Intellectual and industrial property

Our firm’s team of experienced and distinguished professionals in their respective fields of law take a global and integral approach to protecting the intellectual and industrial property rights of our clients.

 

AGM Abogados has been advising many Spanish and international clients for more than 35 years, offering effective and creative solutions to the problems posed by the protection of their rights over intangible assets.

 

Thanks to the dedication and excellence of our professionals, the firm has built long-lasting relationships with our clients in the course of advising and defending them in legal proceedings for the protection of their creations and businesses.

Our team of Intellectual and industrial property

Vanessa Gañán Rincón

Civil

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Intellectual property and copyright

  • Legal advice on author’s rights and copyright. Authors’ moral rights.
  • Protection and registration of intellectual property rights. Source code escrow agreements.
  • Legal advice on copyright exploitation rights: right of reproduction, right of distribution, right of public communication and right of transformation.
  • Legal advice on fair compensation for private copying.
  • Copyright licensing and transfers. Copyright exploitation agreements, musical productions and publishing contracts. Software contracts and contracts for outsourcing of IT solutions and new technologies.
  • Advertising law.
  • Copyrights to software and computer programs.
  • Intellectual property rights of producers, artists and broadcasters.

Industrial property

We offer advice on the best way to protect our clients’ inventions, designs, distinctive signs and artistic creations. We handle the entire process of registering industrial property rights, as well as maintenance and opposition to applications that may infringe our clients’ rights.

 

  • International patent applications under the Patent Cooperation Treaty (PCT).
  • European Patent Applications (EPAs).
  • Utility models.
  • Legal protection of semiconductor topography rights.
  • Supplementary protection certificates (SPCs) for medicinal products.
  • Supplementary protection certificates (SPCs) for phytosanitary products.
  • Plant variety titles (PVTs).
  • Industrial designs.
  • Community industrial designs (EU).
  • Unregistered community industrial designs (EU).
  • Community trademarks (EU).
  • International trademark applications.
  • Trade names.
  • Protected Designation of Origin (PDO) and Protected Geographical Indication (PGI).
  • Traditional Specialties Guaranteed (TSGs).
  • Writs of opposition to the granting of industrial property rights.
  • Claims to the priority of a previous application.

Contracts and enforcement of intellectual and industrial property rights

  • Joint ownership of intellectual and industrial property rights.
  • Licensing, assignment, usufruct, mortgaging and pledging of intellectual and industrial property rights.
  • Franchise agreements. Advice on drafting and negotiating franchise and master franchise agreements. Know-how transfer agreements. Legal advice on designing distribution networks. Establishment of foreign franchises in Spain. Legal proceedings between franchisor and franchisee.
  • Intellectual and industrial property vis-a-vis inventions discovered within the framework of an employment or service relationship.
  • Pre-existing usage rights.
  • Patent rights over inventions discovered by public research entities and public universities.
  • Company intellectual and industrial property due diligence for sale and purchase transactions, mergers and acquisitions.
  • Law on new technologies. Conflicts involving domain names and trademarks. Industrial and intellectual property rights on the Internet. Piracy prevention. Legal establishment of e-commerce companies in Spain.

Litigation on intellectual and industrial property matters

  • Preliminary proceedings in industrial property matters. Fact-finding proceedings.
  • Preliminary relief.
  • Injunctions to suspend actions that may infringe industrial property rights.
  • Claims for damages sustained as a result of the infringement of industrial property rights.
  • Actions for seizure of goods imported or produced in violation of industrial property rights.
  • Actions for attribution of ownership of the seized goods.
  • Criminal actions in industrial property matters.
  • Administrative actions in intellectual property matters.
  • Actions for annulment.
  • Quiet title actions.
  • Actions for recognition of authorship and tentative protection of industrial designs.
  • Removal actions.
  • Reinstatement of trademark rights.
  • Actions for unlawful enrichment in trademark law matters.
  • Protection of well-known trademarks.
  • Arbitration.
  • Mediation.

Industrial secrets

  • Protection of industrial secrets, NDAs, trade secrets. Right to privacy.
  • Technology transfer agreements.

Articles

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