Experts in:
product regulatory compliance, brand protection, commercial and tax law.

 

Check how we provide value within EU and internationally owing to team’s expertise and professional network.

BOREK LEGAL

about us

Law firm for enterprises 

BOREK Legal experts specialize in advisory and compliance services in certain areas of business, concerning mostly highly regulated ones, focusing primary on food and consumer goods regulations and for ICT & new technologies sector where our team has gained vast expertise throughout their practice.

We provide clients with legal assistance during both introduction and continuous offering of products and services on the EU markets and beyond, as well as offer our legal aid to establish or reorganize – both from corporate law and tax perspective.

Our team will secure contractual relations with our client’s business partners and act on behalf our mandators during official administrative or court proceedings.

 

ATTORNEY-AT-LAW

PAWEŁ BOREK

Paweł Borek has gained expertise in diverse organisations, including public administration experiences which enhances our effectiveness in relations with public authorities. After completing his work at Polish administrative system appeal body, Paweł Borek has worked with leading law firms in northern Poland and international corporations. Notwithstanding conducting of an own legal practise, he was the head of the legal department in the Implix / GetResponse group almost for a decade and the head of the legal department of Vemma Europe, an Irish law company that sold dietary supplements in the MLM system, for over 6 years. While performing duties within the companies’, he led co-created business models compliant with European law, as well as its notification in many European markets.

Paweł Borek the sole Polish member of the Food Lawyers Network Worldwide. To find out more please  click here.

ATTORNEY-AT-LAW

TOMASZ BABIŃSKI

Tomasz Babiński specializes in issues related to the law of new technologies, intellectual property and brand protection, personal data and tax law matters – in particular in the VAT and company income tax (CIT) – including transfer pricing and double taxation avoidance in multinational structures.
Owing to hitherto expertise in renowned law firms and international consulting companies and developed qualifications Tomasz Babiński not only recommends  practical business solutions but also combines legal and economic issues and presents possible tax effects of planned activities by entrepreneurs, often securing them with binding, individual tax interpretations.
His professional interests focus on food&foodtech and IT  enterprises that may impact the environment and lifestyle.

services

AREAS OF OUR EXPERTISE

Regulatory compliance & product law

We perform comprehensive advisory services regarding products and services supplied on highly regulated markets such as food and consumer products, beginning from label compliance and opinion drafting, through introduction products to EU market to representation during inspections carried out by the Trade Inspection or whenever RASFF procedure can be launched.

Brand protection and intellectual property

We register EU and Polish trademarks on behalf of our clients and enforce their rights in case of trademark and copyright infringements, to satisfy client’s damages and compensations claims using all accessible means. We also supply extensive advisory in the field of intellectual property using the expertise gained within the IT and new technologies sector.

Newtech and online businesses

Using expertise in the IT sector, we provide full range of service for technology companies and online businesses, including online marketplaces, shops and service providers, including SaaS sellers. We draft terms of services and privacy policies for both B2B and B2C business model that secure compliance with the GDPR, CASL and further respective regulations and the same time.

Commercial & corporate law

Our team specializes in commercial and business activities. We introduced our clients to Poland where – as part of these ventures – we conducted audits, set up enterprises and incorporate companies, advised on the selection of the form of activity and found premises. We also conduct companies’ transformations projects as well mergers and acquisitions. Of course we also draft, verify and negotiate contracts on the daily basis.

Tax law, tax planning and transfer pricing

During performance of projects conducted for our clients we care about the taxation aspects of client’s plans and undertakings. That said, we often secure them with individual tax interpretations binding for authorities or perform tax audits. Due to international corporate structure or operations of our clients we also prepare transfer pricing documentations and verify bilateral treaties on the avoidance of double taxation,  in various jurisdictions. 

Client's representation

As qualified attorneys-at-law we have the power to appear before all courts in all matters, including criminal, civil, administrative, also the Supreme Court and the Supreme Administrative Court. We are entitled to represent clients before all Polish and EU state authorities such as trade inspection, sanitary inspection, President of the Office of Competition and Consumer Protection.

Recent activities

Pet food

Last week the Office of Competition and Consumer Protection published a report on pet food control carried out by the Trade Inspection. A total of 478 batches of pet food were inspected, up to 90 batches of products. In addition, samples were taken from 80 batches of products – dog and cat food and were sent to laboratory tests. Irregularities were found in 22 of them, or 27.5%. For example:

Dog food:

  • no poultry in canned food “beef with chicken ‘at the declared, among others composition: 45% beef, 15% chicken, found while the presence of pork;
  • lower protein content in canned food (by 10,0% declaration, and 5,2%);

Cat food:

  • no beef in canned “beef” at declared, among others Composition: 70% beef (lungs, meat, liver, kidneys), 28,8% beef broth, the presence of pork was found;
  • lower fat content in canned food (by the 6,5% declaration, and it was 4,1%)

The report of the Office of Competition and Consumer Protection immediately associated me with the presentation Tackling Food Fraud — Science in the Service of Protecting Authenticity and Attesting Originof Giorgio Rusconi FLN member, during the conference INNOVATIVE FOOD hosted by EESC and FLN the subject of falsification of food, which I had the pleasure to see at the conference. The question whether the irregularities were the result of deliberates action or simply resulted from inaccuracies and errors of producers. I also remembered the situation with which I met personally. The product was a fish in a chanterelle sauce, (let’s skip the name of a well known producer), but there was no trace of the chanterelle in the product. The entire report can be found under the link.

 

 

Innovative Food

On July 9, 2019, Paweł Borek participated in the conference organized by the Food Lawyers Network together with European Economic and Social Committee.

The subject of the conference  Unblocking innovation — Shaping ‘Food 2030’ — Envisaging ‘Food 2050’. You can find more info regarding this event here.

Contact us

ul. Szymanowskiego 4
80-280 Gdańsk, Poland

T: +48 58 506 52 52
F: +48 58 506 52 53

office@boreklegal.com