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Business Clients

Intellectual Property

Regularly instructed by artists and sport people, media and entertainment lawyers, Del Canto Chambers advises on commercial joint ventures, franchise projects and even religious trade mark disputes!

“In 2010, the disruptions of social media and digital journalism changed forever the Intellectual Property as we knew it, and we were at the heart of that change.”

León Fernando Del Canto

Intellectual Property

We, at Del Canto Chambers, Are Passionate About Intellectual Property.

We get involved from registration to restructuring of Intellectual Property holdings up to very complex dispute resolutions in Europe, America, Middle East and Asia. Please see some our major cases. Our clients range from individual creators, inventors and artist, SMEs to international corporations and other organisations, including non for profit foundations.

Our relationship with Intellectual Property started in the late 90s through the LLM in Solent University and the work of Professor Mark Wing. A long standing association with advocate Michael Coyle for over 20 years, made us Chambers of choice for Intellectual Property matters. Since 2007 when we attended the first international program on the monetisation of Intellectual Property at Harvard Business School, the financial, accounting and tax aspects of IP are an essential part of our work.

Intellectual property (IP) is one of the most valuable properties, and its is not, and must not, be always a commodity. It must be understood as a creation of the mind, in most cases for the advancement of society. It includes generally: inventions, literary and artistic works and designs, but also commercial symbols, names and images.

There is a tremendous diversity of responses to the growing importance of intellectual property on the part of firms. In many cases, firms have ignored the increased role of intellectual property in today’s economy for too long, and have failed to adopt strategies to monetise their holdings. In other cases, however, companies have adopted “scorched earth” policies that aim to confront and litigate with rivals about intellectual property, which have often proved to be counterproductive as well.

Josh Lerner, Jacob H. Schiff Professor of Investment Banking at Harvard Business School.

Economy and Intellectual Property

One out of every three jobs in the EU is supported by industries that make intensive use of intellectual property (IP) rights like trademarks, copyright, designs and patents. Intellectual Property rights-intensive industries account for more than 42 % of total economic activity in the EU (approximately EUR 5.7 trillion of the EU’s GDP). Therefore, it is important to determine the categories of intangible assets to be protected, including the following categories, as determined by the WIPO (World Intellectual Property Organization)

  • Innovative products and processes, including some aspects of business Know How and even well established and innovative protocols (through patents and utility models). Over the years, and specially in a digital economy, there has been an increasing interest in protecting a myriad of processes and models. It is worth noting that around 95% of the world’s utility model applications are filed in China, totalling more than 50% of the number of utility patent applications filed worldwide as reported by WIPO.
  • Cultural, artistic and literary works including, in most countries, also computer software and compilation of data (through copyright and related rights protection). One of the areas where we have been involved is in the discussion of some forms of Yoga and copyrights. For an interesting discussion on this matter please look up “Can a sequence of movements such as yoga poses or dance steps be copyrighted?”
  • Creative designs, including textile designs (through industrial design rights). We worked with an interesting Sotogrande based designer who brought some ancient Ottoman designs into modern textiles. You can see her examples under the name “Rocio Moreno”.
  • Distinctive signs may be protected, mostly through trademarks including collective and certification marks, but in some cases through geographical indications too.
  • Domain name disputes, arising largely from the practice of cybersquatting, which involves the pre-emptive registration of trademarks by third parties as domain names. Cybersquatters exploit the first-come, first-served nature of the domain name registration system to register names of trademarks, famous people or businesses with which they have no connection.
  • Microchips through protection of layout-designs or topographies of integrated circuits.
  • Denominations for goods of a given quality or reputation attributable to the geographical origin (through protection of geographical indication), as it has been done profusely with many foods and wines in Spain, such as Sherry county in Andalusia.
  • Trade secrets, through protection of undisclosed information and confidential information of commercial value.

Turnkey Project Management

Del Canto Chambers offers a turnkey project management approach with a full-service support solution, including decision-making protocols and timelines. We are experts in Intellectual Property, from registration, to licensing and international dispute resolutions. We advise on all legal and tax issues related to managing Intellectual Property rights internationally. 

We have worked with a variety of Intellectual Property and related rights projects in Spain, Middle East and Latin America, advising European and American companies. Our team is able to offer turn key solutions managing the whole project with our local partners. Our advice includes the development of planning strategies for Intellectual Property holdings, drafting agreements and disputes in digital media business. Our clients included franchise businesses and media companies. 

We have advised and represented many well-known brands, from indie cinema productions to luxury yachts, premiership football clubs, telecommunications companies, charitable organisations, franchises and many more in relation to the preservation, protection, dissemination and enforcement of their Intellectual Property Rights. Please check our Major Cases page.

Our expertise in advising on the best strategies for obtaining and enforcing intellectual property rights sets us apart from other firms. As members of The Leading Edge Alliance, we work with local auditing firms assisting with tax audits and general compliance. We work collaboratively with LEA Global firms, with a strong focus on client service.

The partner in the original engagement stays involved throughout the work to ensure you experience a seamless service. That connection provides consistency and intimate client knowledge, expertise and proactive advisory services.

Our services:

  • Tax advice on Intellectual Property contracts
  • International restructuring of Intellectual Property Holdings
  • Trademarks, Patents and Copyright protection and licensing strategies, including agreements and SPV for IP holdings
  • Domains and branding disputes resolution services
  • Valuation of IP as intangible assets

What we offer:

  • Personalised service
  • Access to double qualified English and Spanish lawyers
  • Tax and legal services under the same roof
  • Local insight

Let Our Professional Team of Lawyers Help You with Intellectual Property

To make a no-obligation enquiry, please call us on +34 91 080 08 85 or fill out the form below.