Grupa Zywiec’s Sale of Brewery to Van Pur

Grupa Zywiec sold its brewery in Braniewo, Poland, and its Kuflowe, Braniewo, and Jasne ze Pelne beer brands to Van Pur.

Stachowicz Ptak and Traple Konarski Podrecki & Partners advised the buyer on the deal and Allen and Overy – with senior associate Marcin Czaprowski and associate Jan Spierzak – advised the seller.  Financial details of the transaction were not disclosed.

Stachowicz Ptak’s team consisted of partners Boguslaw Ptak and Jerzy Stachowicz, senior associates, Jacek Gasior and Malgorzata Orlik, and junior associates Mateusz Makosza, Magdalena Stefanska, Aleksandra Makowska.

Traple Konarski Podrecki & Partners’ team consisted of senior partner Pawel Podrecki, partner Anna Sokolowska-Lawniczak, senior associate Zbigniew Pinkalski, associate Justyna Sitnikow and junior associate Julia Jewgraf.

An Interview With Traple Konarski Podrecki and Partners

When purchasing another company, what considerations ought to be made in relation to intellectual property?

When acquiring a brand that has been already been on the market, due diligence of their legal situation is crucial. We had to make sure that appropriate trademarks are well protected and free of any third party claims. Generally speaking in cases like this one, we have to determine what specific IP right is the exact subject of the transaction (trademarks, designs, copyright etc.) and then ensure this IP will be assigned exclusively to the buyer.

Where can things go wrong and what do your team do to ensure this does not happen?

I think this refers to any type of legal work – to predict the worst-case scenario and prevent it from occurring. In relation to IP rights, especially those registered with official authorities, it is important to check official records in order to exclude any inconsistency with internal documents.

How does this deal reflect the current industry? Do you expect to see more deals of this nature in 2021?

This transaction took place on the FMCG market and was specific to the beverage and beer industry and thus I expect we will not see many transactions of this kind as it is very unique. Generally speaking, I would expect more transactions in 2021 as a result of the difficulties that some entities have experienced due to the COVID-19 pandemic; the transactions will be, at least, a partial remedy.

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