legal action

Legal action focuses on offering the best possible legislative protection in defence of Industrial and Intellectual Property assets, analysing at all times the best strategy to follow.

We have in place a team of in-house lawyers with lengthy experience, who study, evaluate and offer advice in order to resolve any procedure of litigation in connection with Industrial and Intellectual Property assets. Defending our clients' rights and interests before the civil, companies, criminal and administrative litigation courts in Spain, the European Union, and abroad.

To defend the interests of the client's Industrial and Intellectual Property assets against any third parties that might infringe the rights, it is often necessary and effective to serve a formal letters to the infringers, advising them of the existence the prior rights and the possible infringements they are committing, demanding the cease. It is essential to study the best strategy tailored to each specific case, as well as the defence and technical procedural strategy to respond and reply to demands served on our clients.

Over recent years the phenomenon of piracy, counterfeiting of trademarks and other industrial and intellectual property rights has registered exponential growth, as marketplace and e-commerce platforms have become more widespread, as a typical method for consumers to acquire products. This rise in piracy and counterfeiting demands that the holders of industrial and intellectual property rights make significant efforts to defend their rights. We have a department specialising in exercising preventive measures through customs actions to prevent counterfeit products from crossing EU borders, and police measures in the event that counterfeit goods are being distributed within European Union territory.

Trade fairs, conventions and congresses are events at which Industrial and Intellectual Property rights holders show off their products and latest developments to the sector. In order to defend our clients' rights and avoid future harm, it is essential to prevent third-party competitors from being able to show a product that could infringe an Industrial Property right. We have lengthy experience in this regard in processing interim remedies before different court institutions, both civil and criminal, in Spain and abroad, through an extensive network of legal associates worldwide.

Industrial and Intellectual Property assets are rights in rem, and ownership may be licensed, assigned, sold, franchised, mortgaged, guaranteed, etc., forming part of the goodwill of the rights holders. In order to be able commercially and effectively to exploit such rights, it is essential to structure ad hoc contract in each specific case, aiming at all times to prioritise the interests and rights of the owners of such assets.

Industrial and Intellectual Property assets are among the most important possessions of companies and rights holders. In order to conduct negotiations concerning these assets with third parties, it is essential to understand and study the aims and purposes of the rights holders. Our legal department has built up extensive experience in national and international negotiations in different languages, ensuring at all times that they safeguard client interests.

Mediation and arbitration have seen a boom in recent years. Mediation and arbitration are highly effective conflict resolution instruments perfectly suited to industrial and intellectual property conflicts both nationally and internationally. We have highly experienced mediation and arbitration specialists.

Intangible assets are what gives a company a competitive edge ahead of its competitors. To ensure that companies value and obtain the benefit of their Intangible Assets, it is essential to identify, appraise and protect these assets, requiring restructuring of different corporate procedures and agreements, which our Legal Department will help identify, draw up and implement.

Mariola Caballero

Lawyer. Junior partner.