The different modalities for the protection of intellectual property consist of a complex legal framework which regulates the rights and obligations of their owners and also of any third party which may be affected by the observance of these rights through the course of its activity.
Our practice covers all legal, litigation and advisory requirements which may arise from intellectual property rights; from the initial assessment prior to registration and its subsequent filing, to the defence of the corresponding rights before the courts when they are fully in force.
As with other intangible assets and property, intellectual property rights may be the subject of various legal transactions, which may be independent or part of more complex company acquisition or purchasing processes, such as the assignment or licensing of rights. They can also be constituted as a real guarantee in the framework of operations of very varied commercial nature.
Undoubtedly, intellectual property rights grant an exclusive right, but if they are proactively managed they can also become a powerful tool for generating income for their holders.
An active intellectual property defence strategy can be key in strengthening and maintaining market share in respect of strategic products and services and, at the same time, it can be decisive to exclude competitors.
They can be defined as technical-legal reports on patents, trademarks and designs which analyse whether a product or service falls within the scope of protection of an exclusive right owned by the client or by a third party, as well as the validity and viability of the registration.
In a changing global economic environment, many companies and organisations go through processes of investment, sale and purchase, merger or division. A key aspect for determining the value of these transactions lies in industrial and intellectual property rights (patents, trademarks, designs, copyrights and trade secrets) as they shape the corporate assets that encapsulate the entire holder’s innovative and differentiating efforts.
Looking after intellectual property assets is tantamount to preserving and contributing to the creation of value within a business. Good IP practices constitute a protocol for a comprehensive management of intellectual property which optimizes protection, maintenance, exploitation and control of the holder’s intangible assets.
The commercial exploitation of intellectual property rights forms part of the value chain derived from the ownership of a patent, trademark, design or copyright. This exploitation may be carried out directly by the owner or through third parties that have the necessary industrial technology and means to do so.
The increasing importance of intellectual property rights as a competitive element in the economy is also creating the need to assign a value to them which makes them quantifiable with a certain degree of objectivity.
Author’s rights to intellectual property, or copyrights, refer to the economic and moral rights of creators in respect of their artistic and literary works. Copyright is a universally recognised right which permits the author of a work to prevent its reproduction or modification, as well as to obtain economic returns for the assignment of rights to use (from a financial or economic perspective) and to protect his or her reputation (from a moral perspective).