Abecsa provides legal advice and assistance for all matters involving Intellectual Property rights by reviewing each matter, planning the needed legal strategy to follow and making our proposal available to the client, according to the case and facts.
IP Litigation and Defense.
When litigation is inevitable, we can defend our clients in infringement cases at the Spanish competent Commercial Courts and European Court; we represent both plaintiffs and defendants in enforcement of all types of intellectual property conflicts on unlawful use or unauthorized exploitation of patent, registered or unregistered trademark and design rights, counterfeiting, infringement of copyrighted original works, including unfair competition, trade secrets, breach of contracts, false advertising acts and domain name dispute cases. There are many different measures on which we may intervene such as in oral judgment proceedings, trials and appeals, emergency injunctive relief applications and seizures, among others. In court proceedings our expertise is crucial but in some cases we have no interest in extending conflict without need, so we put our efforts on reaching an effective and reasonable settlement as economically and favorably as possible to our client’s interests.
Cease and Desist Communications.
On pre-litigation stages, we may also prepare, answer or send cease and desist letters via Burofax; the certified Post Office’s delivery service, to warn infringers about their probable violation of our client’s rights by formally requesting them to immediately stop all illegal business operations and of the next civil or criminal measures we shall take in short if no reasonable settlement is reached nor any of the requested conditions are met within the fixed deadline.
According to the pre-agreed obligations between the parties, we can draft custom-made contracts or evaluate the terms and conditions of any IP related agreement such as for licensing, joint ventures and joint ownership, distribution, franchise, registration of businesses in the Spanish Register of Franchisers, non-disclosure agreements, consents, etc. – Assignments. We can prepare the needed contracts and sales-purchase agreements to transfer the ownership of trademark and design rights as well as patent and related technology transactions. – Licensing. We can draft tailored agreements or evaluate the terms and conditions in-depth of any IP related contract for licensing, joint ventures, distribution, franchise, non-disclosure agreements, consents and coexistence agreements.
Upon client’s request, we would review those new applications for registration to check if they are or not likely infringing earlier registered rights. During the procedure of all type of IP protection applied for at either the Spanish Office (OEPM) or the European Offices EPO and EUIPO, we may defend our clients’ files if these are challenged by others, respond to office actions whenever these are objected or expressly oppose new potentially conflicting applications. Each action shall be carried out adequately and in a timely manner by filing the duly based counterstatement in reply or the opposition notice with relevant and substantiated observations, by appealing decisions or by lodging Contentious-Administrative-Appeals against the Office, cancellation (invalidity) or revocation action requests on lack of use, whenever these are applicable.
via our contact form if you need free preliminary legal advice on any intellectual property issues.
- The full name and address of the interested person.
- Check if you are or will be the: Claimant | Defendant | Licensor/Assignor | Licensee/Assignee | Other.
- Your Right (if any) is a: Patent | Trademark | Design | Other – Application or Registration No. and National, Regional or International Office.
- The nationality or country of establishment of the interested person.
- VAT Number (NIF/NIE), only if the applicant is Spanish or established in a EU country.
- The full details of the other party.
- Other Party’s Right is a: Patent | Trademark | Design | Other – Application or Registration No. and National, Regional or International Office.
Any information you disclose to us is legally privileged and confidential, using it strictly for the purpose or needed service we are instructed to handle in your name.