Man’s mind once stretched by a new idea, never regains its original dimension.–Oliver Wendell Holmes (1841-1935)
We, at Del Canto Chambers, are passionate about Intellectual Property.
We work with artists and sport people, media and entertainment. But we also advise on commercial joint ventures, franchise projects and even religious trade mark disputes!.
Our instructions included advice 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.
We got involved with Intellectual Property 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 accounting and tax aspects of IP are an essential part of our work.
What is Intellectual Property?
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.
One out of every three jobs in the EU is supported by industries that make intensive use of intellectual property (IP) rights like trade marks, copyright, designs and patents.
The 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 of the aspects of our 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 noticing 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 for 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 read “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 of the ancient Ottoman designs into modern textiles. You can see some her examples in Rocio Moreno;
- Distinctive signs may be protected, mostly through trademarks including collective and certification marks, but in some cases through geographical indications too. I
- t is important to pay special attention to the 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, as it was done by the Sherry county in Andalucia; and
- Trade secrets through protection of undisclosed information and confidential information of commercial value.
We are experts in Intellectual Property, from registration, to licensing and international dispute resolutions. We advice on all the legal and tax issues related to managing Intellectual Property rights internationally.
We have been involved in several international matters involving Intellectual Property and related rights. Our advice has included the development of planning strategies to determine SPV as IP holdings, drafting agreements and disputes in digital media business. Our clients included franchise businesses and media companies. Please check our Major Cases page.
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.
Our clients range from individual creators, inventors and artist, SMEs to international corporations and other organisations, including non for profit foundations.
Our expertise in advising on the best strategies for obtaining and enforcing intellectual property rights sets us apart from other firms.
- 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
Due to our many years of experience in advising and supporting both franchisees and franchisors, we can assist you in establishing and optimising your franchise business
Entertainment & Sport Law
Entertainment law is a very interdisciplinary area, which includes transactional law, labour law or litigation, and that impacts the entertainment industry.