Intellectual Property
The Intellectual Property Department is staffed by a multidisciplinary team of lawyers, patent and trademark agents and patent experts, some of whom hail from renowned international institutions operating in the field. The professional team provides Spanish and foreign clients with integral advice on all matters relating to the legal protection and commercial exploitation of all types of intangible assets and, in particular, those subject to IP legislation: trademarks and other distinctive signs, patents and utility models, industrial designs, designations of origin and geographical indications, artistic, literary, scientific, audiovisual and technological creations, personal portrayal, personal and business reputation, information and know-how with business value, etc.
The Department focuses particularly on problems relating to the protection and exploitation of intangible assets in digital format and online, above all on social networks, given their major impact on today’s economy and society. It handles highly complex, large-scale contentious matters in relation to, e.g., digital piracy, e-books and the protection of business reputations on the Internet and on social networks in particular.
Elsewhere, the Department is also highly active in the health, food and industrial segments of the biotech industry. Its in-depth knowledge of the industry-specific idiosyncrasies and challenges leaves it ideally placed to offer comprehensive advice to industry players on issues relating to the protection, development and transfer of their technology.
The Department also has a key service line focused on the strategic management and planning of Spanish and international registered trademark and patent portfolios, offering clients solutions that enable them to maximize the protection by registration of their assets in different markets at the lowest possible cost. In constant contact with their clients, the practitioners assigned to this service line design strategies that allow them to make the most of the existing registration mechanisms, backed up by proprietary technological tools ensuring the utmost operational reliability, expediting dealings with registries, and enabling clients to constantly and efficiently monitor all procedures and transactions.
The Department can boast professionals with an in-depth knowledge of the IP legal frameworks in countries such as China and Brazil and a wealth of highly relevant experience in advising on the protection of IP rights in such emerging markets, above all in the wine, oil, agri-food and IT industries.
Trademarks
The IP team provides global advice on the administrative and judicial protection of trademarks for companies, taking in everything from registered trademark portfolio creation, management and maintenance to local, international, regional and community trademark registration processes, the negotiation and drafting of assignment, licensing, merchandising and joint venture agreements, the preparation of registration viability and usage reports, acting in court proceedings in relation to trademark infringement, nullity and revocation, as well as the bringing of actions for unfair competition.
Patents
The Department has in place a professional team dedicated specifically to providing legal assistance in contentious matters relating to patent and utility model infringement, validity and ownership. By combining the extensive experience of its patent lawyers with the technical expertise of engineers, chemists, etc., in keeping with the needs of each engagement, the Department is able to offer greater, more in-depth knowledge of the patented technology and state of art under analysis, something which obviously translates into value added for defending its clients’ interests.
The Department is also hugely experienced in designing the strategy and drafting collaboration agreements for the joint execution of R&D&I projects, etc., as well as technology transfer agreements (patent and know-how licensing and assignment agreements, etc.), while also advising on the drafting and protection of Spanish, European and PCT patents, and preparing technical reports on patentability, ‘freedom to operate’ and the infringement or validity of rights.
The Department’s patent experts have also been providing recurring advice on food and food supplement labeling and advertising, focusing particularly on issues concerning health and nutritional claims. The experience and leadership of these practitioners have been recognized in the most prestigious international directories, which have singled them out both for their contractual advice and for their contentious work in the IP and biotech areas.
Copyright, privacy, advertising and marketing
The Department also has a team of specialists dedicated specifically to providing advisory services to the content (TV, movie, radio, theater), fashion and design industries, advertising agencies, media outlets, tech companies and social networks, cultural and sporting event organizers, and museums, and concerning the protection of the nation’s cultural and architectural heritage. The team’s areas of expertise include:
- Specialist legal advice on contracts for the publishing, music, audiovisual and videogame industries. Copyright protection through steps taken with the Intellectual Property Registry, notarial deposits and escrow agreements. Copyright clearance by analyzing the lawful use of third-party content and negotiating with the various collecting societies. Court and arbitration proceedings concerning IP matters, above all in relation to the Internet.
- Advice on issues relating to freedom of expression and the right to information online and in the traditional media. “The right to be forgotten”. Business reputation protection and communication crisis management. Online defamation. International advice offered in conjunction with a network of specialist law firms. User-generated content management.
- Advice on marketing campaigns, promotions, product placement and ambush marketing. Contracts with copywriters. Sponsorship and advertising agreements. Regulated advertising (gambling, alcoholic beverages, pharmaceutical products, etc.) Filing and answering claims with self-regulatory bodies. E-marketing (social networks, search engines, blogs…). Commercial image exploitation in the sports and entertainment industries. Staging of major events.
Contacts
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Tel:+34 91 514 52 00Madrid, Italian Desk -
Tel:+351 213 821 200Tel:+34 91 514 52 00Lisbon, Madrid
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