing Communication SAR (Warsaw, March 1st, 2012)
  • "Inspiration and use allowed in advertising; to what extent someone else's creation can be used in advertising legally", as part of Copyright workshops, organizer: Business Media Solutions (Warsaw, February 8th -9th, 2012)
  • "Product placement", organizer: Association for Marketing Communication SAR (Warsaw, January 5th, 2012)
  • "Law in events - intellectual property in the MICE industry", as part of the "Law in events" conference, organizer: MeetingPlanner (Warsaw, October 5th, 2011)
  • "Copyright infringement in business practices and methods of battling violations", as part of the conference "Intellectual Property in business practice", organizer: Business Media Solutions (Warsaw, September 14th -15th, 2011)
  • Ochrona drobnych monet ('Kleine Munze') jako bariera dla rozwoju Internetu?", w ramach konferencji Ochrona własności intelektualnej w społeczeństwie informacyjnym", organizer: Warsaw University Law and Administration Department  (Warsaw, March 1st, 2011)
  •  "Advertising law", at the H. Grocjusz Center for Intellectual Property Law (Cracow, February 5th, 2011)             
  • "Commercialization of copyright and personal interests; theory versus practice", lecture for the Intellectual Property Study Group at the Warsaw University Law and Administration Department  (Warsaw, November 9th, 2010)
  • "Battling copyright infringement", at the H. Grocjusz Center for Intellectual Property Law (Cracow, November 6th, 2010)
  • "Advertising Law", organizer: MediaRun (Warsaw, July 7th, 2010)     
  • "Eco Marketing", organizer: MediaRun (Warsaw, June 24th, 2010)
  • "Sports Marketing", organizer: MediaRun (Warsaw, April 28th, 2010)
  • "Children in Children in advertising and advertising aimed at children – legal aspects", as part of the conference “Young consumer as the future of the market, marketing for children and adolescents” organizer: MediaRun, (Warsaw, April 19th, 2010)
  • "Co-production contract", as part of the conference “Legal aspects of television and film production”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, March 27th, 2010)
  • "Legal frames for cooperation in the film production process", as part of the conference “Legal aspects of television and film production”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, March 26th, 2010)
  • "Underlying rights - literary works as a base for audiovisual works", as part of the conference “Legal aspects of television and film production”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, March 26th, 2010)
  • "Terms and definitions in the television and film industry", as part of the conference “Legal aspects of television and film production”, organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, March 25th, 2010)
  • "Film and other audiovisual works", as part of the conference "Legal aspects of film and television production", organizer: Polish Audiovisual Producers Chamber of Commerce (Warsaw, March 25th, 2010)         
  • "Advertising law", at the H. Grocjusz Center for Intellectual Property Law (Cracow, February 6th, 2010)
  • "Legal aspects of Eco-marketing and ecological references in advertising", as part of Eco-marketing workshops, organizer: MediaRun (Warsaw, December 16th, 2009)
  • "Photography and video in Advertising and Marketing Communication", organizer: MediaRun (Warsaw, December 3rd, 2009)   
  • "Battling copyright infringement", at the H. Grocjusz Center for Intellectual Property Law (Cracow, November 7th, 2009)
  • "Protection of personal interests online", as part of the conference "Intellectual Property and New Technologies", organizer: MM Conferences S.A. (Warsaw, October 6th -7th, 2009)
  • "Film in advertising. Advertisement as an audiovisual work", organizer: MediaRun (Warsaw, May 14th, 2009)
  • "Computer program Copyright", as part of a Negotiation Workshop; Project organized by the Jagellonian University School of American Law (Cracow, March 27th, 2009)          
  • "Legal aspects of online advertisements", as part of the conference "Effective online promotion" organizer: CooperConferences (Warsaw, March 20th, 2009)                          
  •  "Contracts in creation of advertisements", organizer:  Association for Marketing Communication SAR (Warsaw, February 12th, 2009)
  •  "Contracts in advertising - contracts with graphic designers, photographers, artist/ performer, photo data base, actors", within the workshops "How to protect copyright in the press, in publishing and in advertising?", under the patronage of MM Conferences S.A. (Warsaw, October 8th, 2008)
  • "Children in advertising and advertising aimed at children - practical considerations", organizer: Association for Marketing Communication SAR (Warsaw, June 10th, 2008)
  • „Future of copyright protection”, as part of the training seminar „Legality of programming audit”, under the patronage of: Business Software Alliance (Warsaw, January 31st, 2007)
  • “Legal aspects of computer program protection”, as part of the seminar “Programming Legality Audit” under the patronage of: Business Software Alliance (Warsaw, January 30th, 2007)

 

 

 

 

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