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Portrait of Katarzyna Kucharczyk

Katarzyna Kucharczyk

Counsel

Contact
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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Memberships & Roles

  • 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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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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Expertise

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18/11/2021
The Auto­mot­ive In­dustry Re­port 2021/22
The Auto­mot­ive In­dustry Re­port 2021/2022 pub­lished by the Pol­ish Auto­mot­ive In­dustry As­so­ci­ation and co-au­thored by CMS takes a look at some of the key areas af­fect­ing the auto­mot­ive sec­tor. Our cross-prac­tice...
03/11/2021
In­ter­na­tion­al ar­bit­ra­tion law and rules in Po­land
The changes to the Pol­ish Code of Civil Pro­ced­ure (“Kodeks postę­pow­ania cy­wil­ne­go”) in­tro­duced in late 2019 res­ul­ted in com­mer­cial dis­putes in state courts be­ing more form­al­ist­ic and re­stric­ted for...
05/11/2019
CMS ad­vises P4 in a suc­cess­ful dis­pute with the Of­fice of Com­pet­i­tion and...
CMS has suc­cess­fully ad­vised the tele­com­mu­nic­a­tions op­er­at­or P4 in lit­ig­a­tion with the Of­fice of Com­pet­i­tion and Con­sumer Pro­tec­tion con­cern­ing the in­tro­duc­tion of mo­bile TV in the years 2008-2010. On...
22/08/2019
The Auto­mot­ive In­dustry Re­port 2019/20
The Auto­mot­ive sec­tor has for many years been a driv­ing force of European eco­nom­ic growth. The in­dustry provides dir­ect and in­dir­ect jobs to 13.8 mil­lion Europeans and gen­er­ated a sur­plus of €84.4 bil­lion...
30/07/2018
The Auto­mot­ive In­dustry Re­port 2018/19
The auto­mot­ive sec­tor re­mains com­mit­ted to ad­dress­ing to­mor­row’s chal­lenges. Total Co2 emis­sions from car pro­duc­tion fell by 23.7% over the past dec­ade, while the wa­ter con­sump­tion per car pro­duced...
31/01/2018
Ten things every in­surer should know
Alex Denslow, CMS Lon­don: “De­lighted to launch the 3rd ed. of “10 Things Every In­surer Should Know”, in which we com­pare 10 key in­sur­ance is­sues across 29 jur­is­dic­tions where the CMS In­sur­ance Sec­tor...
02/08/2017
The Auto­mot­ive In­dustry Re­port 2017/18
The auto­mot­ive sec­tor is con­tinu­ally look­ing to the fu­ture in a bid to ad­dress to­mor­row’s chal­lenges and find new ways to provide safe, clean, in­nov­at­ive and af­ford­able mo­bil­ity. The Auto­mot­ive In­dustry...
21/07/2017
Po­land plans to ter­min­ate its Bi­lat­er­al In­vest­ment Treaty (BIT) with Por­tugal
On 18 Ju­ly 2017 the Pol­ish Coun­cil of Min­is­ters (i.e. the ex­ec­ut­ive branch) sub­mit­ted to the Par­lia­ment a draft pro­pos­al al­low­ing the Pres­id­ent to uni­lat­er­ally ter­min­ate the cur­rent agree­ment on the pro­mo­tion...
07/07/2013
CMS Guide to Anti-bribery and Cor­rup­tion Laws3
We are de­lighted to present the third edi­tion of the CMS Guide to Anti-Bribery and Cor­rup­tion Laws. Since the last edi­tion was pub­lished in sum­mer 2011, there have been sig­ni­fic­ant changes to the glob­al...