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Katarzyna Kucharczyk

Counsel

CMS Cameron McKenna Nabarro Olswang Pośniak i Bejm sp.k.
Warsaw Financial Centre
ul. Emilii Plater 53
00-113 Warsaw
Poland
Languages Polish, English, Spanish

Katarzyna Kucharczyk is a counsel in the Dispute Resolution Department at CMS Poland.

She is a qualified legal adviser with over 11 years’ experience in representing clients from different sectors in court disputes, national and international arbitration as well as in commercial and settlement negotiations.

Katarzyna has acted before the patent office and administrative courts on intellectual property matters. She is a recommended dispute resolution lawyer in Chambers Europe.

Katarzyna specialises in disputes concerning construction projects, infrastructure and real estate. She has acted for, among others, the perpetual usufructee in a precedent-setting case concerning the perpetual usufruct of land located in central Warsaw.

She represents clients, in particular in the financial sector, on competition law and consumer protection issues, including, for example, cases concerning practices violating consumers’ collective interests, as well as competition restricting practices. She also represents clients in class action proceedings.

Katarzyna advises on disputes involving intellectual property rights including disputes related to violations of patent rights and matters related to a patent annulment, a trademark protection as well as copyright-related disputes.

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Relevant experience

  • An engineering company in a dispute with a general contractor concerning a construction of a Motorway in Poland.
  • A Polish municipal company in a EUR 15m dispute with an international general contractor of a transportation project under FIDIC contract before the Arbitration Court of the International Chamber of Commerce (ICC).
  • An insurance company in various class action cases concerning surrender fees in the unit linked insurance contracts.
  • A leading Polish insurance company in a dispute with the President of the Antimonopoly Office in a case concerning a fine for abusing a dominant position.
  • A mobile phone operator in a dispute with the President of the Antimonopoly Office concerning a fine for taking part in a cartel.
  • An international manufacturer of the electronic devices and communication solutions in the arbitration over a contract for a delivery of the communication devices to Russia.
  • Management board members in the cases concerning a liability for the company’s obligations based on an article 299 of the Polish Commercial Companies Code.
  • A French manufacturer of cosmetics in a dispute concerning infringement of a trademark and unfair competition acts.
  • An Austrian manufacturer regarding plant protection means in a dispute with a competitor concerning unfair competition acts (the co-defendant was the State Treasury).
  • An international pharmaceutical company in a dispute relating to a patent right infringement.
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Education

  • 2004 – Master’s Degree in Law (hons), University of Warsaw, Faculty of Law and Administration
  • 2004 - Training Program in American Law (hons), Centre for American Law Studies, University of Warsaw & State University of Florida
  • 2002 - Comparative study of private and international commercial law, Utrecht University, Utrecht, The Netherlands
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Memberships

  • Qualified Legal Adviser, Regional Bar Association of Legal Advisers in Warsaw
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Publications

  • “Arbitration. An alternative for the commercial courts” [published in Polish], Harvard Business Review Polska (co-author)
  • Series of articles focussing on court proceedings in Rzeczpospolita, the leading business newspaper in Poland
  • “Class action in the automotive industry”, Automotive Industry Yearbook 2015 (co-author)
  • “Jurisdiction of courts in disputes between entities from different EU countries”, Contact Online (Magazine of the British / Polish Chamber of Commerce)
  • “Class actions make sense” (published in Polish), Rzeczpospolita
  • “Settlement of disputes in the automotive sector by arbitration - is it possible? How, and what for?”, Automotive Industry Yearbook 2014 (co-author)
  • “Prolixity of court proceedings – Arbitration” (published in Polish), The White Book of Infrastructure
  • “Abusive clauses in contracts for the sale of new cars executed with consumers”, Automotive Industry Yearbook 2013
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Expertise

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