Intellectual creations represent the capital of any creative person, artist, writer and musician. The unauthorized use of images, texts, music or the infringement of design rights (copying of products, etc.) does not only cause a loss of royalties, but may also affect other rights. For rightful owners in the cultural and creative industry it is, therefore, fundamental to accurately protect their intellectual property.
How can we assist you in this matter? To give you just a few examples: we can study your specific needs and background and consequently define the most promising strategy to react successfully to violations of any kind. We can protect your rights through a formal cease-and-desist letter, file in Court requesting interim measures or commence a trial on the merits. You can contact our firm to obtain a license or merchandising agreement with the conditions most suitable for the commercial exploitation of your creations. We can further safeguard your rights through the preparation of a deed containing the regulation of your reciprocal positions in case of co-ownership of creations; we can advise you on the lawfulness of your advertising measures; we can prepare a suitable contractual arrangement for the sale and purchase of intellectual property rights, as well as other matters.
Further issues arise in the sphere of users of intellectual property: how far does the scope of protection of a right owned by a third party extend? What are the limits and conditions for the use of others’ creations, or for their re-elaboration, reproduction, representation, performance or distribution (through the internet, etc.)? It may further be necessary to implement the most appropriate strategies to prevent or promptly defend your interests against any claims and unlawful actions taken by third parties.
Our firm can assist and support you in negotiations with business partners or counterparties, to the extent that you desire.
A brand is the face of a company. For this reason, it is necessary to choose the most appropriate brand and then strongly protect it. This is a top priority in today’s complex business environment, as the success and future of a company can largely depend on appropriate safeguard measures of this asset. Any use or trade mark infringement by unentitled third parties may harm the image and reputation of the trademark owner (e.g. marketing poor quality products or services in association with an unlawfully used trademark) and endanger or cause consistent harm on the latter’s turnover (through erosion of market shares, for example).
We can represent and defend you in Court with consciousness. For example, we can request preliminary measures such as an injunction, or assert your rights in an action for invalidity, infringement and related claims for damages, but also resist in proceedings regarding the rejection of unjustified claims of any kind brought by third parties, etc.
Our firm can be your competent consultant, prepare your agreements and support you in negotiating contracts. We can prepare license agreements to commercialize products and services – with your brand – through local partners in countries and territories where a direct presence of the owner is not (or is not yet) deemed appropriate or desired. In addition, we can prepare agreements for the sale and purchase of trademark rights, as well as deal with a range of related issued.
The commercial success of small and medium-size companies is often based on the exploitation of one or few inventions or utility models. As a result, if the company does not address the necessary attention in the protection of such a valuable resource, it can suffer massive damage. Acting and reacting at the right moment with the most appropriate means is essential.
How can we assist you in this task? First of all, with precision and accuracy.
In any case, we can advise and support you in the most suitable out of court initiative to protect your patent rights, as well as in any action or reaction against unlawful requests stemming from an alleged third party’s industrial property right. Specifically, we can defend your Company in interim proceedings and in the merit of infringement or invalidity claims of patent rights, both in the interest of the right holder or of the alleged infringer.
Our firm can supply the know-how necessary to prepare a license agreement properly tailored to your business, as well as of any other agreement for the purchase and sale of patents from or to third parties, as well as deal with a range of related issues.