Industrial and Intellectual Property
We advise on the registration, protection and enforceability of intellectual property rights. Our advice is construed from the perspective of Portugal and EU laws and regulations, as well as international treaties and conventions to which Portugal is a party.
Our analysis addresses the legal requirements which should be considered in order to obtain legal protection, to maintain in full force the acquired rights and to dispose, either through licenses or assignments of the respective rights. Our advice addresses related key aspects, such as the connection between trademarks, trade names and domain names or use of industrial property rights and unfair commercial practices.
Our legal assistance provided usually includes namely the rendering of the following legal services:
- Negotiations in transactions (i.e. acquisition or transfer of intellectual property rights);
- Representation in front of public authorities, such as Portuguese Patent and Trademark Office, Portuguese Copyright Office and courts of law;
- Due diligence;
We provide legal assistance in connection with the management of all aspects pertaining to intellectual property rights, including:
- Assistance in drafting license contracts involving either industrial or intellectual property rights as well as in its negotiation process;
- Assistance regarding the registration, assignment and license of intellectual property rights, both from the perspective of Portuguese law, but also applicable conventions and regulations at European and international level;
- Assistance regarding the obtaining, monitoring and maintenance of protection of intellectual property rights at national, European and international level and representation of clients in front of Portuguese Patent and Trademark Office, including within reexamination procedures;
- Assistance and representation of clients in judicial and extra-judicial procedures with respect to infringements of trademarks, notifications of infringements of such rights, disputes in front of courts-of-law, implementation of administrative measures.
We provide legal advise with respect to issues involving, copyright, know-how, image rights legal protection of confidential information, domain names.
The assistance provided by us approaches key aspects, such as:
- Connection between trademarks, commercial names and domain names;
- Relation employer-employee in creation and protection of intellectual property rights;
- Contractual relationships involving the use of trade marks, copyright, know how, as well as domain names and image rights;
- Incidence of specific aspects regarding the performance of commercial activities in online environment;
- Unfair commercial practices and other competition law aspects.
We provide legal consultancy, assistance and representation of clients with respect to:
- Acquisition and transfer of intellectual property portfolio;
- Drafting, negotiation and performance of publicity formalities of license or assignment of intellectual property rights;
- Drafting, review and negotiation of joint venture agreements or other cooperation agreements having as object the exploitation of industrial property rights or of copyrights;
- Drafting, review and negotiation of contracts in view of realization of certain types of works in the name and on behalf of the client, etc.
We perform due diligence analysis in connection with industrial and intellectual property rights, in particular for the purpose of an efficient management or of protection or transfer of industrial plus intellectual property rights of a company or in view of ensuring an efficient protection of the intellectual property generated by employees, by identifying existing risks and proposing efficient solutions.
We provide consultancy and representation of clients in litigations regarding industrial and intellectual property rights, such as:
- Litigations regarding the ownership right title;
- Litigations regarding the contracts for transfer of industrial and intellectual property rights;
- Claims of infringement and institution of special protection measures, etc.