Best Franchising Lawyers in Poland

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Founded in 1988
200 people in their team
OfficeWe focus on the business needs of our clients, helping them find an effective and practical solution to the most difficult legal problems.Wardyński & Partners, founded in 1988, is one of the largest independent law firms in Poland.We care about maintaining the highest legal and business...
KDK law firm
Lodz, Poland

Founded in 2015
50 people in their team
Polish
English
Attorney Łódź - KDK law firmThe law firm KDK Adwokat Łódź provides comprehensive legal assistance and advice in every area of ​​law. We help both individuals and companies. Our lawyers offer: professional legal advice, representation in court, drafting contracts and documents, and giving...

Founded in 2000
50 people in their team
Polish
English
We have been providing comprehensive services to entrepreneurs, individual clients and non-governmental organizations for over 25 years. We are a law firm based in Łódź with a nationwide reach. We help entrepreneurs in all aspects of their activity, we advise on EU projects, we deal with...

Founded in 2014
1 person in their team
English
Kancelaria Adwokacka Adwokat Mariusz Skórski Staszów is a legal practice based in Staszów that provides comprehensive representation to both individual clients and commercial entities. The firm leverages the professional qualifications and courtroom experience of its principal attorney, Mariusz...
Andrzej Śmigielski
Lodz, Poland

Founded in 2000
50 people in their team
Polish
English
ŁódźAndrzej Śmigielski Law OfficePiotrkowska 270 room 4 - ground floor (green, glass building at the end of the parking lot)90-361 Łódź+48 691 391 495+48 691 300 002+48 42 244 50 11+48 42 244 50 25+48 42 942 06 26 (fax)[email protected] hoursmonday - thursday:...

1 person in their team
English
Kancelaria Adwokacka Marta Brzostek-Starostka provides legal representation and advisory services from Ostrów Mazowiecka to clients across Poland, handling matters in civil law, family law, criminal law, commercial practice and administrative proceedings. The firm focuses on litigation and dispute...

1 person in their team
English
Kancelaria Adwokacka Adwokat Chełm - Piotr Karwacki is a Chełm-based law practice led by advocate Piotr Karwacki. The firm provides legal services to both private clients and commercial entities, with particular experience in civil law, family law, commercial and economic law, and criminal law....
Dudkowiak & Putyra
Warsaw, Poland

Founded in 1992
50 people in their team
Polish
English
Who we are?Our Law Firm in Poland operates on market of legal services since 1992. We specialize in providing legal services to foreign investors and international corporations doing business in Poland.Over years our attorneys in Poland are repeatedly awarded and distinguished for providing legal...

Founded in 1989
6 people in their team
Polish
English
Ukrainian
ADVISER Armknecht & Partners attorneys-at-law is a law firm serving its business clients in all matters related to business law & commercial law, relying on personal contact with you and your company.Our lawyers specialize in commercial company law, construction law, contract law,...

1 person in their team
English
Kancelaria Radcy Prawnego Karolina Święch is a modern law office based in Koszalin, Poland, led by radca prawny Karolina Święch. The practice provides tailored legal solutions across civil, commercial and criminal law, with an emphasis on practical and cost-effective strategies. Each matter is...
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About Franchising Law in Poland

Franchising in Poland is a growing sector of the economy that offers significant opportunities for both franchisors and franchisees. As a Central European country with a strong economic growth trajectory, Poland presents a favorable market for franchise operations. The framework for franchising primarily involves civil law principles, as there is no specific franchising law in Poland. Agreements are often governed by general contract law, alongside intellectual property, competition law, and consumer protection laws. The Polish franchise market encompasses a wide range of industries, including food and beverage, retail, and services.

Why You May Need a Lawyer

Legal assistance is crucial in several stages of franchising, including:

  • Negotiating Franchise Agreements: An attorney can help negotiate the terms to ensure they are fair and compliant with Polish law.
  • Understanding Legal Obligations: Lawyers can outline the rights and responsibilities of both parties under the agreement.
  • Compliance with Local Laws: Franchisors, especially foreign ones, may need help navigating local legal landscapes.
  • Handling Disputes: An attorney can assist with resolving conflicts that arise during the operationalization of the franchise.
  • Intellectual Property Protection: A lawyer can help protect trademarks and proprietary methods in Poland.

Local Laws Overview

While there’s no specific franchising legislation in Poland, several areas of law significantly impact franchising arrangements:

  • Civil Code: Franchise agreements are governed under general contract law. Parties must fulfill obligations with good faith and integrity.
  • Competition Law: Poland’s competition regulations prohibit anti-competitive agreements and abuse of dominant positions, which is relevant for franchise agreements.
  • Intellectual Property Law: Trademarks, patents, and copyrights crucial to franchising are protected under Polish intellectual property regulations.
  • Consumer Protection: Certain franchisee activities might involve consumer interactions, necessitating adherence to consumer protection laws.
  • Taxation: Franchise operations have specific tax implications in Poland, requiring compliance with corporate and VAT obligations.

Frequently Asked Questions

1. What is a franchise agreement?

A franchise agreement is a legal contract between a franchisor and franchisee, granting the franchisee the right to use the franchisor’s business model and brand for a specified period.

2. Is there a specific franchising law in Poland?

No, franchising in Poland is not governed by a specific law. It is regulated by general commercial, contract, and related laws.

3. Do franchise agreements need to be in Polish?

While not mandatory, it is advisable to draft agreements in Polish, especially for enforceability and understanding by local parties.

4. What are the typical contents of a franchise agreement in Poland?

Typically, it includes terms about royalties, operational procedures, intellectual property rights, duration, and termination conditions.

5. Can a foreign franchisor operate directly in Poland?

Yes, but it is often beneficial to establish a local entity or partnership to streamline operations and comply with local regulations.

6. Are franchise fees subject to VAT in Poland?

Franchise fees are generally subject to VAT. It's essential to consult a tax advisor for specific advice.

7. How can I resolve a dispute with a franchisor/franchisee?

Disputes can often be resolved through negotiation, mediation, or arbitration. Legal recourse through courts is also an option.

8. What intellectual property rights should be included in a franchise agreement?

Rights to trademarks, service marks, logos, and any proprietary methods or processes should be clearly defined in the agreement.

9. Is it necessary to register a franchise in Poland?

There is no requirement to register franchise agreements in Poland, but trademarks may need to be registered with the Polish Patent Office.

10. What is the typical duration for a franchise agreement in Poland?

The duration varies but typically spans 5 to 10 years, depending on the industry and business model.

Additional Resources

For further information, consider these resources:

  • Polish Chamber of Commerce: Offers guidance on commercial activities, including franchising.
  • Polish Patent Office: Provides information on trademark and patent protection.
  • Local Business Associations: Many provide support and guidance on franchising opportunities and challenges.
  • Government Websites: Useful for updates on regulatory changes relevant to franchising.

Next Steps

If you require legal assistance with franchising in Poland, here are some steps to consider:

  • Consult with a lawyer specialized in franchising or business law in Poland.
  • Contact the Polish Chamber of Commerce for initial guidance and resources.
  • Assess your current business structure and potential franchising plans with financial and legal advisors.
  • Join relevant business communities or associations for networking and support.

Lawzana helps you find the best lawyers and law firms in Poland through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Franchising, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.