Specialisation

Advertising and promotion law

Related people:
Advertising campaigns and materials

Our experts provide comprehensive consulting services with respect to advertising campaigns and materials, legal risk assessment and mitigation, with the assumption of maximum marketing effect.

Our experience:

  • Analysis of advertising activities and materials (television, radio, press, outdoor, interactive) at the artwork design and production stages;
  • Providing opinions on advertising of sensitive products and industries (alcohol beverages, medicinal products, tobacco products, financial services);
  • Preparing, drafting opinions on and negotiating agreements related to advertising campaigns, including agency and production agreements, agreements with a director, a graphic designer, a model, an actor (or with actors agency), or with a lector;
  • Preparing and drafting opinions on agreements related to participation of celebrities, persons performing public functions, sportsmen and sportswomen in campaigns, or the use of fictional characters;
  • Analysis and preparation of agreements with subcontractors and media space and time organisers, including media houses and advertising brokers (traditional and online media);
  • Preparing and drafting opinions on product placement agreements and sponsorship agreements.
Promotional actions, loyalty and incentive programs and schemes

We ensure support in comprehensive consulting of concepts, assumptions and mechanisms of various promotional campaigns as well as ATL and BTL activities.

Our experience:

  • Analysing and qualifying, in terms of taxes and legal regulations, of the actions in question, support during tax inspections, legal assistance in applications for issuance of individual ruling;
  • Drafting and auditing rules of contests, promotional and TV lotteries, loyalty programs (including multipartner and B2B) and incentive schemes as well as bonus-related sales;
  • Reviews of rules with respect to abusive clauses;
  • Legal advisory services with respect to handling complaints on promotional actions;
  • Modifications in existing programs without interruptions for participants;
  • Drafting opinions and preparing agreements on telemarketing and mailing;
  • Personal data protection and electronic marketing communication as an important component of the programs;
  • Agreements with subcontractors, including program service agreements, database agreements, IT and telecommunications services agreements.
Sensitive products

Our lawyers advise clients on advertising sensitive products and services, including in particular alcoholic beverages, tobacco products, gambling, medicinal products, food supplements, pharmacies, financial services, as well as professions of public trust.

Our experience:

  • Representation in proceedings before administrative bodies, including bodies of the Pharmaceutical Inspectorate;
  • Legal support in planning and implementing promotional actions related to sensitive products;
  • Advisory services with respect to the use of sponsorship as an alternative to typical advertising activities.
Gambling, including promotional and TV lotteries

Our experts provide full legal support with respect to promotional and TV lotteries, starting from legal analysis of a planned lottery, through the development of rules and regulations and obtaining a permit, to the development of documentation for a given lottery.

Our experience:

  • Proceedings before the Minister of Finance regarding qualification of gambling, as well as proceedings before the Provincial Administrative Court regarding a complaint against a decision of the Minister of Finance;
  • Proceedings and representation before Customs Service bodies in cases regarding violation of the Gambling Law;
  • Support in preparations for exams organised by the Ministry of Finance in connection with obtaining qualifications to supervise games of chance.
Sponsorship

We advise our clients on developing, assessing and negotiating all types of sponsorship agreements.

Our experience:

  • Advisory services with respect to sponsorship in the alcohol industry, including TV sponsorship billboards of producers and distributors of beer and alcoholic beverages up to 18%;
  • Analysis and development of sponsorship contracts regarding sportspeople and sports clubs, including football clubs and national representations.

 

Competition law and unfair market practices

We advise our clients on comprehensive analysis of advertising activities and materials with respect to competition law and consumer protection.

Our experience:

  • Developing terms and conditions of comparative advertising, including the so-called superlative advertising;
  • Identifying misleading advertising, bothersome advertising or advertising that represents an unfair market practice;
  • Legal advisory with respect to ambush marketing;
  • Assessing advertising in the light of consumer protection regulations.
Intellectual protection in the context of advertising

Legal support provided by our law firm is aimed at ensuring legal protection to our clients with respect to intellectual protection in the context of advertising.

Our experience:

  • Development of copyright contracts;
  • Protection of personal rights;
  • Protection of industrial property (trademarks, utility models, patents);
  • Development of comprehensive documentation for marketing actions, including relevant consents for the use of competition works, image and voice, artistic performance, processing of personal data, sending commercial information.
Dispute resolution – advertising law

We provide advice to, and represent our clients in court disputes over advertising and promotional activities and trade contracts in force.

Our experience:

  • Representation in court proceedings before administrative bodies and administrative courts;
  • Representation in proceedings before industry regulators and self-regulatory bodies which assess if advertising is in compliance with the law, good practices and codes of ethics (e.g. Committee of Advertising Ethics, UOKiK (Office of Competition and Consumer Protection), KRRIT (Polish National Broadcasting Council));
  • Representation before common civil and criminal courts.
Ongoing advisory services for entities representing the advertising and media sector

We provide support to businesses operating in the advertising and media sector with respect to their ongoing operations and regulatory matters.

Legislation and advice to sector organisations

Our experience:

  • Participation in the development of sector-specific codes of best practices such as a code of best practice regarding detailed rules for the protection of minors in audiovisual on demand media services;
  • Authorship of the first and most comprehensive compendium on “Advertising and Promotion Law”.
Training and workshops

Our experts conduct training and workshops in the field of marketing law, copyright law, and competition and consumer protection law for representatives of advertising agencies or marketing departments. These include internal training and workshops, adapted to the legal and business environment in which our clients operate. The training sessions often concern new regulations, where interpretation and identification of possible legal risk is particularly problematic.

Advertising and promotion law Download PDF (799 kB)

Our team of experts supports both the advertisement creating entities and those that disseminate advertisements as well as entities involved in sponsorship in their marketing and advertisement-related activities.

Our customers include:

  • TV and radio broadcasters
  • Creative, advertising, marketing, and interactive agencies
  • Production houses, advertisement creators, actors agencies
  • Loyalty programs organisers
  • Entrepreneurs from alcoholic beverages, pharmaceutical, insurance, bank and finance, and FMCG industries
  • Advertising campaigns and materials

    Our experts provide comprehensive consulting services with respect to advertising campaigns and materials, legal risk assessment and mitigation, with the assumption of maximum marketing effect.

    Our experience:

    • Analysis of advertising activities and materials (television, radio, press, outdoor, interactive) at the artwork design and production stages;
    • Providing opinions on advertising of sensitive products and industries (alcohol beverages, medicinal products, tobacco products, financial services);
    • Preparing, drafting opinions on and negotiating agreements related to advertising campaigns, including agency and production agreements, agreements with a director, a graphic designer, a model, an actor (or with actors agency), or with a lector;
    • Preparing and drafting opinions on agreements related to participation of celebrities, persons performing public functions, sportsmen and sportswomen in campaigns, or the use of fictional characters;
    • Analysis and preparation of agreements with subcontractors and media space and time organisers, including media houses and advertising brokers (traditional and online media);
    • Preparing and drafting opinions on product placement agreements and sponsorship agreements.
  • Promotional actions, loyalty and incentive programs and schemes

    We ensure support in comprehensive consulting of concepts, assumptions and mechanisms of various promotional campaigns as well as ATL and BTL activities.

    Our experience:

    • Analysing and qualifying, in terms of taxes and legal regulations, of the actions in question, support during tax inspections, legal assistance in applications for issuance of individual ruling;
    • Drafting and auditing rules of contests, promotional and TV lotteries, loyalty programs (including multipartner and B2B) and incentive schemes as well as bonus-related sales;
    • Reviews of rules with respect to abusive clauses;
    • Legal advisory services with respect to handling complaints on promotional actions;
    • Modifications in existing programs without interruptions for participants;
    • Drafting opinions and preparing agreements on telemarketing and mailing;
    • Personal data protection and electronic marketing communication as an important component of the programs;
    • Agreements with subcontractors, including program service agreements, database agreements, IT and telecommunications services agreements.
  • Sensitive products

    Our lawyers advise clients on advertising sensitive products and services, including in particular alcoholic beverages, tobacco products, gambling, medicinal products, food supplements, pharmacies, financial services, as well as professions of public trust.

    Our experience:

    • Representation in proceedings before administrative bodies, including bodies of the Pharmaceutical Inspectorate;
    • Legal support in planning and implementing promotional actions related to sensitive products;
    • Advisory services with respect to the use of sponsorship as an alternative to typical advertising activities.
  • Gambling, including promotional and TV lotteries

    Our experts provide full legal support with respect to promotional and TV lotteries, starting from legal analysis of a planned lottery, through the development of rules and regulations and obtaining a permit, to the development of documentation for a given lottery.

    Our experience:

    • Proceedings before the Minister of Finance regarding qualification of gambling, as well as proceedings before the Provincial Administrative Court regarding a complaint against a decision of the Minister of Finance;
    • Proceedings and representation before Customs Service bodies in cases regarding violation of the Gambling Law;
    • Support in preparations for exams organised by the Ministry of Finance in connection with obtaining qualifications to supervise games of chance.
  • Sponsorship

    We advise our clients on developing, assessing and negotiating all types of sponsorship agreements.

    Our experience:

    • Advisory services with respect to sponsorship in the alcohol industry, including TV sponsorship billboards of producers and distributors of beer and alcoholic beverages up to 18%;
    • Analysis and development of sponsorship contracts regarding sportspeople and sports clubs, including football clubs and national representations.

     

  • Competition law and unfair market practices

    We advise our clients on comprehensive analysis of advertising activities and materials with respect to competition law and consumer protection.

    Our experience:

    • Developing terms and conditions of comparative advertising, including the so-called superlative advertising;
    • Identifying misleading advertising, bothersome advertising or advertising that represents an unfair market practice;
    • Legal advisory with respect to ambush marketing;
    • Assessing advertising in the light of consumer protection regulations.
  • Intellectual protection in the context of advertising

    Legal support provided by our law firm is aimed at ensuring legal protection to our clients with respect to intellectual protection in the context of advertising.

    Our experience:

    • Development of copyright contracts;
    • Protection of personal rights;
    • Protection of industrial property (trademarks, utility models, patents);
    • Development of comprehensive documentation for marketing actions, including relevant consents for the use of competition works, image and voice, artistic performance, processing of personal data, sending commercial information.
  • Dispute resolution – advertising law

    We provide advice to, and represent our clients in court disputes over advertising and promotional activities and trade contracts in force.

    Our experience:

    • Representation in court proceedings before administrative bodies and administrative courts;
    • Representation in proceedings before industry regulators and self-regulatory bodies which assess if advertising is in compliance with the law, good practices and codes of ethics (e.g. Committee of Advertising Ethics, UOKiK (Office of Competition and Consumer Protection), KRRIT (Polish National Broadcasting Council));
    • Representation before common civil and criminal courts.
  • Ongoing advisory services for entities representing the advertising and media sector

    We provide support to businesses operating in the advertising and media sector with respect to their ongoing operations and regulatory matters.

  • Legislation and advice to sector organisations

    Our experience:

    • Participation in the development of sector-specific codes of best practices such as a code of best practice regarding detailed rules for the protection of minors in audiovisual on demand media services;
    • Authorship of the first and most comprehensive compendium on “Advertising and Promotion Law”.
  • Training and workshops

    Our experts conduct training and workshops in the field of marketing law, copyright law, and competition and consumer protection law for representatives of advertising agencies or marketing departments. These include internal training and workshops, adapted to the legal and business environment in which our clients operate. The training sessions often concern new regulations, where interpretation and identification of possible legal risk is particularly problematic.