Helena Gajek

Helena Gajek – patent and trademark attorney, attorney at law; operating on the IP market for more then 18 years, She specializes in broad protection of intellectual property rights, starting from registration, through prosecution ending at litigation - in trademark, patent and industrial designs matters. Skilled at building and enforcing portfolio of IP rights for various clients, mainly from life science sector. She represents clients before Polish Patent Office, EUIPO, WIPO, as well as civil and administrative court.  

Year joined firm: 2023

• Helena represents a reputed German pharmaceutical client (Stada Arzneimittel AG)  in patent invalidation case before the Polish Patent Office as well as in civil litigation case before the Polish Court in Warsaw; we attempt to prove that the patent is devoid of novelty and inventive step. We claim at the court that it is abused by the patent owner to claim infringement since the patent has been granted against the law and should be revoked. The two cases are pending. We managed to get the Preliminary Injunctions rejected for the sake of our client; the cases are pending.
• Helena represents a defendant, chemistry producer (Nordkalk S.A.) in the patent litigation case in Warsaw, against three inventors who claim the reimbursement for commercial exploitation of the patent. We share the view that the claims are unfounded since no exact creative work with corresponding commercial reference has been proven; the case is pending. 
• Helena represents Dambat Jastrzębski s.k.a. the invalidation applicant in numerous EUCD cases before EUIPO claiming lack of novelty of the pumps registered by the opponent. The cases are interesting due to the crucial determination of the freedom of creativity and the sufficient stage of dissimilarities between the designs which will need to be decided.
• Helena represents a reputed Polish food supplement producer (SFD S.A.) in numerous opposition cases before EUIPO where the oppositions are proceeded regarding trademarks with partially descriptive terms, which makes them interesting from the point of view of determining the level of sufficient distinctiveness in such trademarks.
• Helena represents Radosław Szumliński “OCTAGON” against the famous American company Zuffa LLC in several crossed opposition and invalidation cases where numerous trademarks are contrasted with  each other with interesting conflicting market aspects; cases are pending.

• Faculty of Law, University of Poznań, 1997-2002
• Post-Graduate Studies - Intellectual Property Law, University of Warsaw, 2004
• Post-Graduate Studies - Industrial Property Law, University of Warsaw, 2005

• Polish Chamber of Patent Attorneys, 2008
• Bioforum Poland, 2025

• Attorney’s at Law bar, 2014