Intellectual property
Intellectual property law is an area that primarily involves providing specialist advice on the protection afforded by the law when a dispute over intellectual property is imminent. Secondly, developing a strategy before the court on the defense of copyright is the key to obtaining a favorable solution.
The legal services on intellectual property that our team can provide are:
Drafting and negotiating contracts for the assignment of copyrights and collaboration on inventions, trademarks, software products, or other creations.
The author of an original design is the only one who can decide whether and how his work will be used or exploited, including by third parties. Any contracts relating to an original creation must be drawn up by a specialist so that your work enjoys the complete protection of the law.
Under a copyright assignment contract, the person who owns the copyright in an original creation, regardless of its nature, will transfer all or part of his or her rights and receive a sum of money in return.
The exploitation and promotion of inventions, trademarks, software products, or other creations may be carried out through collaboration with third parties. A partnership means generating benefits for both parties by maintaining a contractual balance, so it is essential to prevent any unfavorable situation from the negotiation stage.
Drafting and drafting copyright notices, agreements, and opinions.
Intellectual property is an area that requires close attention to existing regulations. We provide expert advice on your rights as the owner of an original work from the moment your creation is born. Our expert advice will help you to prevent a possible dispute in court.
Copyright in a literary, artistic, or scientific work, as well as in other works of intellectual creation, is recognized and guaranteed by law, its protection existing independently of its being made known to the public, by the mere fact of its design, even in unfinished form.
Infringement of a person’s copyright can give rise to civil, criminal, or misdemeanor liability. Still, before taking legal action, you can take other steps to remove the damage to your rights.
Assistance and representation before public control authorities.
Trademarks are protected by registration, which gives the owner exclusive rights to use them. National or even international trademark registration can be a decisive factor in your professional activity by providing increased protection for an essential asset of your business.
Our lawyers can advise, assist or represent you before the public authorities in the field of intellectual property, OSIM (State Office for Inventions and Trademarks), EUIPO (European Union Intellectual Property Office), or WIPO (World Intellectual Property Organization). In these registers, you can check whether a particular trademark has already been registered using a previous search.
For the registration of a brand at the national level, the following steps must be completed: filing of the application and payment of the corresponding fees, publication of the trademark, invoking priorities, if any, and filing of oppositions or appeals, if any, followed by their resolution, examination on the merits, granting of the certificate and entry in the National Trademark Register. The stages take approximately eight months to complete but may be extended if there is opposition or objections from third parties to the application for registration.
The application can be filed online or in person at OSIM’s headquarters. When filling in the application, care must be taken to select the classification according to the Nice Classification system, which allows for a definition of the goods or services to be protected by a trademark application through a series of representative terms. From the day of applying, you will benefit from temporary protection, which will become definitive when the registration certificate is issued and will be valid for ten years, with the possibility of extending it for consecutive periods of 10 years.
Assistance and representation before the courts.
Do you consider that your intellectual property rights have been infringed? The Blaj Law team also provides legal service and representation in court about intellectual property.
Our team can help you take legal action, regardless of the damage you have suffered. Original creations are present in various areas of people’s business, so if you are involved in a dispute, it is essential to choose experienced lawyers to support you through all stages of a lawsuit.
