Vast expertise in Intellectual Property Rights and related matters, especially litigation.

AREAS

AREAS

“A trademark is a sign used to distinguish the products or services of one company from those of others”

Is it necessary to register a trademark to be able to use it in the market? What happens if I use my trademark in a way different from what was registered? Can I use the trademark of a competitor as an Adword? If I obtain the registration of a trademark am I safe from any claim? Can I import an original trademark product from outside the European Union?

These are typical questions from our clients which we answer always trying to find the quickest and most satisfactory solution.

“A design is the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation”

Can any design enjoy legal protection? If I have already made my design public, do I have protection? If I obtain the registration of a design, am I safe from any claim? Can I use the design of a competitor? Does a design created by me, as an employee, belong to me? If my design has expired, do I have copyright protection?

These are examples of questions which we have come up against and on which we have advised our clients so that they could resolve conflicts in which they find themselves involved.

“Those inventions which are new, imply inventive step, and can be applied industrially are patentable”

Can I produce a product patented by a third party? Can patents be cancelled? How can I avoid infringing on the patent of a third party? What can I do if someone copies my patent? What are the differences between a patent and a utility model?

These are some of the many questions which our clients put to us in an area of special importance and particular complexity where the definition of good strategy can be a deciding factor.

“The Unfair Competition Law protects competition in the interest of all those involved in the market, laying down those acts deemed as forbidden due to being unfair including unlawful advertising”

Can a product imitate the product of a competitor? Can I create a company and devote myself to the same activity of the company where I used to work? What knowledge can I use in my new position of employment? What exactly is considered a trade secret? Am I protected by freedom of expression if I refer publicly to my competitor? Can I engage in comparative advertising?

The casuistry which can be analyzed from the perspective of unfair competition is so varied that the examples of consultation from our clients are so diverse and of such different scope. Our objective is to study each case in detail and offer the best solution.

“The copyright of a literary, artistic or scientific work belongs to the creator because of the simple fact of his creation”

Is every work protected? Is registration necessary? Who owns the copyright of works that have been commissioned? What role do entities such as SGAE play? If I have a registered design, am I also protected for copyright? Can I copy the work of a third party? Can I do what I want with a painting which I own?

Our clients have asked us an endless number of questions over the years in this regard in an area full of important, successive legal modifications and in some cases of changes in jurisprudence.

“Rights respecting honour, personal and family privacy and one´s image itself are protected against any unlawful intromission”

Can I prevent the circulation of a photo with my image? If anyone takes an image of me can I oppose its later use? How can I act against someone who has defamed or slandered me publicly?

These are some of our clients’ questions. We can help you to clear up any doubts.

Por datos personales se entiende toda información sobre una persona física identificada o identificable, esto es, toda persona cuya identidad pueda determinarse, directa o indirectamente, en particular mediante un identificador, como por ejemplo un nombre, un número de identificación, datos de localización, un identificador en línea o uno o varios elementos propios de la identidad física, fisiológica, genética, psíquica, económica, cultural o social de dicha persona”

¿Cómo debo tratar los personales de usuarios/clientes de mi despacho o empresa? ¿Estoy obligado a hacer alguna notificación a algún registro? ¿Qué obligaciones comporta el Reglamento Europeo de Protección de Datos? ¿Cómo debo cumplir con la normativa? ¿Qué es la obligación de responsabilidad proactiva? ¿Tengo que nombrar a un Delegado de Protección de Datos en mi empresa? ¿Cómo usuario, qué derechos tengo sobre el tratamiento de mis datos?

“Advertising is any type of communication made in a commercial, industrial, artisanal or professional context, in order to promote, directly or indirectly, the sale of goods and services.”

Can I advertise my own goods comparing them with those of a competitor? Do I keep any intellectual property right as an author of an advertising campaign made for a third party? If nothing is said about intellectual property rights in the contract with my advertising agency, does it mean that I’m their exclusive owner? If due to my job contract I create something for a publicity campaign, do I have any right over it? I’m an influencer. If I mention a trademark in my posts, do I need to say it is publicity? And if I don’t charge anything for it?

“Domains are identifiers used to locate a web site. There exist first level domains (.com .org .net .es.uk etc.) and second level which are those which each one chooses to identify itself and which may or may not coincide with the name or trademark of the person who applies for it”

Do I have to register my trademark as a domain name? What can I do if someone uses a Domain Name identical or similar to my trademark? Can I be obliged to transfer my Domain Name?

Disputes over Domain Names have increased significally in the last years. This means that we have had to advise our clients on a large number or questions, and we have had to look for the best solution in each case.

“El término comercio electrónico (e-commerce en inglés) hace referencia a la utilización del entorno digital e Internet para realizar transacciones comerciales.”

¿Qué debo hacer para vender por Internet? ¿Cómo tengo que informar a los usuarios? ¿Qué derechos de los consumidores tengo que tener en cuenta? ¿Qué puedo hacer frente a abusos o fraudes cometidos en mi sitio web? ¿Puedo enviar comunicaciones comerciales sin consentimiento de los destinatarios? ¿Para efectuar una promoción de mis productos, cómo debo informar a los usuarios de mis condiciones de participación?

PDO (Protected Designation of Origin) identifies and cover the names of quality agricultural products and foods with a strong link to the defined geographical area where they are produced.

Can a PDO prevent the use of a trademark? Can a PDO be used against the commercialization of products coming from the same territory, but not authorized by the competent bodies? Can a PDO prevent the use of a sign which, although not similar, could suggest in some way that PDO?

Should you have any doubt do not hesitate to consult us.

“Plant varieties that are novel, distinctive, homogeneous and stable can be protected by means of plant breeder’s rights”

Can plants be protected? Who is the owner of a new plant variety? What do I need to do to obtain Plant Variety Protection, and what rights does it grant? How long does Plant Variety Protection last? What is the difference between the Plant Variety Registry and the Commercial Variety Registry?

What must I do to terminate a verbal distribution agreement or an indeterminate-term agreement? When a distribution contract is terminated, can I apply the same criteria to claim for damages as those for agency contracts? What do active and passive sales mean in the context of distribution contracts? Does entering into a franchise scheme entail a trademark and know-how license?

SERVICES

Advice / Prosecution / Contracts / Litigation

ADVICE

We deal with any questions related to our areas of expertise and safeguard our clients’ interests, not only by defending their rights, but also by preventing, preparing for and tackling future controversies.

We assist our clients to establish the strategy to adopt against their competitors or related to possible collaborators in any relationship that could be entered into.

PROSECUTION

We manage the whole process and its different steps from the application for to the granting of trademarks, designs and patents at either the Spanish or any International Patent and Trademark Office. When necessary, we work together with the most suitable technical experts.

Our services include the vigilance and monitoring of IP files; we conduct due diligences of IP portfolios for their rationalization and optimization

CONTRACTS

We take part in the negotiation, revision and drafting of:

Controversy settlements
Transfer and licences of any intellectual property rights
Technology transfer agreements
Franchise agreements
Distribution and agency contracts
Advertising creation

LITIGATION

We are highly specialised in the management of court cases. We have a deep knowledge of the court procedural system, which enables us to choose the best way to solve the matter.

We appear both as plaintiffs and defendants in all kinds of civil or criminal proceedings before the Spanish Courts or other European and International organisations.

For instance:

Infringement actions, preliminary measures, interim orders.
Unfair competition actions at Courts or before the competition authorities.
Proceedings before Criminal courts regarding criminal offences against intellectual property rights.
Arbitration claims at the WIPO to recover domain names.
Appeals to administrative courts in relation to decisions of the Spanish Patent Office regarding trademarks, patents, utility models and designs granted or refused.
Arbitration or mediation proceedings.
frase horitzontal banner gran ENG
we listen blau 2
Captura de pantalla 2016-05-12 a les 20.37.51