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Intellectual Property

Mike Margáin

With a team of top-level attorneys recognized for their professionalism and achievements in Intellectual Property, backed by more than 30 years of experience in both the private and public sectors, our IP team possesses the knowledge and management capacity for an adequate attention and surveillance of the most valuable assets of a company, both nationally and internationally.

Our counseling ranges from the identification, protection and maintenance to the defense and licensing of your IP rights portfolio: copyrights and related rights; new creations through patents, designs, and plant varieties; trademarks, slogans, and domain names. As well as for the preservation of industrial secrets, in the transfer of knowledge and in the use of denominations of origin and geographical indications.

Not having adequate IP strategies in place, as well as not exercising legal safeguard actions in a timely manner, constitute a risk for the development of companies, investments and market preservation.

It is important to encourage companies, service providers, industrialists and entrepreneurs by designing strategies to protect and build IP rights portfolios to take advantage of them and maintain their competitive advantages in trade.

 

Copyrights

We provide advice on protection, licensing and defense to authors and holders of copyrights and related rights.

  • Advice on protection, maintenance and defense of works, as well as negotiation of licensing and assignment of rights.
  • Management in the filing and registration of literary and artistic works, reservation of rights and software.
  • Accompaniment and advice in the resolution of copyright controversies before the courts, and in the - increasingly used - alternative means.

 

Secrecy / Confidentiality

Distinctive signs

  • Registration, maintenance and use of trademarks, advertisements and trade names.
  • Management, handling, preservation and defense of portfolios of trademarks, slogans and trade names in Mexico and worldwide.
  • Advice on the registration of trademarks, slogans and trade names, from searches for prior art, correct classification of products and services, preparation and filing of the application to the answering of all kinds of requirements and obtaining the title.
  • Identification, description, convenience analysis, protection procedures for non-conventional trademarks: scents, sounds, holographic, animated and trade dress.
  • Monitoring and follow-up service in the event of a possible application for registration of identical or confusingly similar trademarks.
  • Advice in opposition to registration proceedings.
  • Planning of strategies to register in other countries using the best system -International Treaties-
  • Advice on domain names.

 

New creations

  • Technical-legal advice on the protection of creative and adaptive innovation.
  • Management and accompaniment in the protection, administration and exploitation of portfolios of new creations, and in the consequent negotiations of licenses, transfer of technology and knowledge.
  • Advice and representation of inventors, companies, research centers and universities, regarding the protection of the fruits of innovation.
  • Analysis of the result of the intellectual activity and proposal of the appropriate protection figure.
  • Searches and analysis of the state of the art; drafting of the description and claims, and preparation of patent applications, plant variety breeder's title applications and utility model or industrial design registrations.
  • Strategic advice on the jurisdictions in which to protect the creation and the domestic, regional or international mechanisms to be used.
  • Filing of applications and follow-up of the respective procedures until the corresponding patent, registration or title is obtained.
  • Attention to requirements, comments or objections that examiners may formulate.

 

Denominations of origin

Geographical Indications

Our strong link with the DO Tequila, has made us promoters of DOs and GIs as a source of identity and business. LGN commentary

  • Advice to producers' unions, municipal and state governments on DOs and GIs, their viability and convenience.
  • Coordination with higher education and research centers in the preparation of technical studies of the products and their particular characteristics derived from the natural and human factors of the region.
  • Management and accompaniment in the application for and processing of the recognition of DOs and GIs, as well as in the authorization of their use.
  • Advice on the development of business strategies. Assistance in the preparation and compliance with the corresponding NOMs and in the creation and operation of self-regulatory bodies.
  • Management and processing of recognition of foreign DOs and GIs in Mexico.

 

Licensing and franchising

We are committed with IP rights holders in the development, potentiation and capitalization of their investment.

  • Negotiation of agreements always seeking that our clients receive the greatest benefits.
  • Elaboration and technical-legal advice on franchise and licensing agreements in accordance with the applicable regulations.
  • Management and follow-up of the registration of the respective agreements before the IP public registries.
  • Accompaniment and coordination in knowledge transfer and business schemes.

 

Enforcement of IP rights

Litigation

Effectiveness, efficiency and commitment in obtaining the best results in the handling of litigation, from forfeiture and nullity proceedings, to controversies derived from the infringement of IP rights.

  • Advice on the defense of IP rights, the various legal actions to be taken, their feasibility and probability of success.
  • Evaluation of the matter, from the strategies to prevent conflicts to the accompaniment, if any, in each stage of the administrative procedure and subsequent trials before the jurisdictional instances.
  • Negotiation before possible conflicts, and accompaniment in alternative dispute resolution mechanisms.
  • Drafting and responding to letters of cessation of IP rights infringement (C&D letters).
  • Representation of licensees / licensors in controversies for the claim of payment of royalties, breach or termination of contracts and indemnities, either in mediation proceedings, arbitration or in civil or commercial litigation.
  • Prevention and repression of acts that infringe IP and constitute unfair competition and even crimes.
  • Advice and management in the fight against counterfeiting and piracy before the IMPI, Mexican Customs and the Attorney General's Office: inspection visits; imposition and lifting of provisional measures related to intellectual property rights and unfair competition, as well as border measures; seizure of illicit merchandise; imposition of fines, and if necessary, filing of the case before a federal judge.

 

Representative Clients 

  • Casa Dragones
  • Clear Channel Outdoor
  • Doopla
  • Bravos Energy
  • Mining Watch
  • Moody´s
  • BowPower
  • Newell Brands
  • Kawasaki
  • Probiomed
  • MicroFocus
  • Blue Orchard
  • Cognizant
  • Palantir
  • New Indi
  • SumiTomo Mitsui Banking Corporation
  • Trafigura
  • Mitsubishi

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