Dispute avoidance strategies need to consider that at some point, sooner or later, it may be necessary to resort to the courts to recover a right or defend against a third-party claim. ELZABURU's contentious practice has undergone enormous growth in recent years because of the vast experience accrued and the high prestige attained by its team of litigation lawyers.
ELZABURU has a team of highly experienced lawyers with proven track records who deal exclusively with intellectual property contentious matters. Additionally, ELZABURU has been at the forefront of the recent trend towards relying on such alternative dispute resolution procedures as mediation and arbitration, in its ongoing effort to seek out the most effective remedy in each case, with the clients' best interests in mind.
As a means of dispute resolution, arbitration is particularly well suited to intellectual and industrial property and information technology.
Parties to international licensing agreements are often unable to agree on which courts should be competent to rule on any disputes.
Arbitration can be an ideal solution in such cases. Arbitration may also be appropriate in disputes at the national level, and because it offers speedy settlements, it may be a preferred means of dealing with a dispute. In any event, arbitration matters are assigned to arbitrators who are experienced and accomplished in the specific field concerned, a key feature to bear in mind.
Our Firm's expert IP team includes specialists in the different forms of arbitration for infringement and licensing matters and for transactions of other kinds, in areas ranging from domain name dispute resolution to audiovisual rights, trademarks, patents, information technology, know-how, etc.
We are able to advise our clients on choosing the most suitable arbitration system, taking into account such factors as cost, time frame, and area of expertise, and we can represent them in arbitration proceedings and enforcement of the arbitrator's decision.
Mediation is a highly efficient means of dispute resolution. In Spain it is restricted to the spheres of family and consumer affairs, i.e., our country has yet to put its great potential to full use. However, in other countries elsewhere in Europe mediation is a common means of settling business disputes. Businesses and organizations are more and more commonly turning to mediation as a means of achieving fast and satisfactory resolution of their IP business disputes, one that, rather than impairing, in some cases may even mend relations with the other party. The practice of IP mediation is predicated not only on a solid grounding in the relevant law but also on a thorough understanding of the methods mediators can use to bring the parties together to reach a settlement.
Several of our Firm's expert IP lawyers are accredited mediators registered with official mediation centres who have national and international experience which they are pleased to place at our clients' disposal.
- Legal proceedings of all kinds in trademark, patent, copyright, design, unfair competition, advertising, consumer affairs, and personality rights matters.
- Written submissions and hearings before courts of all kinds (mercantile courts, Community Trade Mark Court, contentious-administrative appeal courts, high courts of justice, provincial appellate courts, Supreme Court).
- Appeals to the CJEU against OHIM decisions.
- Preliminary rulings by the CJEU.
- Preliminary inquiries and discovery proceedings.
- Interim relief measures with/without hearing the defendant.
- Infringement proceedings (cessation, removal, damages).
- Invalidity/nullity proceedings.
- Trademark revocation proceedings.
- Recovery proceedings.
- Requests for declaratory judgments of non-infringement.
- Evidence pleadings.
- Expert technical opinions in patent infringement proceedings.
- Compiling expert and technical evidence in support of damage claims.
- Liaison for service of process and compiling evidence in Spain.
"Beware of entrance to a quarrel; but being in, bear't that th' opposed may beware of thee"
Curso actual y práctico sobre la propiedad industrial (Tirant-Universidad Carlos III), Online
ELZABURU associate-partner, Juan J
Balance del Mobile World Congress de Barcelona: riesgos y oportunidades para las empresas expositoras a raíz de conflictos de patentes
At the last MWC, the Barcelona Mercantile Courts have put into practice a special Protocol against patent infringement where ELZABURU has played an active role
Guidance of IP in Spain : Practice and Litigation = ¿¿¿¿¿¿¿¿¿¿¿
Contribution to the IP Manual offered by SIPO in its webpage about litigation in Spain.
Published by SIPO
Available at: http://www.worldip.cn/index.php?m=content&c=index&a=show&catid=83&id=919
OMPI - Seminario itinerante sobre los activos intangibles como factor de competitividad de la internacionalización y de las comunicaciones - Estrategias de diferentes empresas para resolver conflictos internacionales
ELZABURU partner Javier Fernández-Lasquetty takes part in a round table about judicial and out of court actions to defend IP rights.
OMPI - Jornada de mediación y arbitraje en materia de propiedad intelectual, tecnologías de la información y de las comunicaciones - Mesa redonda sobre mediación
ELZABURU partner, Javier Fernández-Lasquetty takes part in a round table devoted to mediation in the IP sector, organized by WIPO and the Asociación Europea de Arbitraje.