The IPRGROUPSCANTM
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GARRIDO PASTOR ABOGADOSGARRIDO PASTOR ABOGADOS SLP |
About us
This firm is what is known as an intellectual property boutique.
Garrido Pastor files, registers, monitors, maintains and defends before the Courts intellectual property rights. In summary, we are an intellectual property agency and firm. We seek to be a highly specialized, demanding, friendly, competitive and modern firm using state-of-the-art technologies.
Advantages of our dual nature
Essentially, the advantage of being both an intellectual property agency and a specialized firm is that from the agency, we participate in generating rights. We apply for them taking into account their reference market, and we adapt them if need be so that they are strong rights.
The firm is therefore fully aware of the registration status of rights and of earlier related rights in order to provide clear, reliable and immediate advice and protection. We do not need to study cases from the outstart, nor do we need to outsource.
Practice areas
The Agency handles the generation, birth and life of all classes of intellectual property rights: trade marks, trade names, patents, utility models, designs, copyrights and domain names. We focus on registration proceedings and closely follow anything that takes place in this area that may affect our clients rights. The agency provides the following services:
Searches and Registrations
- Inventions: National, European and PCT Patents. Utility Models.
- Distinctive Signs: National, International and Community Trade Marks. Trade Names.
- National, International and Community Designs.
- First, Second and Third-Level Domains.
- Copyrights for Literary and Scientific Works, Musical Compositions, Comic Books and Strips, Plastic Works, Photographic Works, Maps, Computer Programs, Electronic or Multimedia pages, Databases.
Maintenance
Surveillance: Trade Marks, Technology and Design.
Protection: Oppositions to third party registrations.
Due Dilligence: Intellectual Property audits; control of generation processes; drawing together the mechanisms which assure titles and assessing the suitable protection (portfolio shortfall and oversizing).
Trade Mark Valuation: Determining Fair Market Value (FMV).
National and International: We provide services for Spain and the EU directly from the Agency. For other states, we have agreements with correspondents in most countries worldwide (and wherever we do not have these correspondents, we look for them, meet them, study them and sign them on). We look for committed, competitive, reliable correspondents who like our demanding philosophy and are reciprocal with us.
We provide legal advising services in our specialty from the firm, specifically the following:
Contrats:
- Intellectual Property: Trade mark, patent, design and know how licensing and assignment contracts. Employee invention clauses. Franchising agreements. Contracts: for assigning advertising creations. Software development contracts with an assignment of exploitation rights, contract for assigning the right to use computer programs, contract for assigning rights over contents, contract for producing sculptures with an assignment of rights, merchandising properties contract, plastic art exhibition contract.
- Right of publicity: contracts for assigning image rights (for an advertising campaign, packaging, photographs).
- Competition: confidentiality and non-compete clauses.
Reports on dispute situations
Preparation of evidence: Rights over intangible assets, the presumed infringing conducts, physical and digital carriers require a prior preparation of evidence concerning the facts for their suitable submission in a court.
Transactions: Courts are the final and unfortunately sometimes uncertain recourse. We seek to offer satisfactory solutions for the client which we draw up for formalization in transaction contracts.
Litigations: Actions for infringement, annulment, revocation of rights over intangible assets, for committing acts of unfair competition. Proceedings concerning domain name cybersquatting before the WIPO Arbitration and Mediation Center.
Membership
INTA
Publications
ECJ judgment: protection of unregistered designs in EU
2014-05-29
The industrial design, or in European Union terminology, the Community design, is most likely the most complex type of intellectual property as it is at a crossroad or is the link in the entire discipline. The industrial design, a creation that is materialized into a product, can indeed also be protected as another type of intellectual property through another type of intellectual property rights, and it can also be protected under unfair competition laws.
Trademark genericism, but for whom do they become generic? (ECJ Judgment 6 March 2014)
2014-07-25
When a trademark is genericized, it can be grounds for revocation thereof. It occurs when a validly registered and distinctive sign loses that ability to distinguish the good or service as being from a particular corporate origin and becomes, “in trade”, a common name for the type of good or service it distinguishes. By losing...
“Reusing” databases (GasPedaal case)
2015-01-30
Internet search engines can be general (Google, Yahoo) or dedicated search engines, i.e., specializing in one topic. A metasearch engine sends search commands from its users to other search engines.
To link or not to link. (“Svensson” case)
2015-01-30
This ECJ Judgment of 13 February 2014 (case C-466/12) deals with the following case: Two journalists who wrote press articles published on a newspaper’s web page, without any restriction whatsoever, filed a complaint against an undertaking called Retriever Sverige (RS), that manages a webpage providing its customers with lists of clickable links redirecting users to articles published on other web pages. The question is: does this constitute communication to the public?