Intellectual Property Practice
Arzinger provides comprehensive legal services related to the turnover of intellectual property:
- Registration (in the national and international systems or in other jurisdictions);
- Arbitration, courtdisputesandpublichearings (disputesarisingout of violation of intellectual property rights, submission of applications for intellectual property rights protection, unfair competition, etc.,);
- Legal support of the of intellectual property rights (agreements on the transfer of exclusive ownership rights, license agreements and other documents);
- Investment in intellectual property, including the assessment of intellectual property rights and the identification of intellectual property (structuring an “IP packet”);
- Advice on the taxation of transactions with intellectual property rights;
- Conducting Due Diligence of intellectual property rights in mergers/acquisitions; business sales; negotiations on licensing or entering into a franchise agreement; sale/purchase of patents, trademarks or copyrights.
Trademarks are the key elements in competitive relationsand attracting consumers’attention. They are also the main identifiers of brands and can increase or decrease their value. These are the main reasons for the need to protect intellectual property rights to trademarks.
We help you to find a mechanism to protect your trademarks, including, in the case of their illegal placement as part of Internet domain names.
Inventions, industrial designs and utility models
Theseare the most valuable and complex and, therefore, the most vulnerable intellectual property rights. Inventions, industrial designs and utility models get protection from the moment upon their registration up to the time of entering into the public domain (termination of the protection document).
Our experts specialize in patent disputes.
In particular, if you become aware of unauthorized use of your invention, industrial design or utility model, we can help you to find out whether there is a violation, to conduct a preliminary examination, to gather evidence and to go to court in order to prohibit the use of your invention as well as to recover damages.
If a claim onthe violation of intellectual property rights is addressed to you, we will help you to determine whether the claim is reasonable, develop the legal position regarding the possibility of defending your interests in court, as well as find the weak points in the opponent’s volume of patent protection. Its protective documentmay turn out to berather weak and allow you to lodge a counter claim to invalidateitdue to thelack of patentability conditions. It often happens that unscrupulous “inventors” register such inventions to blackmail the market players that legally use their designs.
To be sure of the novelty, inventive level and industrial application of an invention as well as of the patent purity of your developmentbefore registering it, you should conduct a comprehensive patent search. We will help you not only to determine the possibility to register your invention, industrial design or utility model, but also to see your potential competitors, which will greatly help in choosing the strategy whenembodying your invention.
Trade secret may increase the value of a company’s goodwill and may become a valuable intangible asset, if it is well structured (e.g. separated from other information in the enterprise) and protected (e.g. access to it is limited). We will provide you with all the legal tools necessary to make your trade secreta SECRET.
Objects protected by copyright are as different as the needs of their authors and other holders of intellectual property rights (related rights):
- Books and other literary works;
- Works of art;
- Films and music;
Realizing that an idea as such is more attractive for“borrowing”, we can always find the best ways to express it (the form) and thus protect it under the copyright laws.
Copyright and the Internet
Illegal use of content protected by copyright law has become a common practice these days. Violations of this kind are an urgent issue. However, authorsmay face the inefficiency of legal mechanisms used to protect their rights.