Trademarks, Patents and Inventions
The purpose of Industrial Property is the distinctive signs of companies: trademarks and trade names, as well as technical inventions and aesthetic inventions that they develop: patents, utility models and industrial designs.
Industrial Property rights protect the creation and promotion of their distinctive signs or the necessary research for the generation of inventions, obtaining a recognition of exclusive rights on distinctive signs and inventions; allowing the differentiation of products or services from those of the competition —brands— or of another entrepreneur in the market -commercial name-, while inventions are divided into technical inventions (Patents and Utility Models) and aesthetic inventions (Industrial Designs) .
The owner of an Industrial Property right can obtain economic returns from his distinctive sign or invention either through direct exploitation or through the granting of exploitation licenses to third parties or transfer of the patent.
Fernández – Palacios Abogados offers a comprehensive service in which a complete team of technicians and lawyers work together in order to protect the invention from its creation, to its registration and subsequent maintenance and defense.
TRADEMARKS AND TRADE NAMES
Fernández-Palacios Abogados collaborates with the creation, registration, maintenance and defense of distinctive signs.
We help determine the scope and object of the trademark, which must have full guarantees of protection, as well as advice on its viability.
We carry out all the necessary procedures for the trademark registration in any country in the world, as well as for the defense of the same in case of oppositions, requests for annulment, expiration, etc. both administratively and judicially.
We advise and accompany you in any type of negotiation regarding the brand, preparing for the appropriate contracts (assignment, license, distribution) that regulate possible legal relationships with third parties.
Likewise, we provide surveillance services adapted to any need in order to avoid the registration of similar trademarks that could collide with the rights of a previous trademark both in the registry and in the market.
VALORACIÓN DE ACTIVOS
- It must be new.
- It must imply an inventive or "non-obvious" step, that is, it must not be possible to deduce it by a middle-level person in the same technical field.
- It must have an industrial application.
- It must be about a “patentable” object. The list of patentable objects is not homogeneous for all countries.
- It must be requested from the competent Bodies fulfilling certain formal requirements.
Utility models protect inventions with less inventive range than those protected by Patents and whose main characteristic is that they must result in an advantage or practical utility.
In order for an invention to be protected through the figure of the Utility Model, it must meet the requirements of novelty and inventive step.
Industrial design protects the external appearance (ornamental or aesthetic aspect) of a product or any of its parts, which may consist of three-dimensional or two-dimensional features.
Depending on the country in question and the legislation
More and more companies are aware of the importance of knowing the value of their Industrial Property rights. These are sometimes the most valuable asset of the company, since they treasure their reputation, prestige and position in the market.
Knowing the value of an Industrial Property asset is key to numerous procedures, such as the granting of exploitation licences, changes in business ownership, obtaining financing, etc.
There are different valuation methods for intangible assets:
- Market-based: studying comparable market transactions.
- Cost-based: analyze the cost of creating or replacing a given asset.
- Based on income: in turn, they are broken down into four modalities:
1) capitalization of historical earnings.
2) differential methods of gross benefits.
3) extraordinary profit methods.
4) the method of calculating the savings in royalties.
Fernández-Palacios Abogados has established an outstanding network of correspondents that allows it to guarantee the defense of rights anywhere in the world.
Litigation and arbitration
Company and continuous and personalized follow-up in relation to preliminary, judicial and arbitration controversies before Courts and Organizations, both national and international.
Thanks to our team of professionals with more than 20 years of experience, together with a vast support network of professionals, academics and international collaborators, we seek to offer the best defense.
We start from the base of finding the best possible agreement for both parties, protecting our clients and saving unnecessary, economic and temporary expenses.
We have a multidisciplinary Department in order to provide our clients with comprehensive advice, which includes the drafting and negotiation of all types of contracts related to our disciplines, such as contracts for the assignment of exploitation rights, use and image licences, literary and musical publishing, audiovisual and phonographic production, software development and web pages, plastic works, confidentiality agreements and Know How, exploitation of formats, audiovisuals and phonograms, etc.
Compliance (regulatory compliance) guarantees the company and all its staff that they comply with the applicable regulations, preventing and avoiding any illegal conduct, as well as the sanctions and responsibilities provided by the Law in case of non-compliance.
Fernández-Palacios collaborate with each company to identify the applicable regulations and whose compliance must be ensured, as well as to establish those policies, strategies and controls that are considered relevant.