Industrial and intellectual property

Schmukler IP offers a wide range of services in the areas of patents, trademarks, service marks, models, designs, copyrights, software protection, domain names, including the assistance and advise in the protection rights, their handling and defense, mainly in Argentina, though also focused on Latin America.

Trademarks

Comprehensive advice and effective execution of work orders are the essence of this practice area.

We provide strategic management services related to our customers’ trademarks portfolios, assisting them in background search in order to determine eventual pre-existing marks as well as the specific classification of the products and services to be protected.

We are permanently available to our clients in the entire processes of registration, renewal and trademark watch, transfers, changes of name, opposition management, both at national and international levels, rendering advice in relation to the international agreements and treaties on the subject-matter.

Patents

Schmukler IP provides full integral advice in the handling of applications for patents of inventions, utility models and industrial designs and models. We join our clients since the early stages of the procedure, and assist in preparing and drafting the relevant applications and filings at the Patents Office, as well as in following up the procedures until grant, including maintenance, control and payment of annuities in the case of patents and utility models.

We have a team of experts in their relevant disciplines (biotechnology, genetically engineering, chemistry, mechanics, power, etc.), for the performance of patent searches in national and international databases, as well as for the preparation of technical and patentability expert reports.

Such investigation, made both in Argentina and global databases, allows us to develop the analysis, opinions and memorandums, including patentability expert opinions, free trading (FTO) and third-party patent infringement.

Copyrights

At Schmukler IP we advise our clients in the protection of their rights of authorship, by means of the registration of their works at the National Copyrights Office, thereby obtaining protection of artistic, literary, scientific works, web pages, multimedia, software and entertainment.

Our Intellectual Property specialists advise in different aspects related to this area, such as deposit of musical works, drafting of patents related to Intellectual Property, enforcement of judicial actions and settlement agreements aimed at dispute resolution in intellectual property infringement issues.

Contracts

In turn, we assist our clients in the negotiation, drafting and review of contracts related to Industrial and Intellectual Property, such as trademark use license agreements, trademark assignment agreements, patents and other industrial and intellectual property rights; translation of literary works, edition, diffusion and distribution of works; use of image and assignment of copyrights; most of them related to artistic activity; software license, development and maintenance agreements, including also technology transfer, technical assistance, which require specific knowledge of the area.

Due Diligences – Trademark Value

We have strong experience in this area since we have made auditing at very significant amounts, verifying patent portfolios, trademarks and other industrial rights in processes of acquisitions, mergers, financing, etc.

We check the existence of securities and seizures on industrial property rights (trademarks, patents, etc.), as well as restraints on property; pending trials to which the client is part and where industrial and intellectual property rights are in dispute.

In addition, we control the status of trademarks and patents portfolios, and regarding copyrights, analyze the existing contracts, such as, for instance, licenses, edition, etc.

Our updated database in Argentina allows us to access the most complete information confidentially, quickly and precisely.

Many times there is a need of intangible rights valuation, whether to give or receive them as security, or for being part of a transaction. In such case, our firm, jointly with first-class consultants, offers valuation services by means of internationally accepted renown systems.

Internet, Information Technologies and Intellectual Property

We advise in relation to registration, renewals, appointments and transfers of domain names and web sites, as well as regarding cyber-squatting, articulating the relevant means for their restoration by legal means.

We obtained the first administrative decisions on cancelation of domain names in Argentina, and restored a large number of them and acted successfully in resorting to international arbitration systems, especially at the WIPO Center for Mediation and Arbitration.

Analysis of data bases and adaptation thereof to the personal data laws applicable in Argentina (including the relevant audit and advice for registration thereof at the National Database Registry).

Counter-Piracy actions and campaigns. Customs Services.

The ADPIC or Gatt-Trips established border measures, which are procedures at customs to prevent import and the entry to the commercial channels of merchandise infringing industrial and intellectual property rights.

To conduct this control, a new procedure was created for controlling goods bearing falsified trademarks, known as “Alert System”, which allows to record at Customs the registered trademarks and models.

We are very active acting both at the registration stage at Customs, as well as in cases of infringement of rights through the transit of goods. We are experts in the filing and follow up of injunctions in case of trademark infringements as well as in procedures at Customs in order to prevent and stop the entry of infringing goods.

Contentious matters

Schmukler IP has specialized in rendering judicial services, and acquired huge expertise in the following areas:

• Research and surveillance of different markets in order to detect the unlawful use of industrial property rights.

• Dispute negotiation and resolution in relation to industrial and intellectual property rights.

• Injunctions on every kind of industrial and intellectual property rights; we are acquainted with orders of

• Filing of judicial actions due to infringement of industrial and intellectual property rights, namely, cease of use, injunctions as well as the application of international conventions: Trip’s – ADPIC. cease of oppositions, lapse, nullity, trademark restoration, among others.

Contáctenos

Fill in the form to send us a message