Technological advancements have revolutionized how modern society communicates and greatly impacted companies and organizations. The introduction of cutting-edge software and data solutions, such as agile development methodologies, cloud-based infrastructure and services, eCommerce and mobile commerce, licensing options like Free and Open-Source Software (FOSS) and Open Data, public and private information technology procurement, and the patentability of software have all contributed to this transformation.
These innovations have enabled organizations to streamline operations, increase efficiency, and reach a wider audience through improved communication channels.
Our services for IT law in Spain include:
Technology
Our services for organizations that rely on technology to operate their business and provide services to their customers cover, among others:
- Advising on data privacy and security
- Negotiating and drafting contracts for the sale, licensing, and use of technology, as well as conducting legal due diligence on technology assets
- Regulatory compliance with industry-specific regulations, such as those governing telecommunications and internet services, or broader laws and regulations that affect technology, such as antitrust and consumer protection laws
- Representing clients in litigation and dispute resolution (patent infringement, breach of contract, data breaches, data protection sanctioning procedures, etc.)
Intellectual and Industrial Property
- We conduct trademark searches to determine availability for use and registration and provide advice on potential risks of infringement lawsuits
- We conduct patentability searches and freedom to operate searches to ensure proper protection of inventions
- We manage the registration of trademarks, trade names, patents, utility models, supplementary protection certificates, and industrial designs before the relevant authorities, such as the Spanish Patent and Trademark Office (OEPM), the European Union Intellectual Property Office (EUIPO), the European Patent Office (EPO), and the World Intellectual Property Organization (WIPO)
- We have a network of local associates to manage trademark, patent, utility model, and design registrations internationally
- We represent our clients in disputes related to .es and .com domain names, drafting complaints and responses in industrial property rights infringement lawsuits, and filing judicial appeals against resolutions of the OEPM and EUIPO
- We advise on unfair competition and the management, licensing, and enforcement of copyrights and designs. We also offer guidance on know-how matters and conduct due diligence in the context of mergers, acquisitions, and other commercial transactions
- We negotiate license and franchise agreements for using trademarks, designs, and inventions
Media
We can help your company ensure legal compliance, protect valuable intellectual property, and provide a framework for the responsible creation, distribution, and use of media content.
Our legal services for media cover the following issues:
- Copyright and trademark law: advising on intellectual property rights, drafting licenses and other agreements related to copyrighted or trademarked use content
- Entertainment law: negotiating and drafting contracts for talent, production, and distribution of film, television, music, and other creative content
- Advertising and marketing law: advising on compliance with advertising and marketing regulations, including those related to endorsements, testimonials, and false or misleading claims
- Ensuring privacy and data protection by providing guidance on compliance with privacy and data protection laws, handling data breaches, and managing personal data collection, use, and storage
- Litigation and dispute resolution, representing clients in disputes related to media content, such as defamation, intellectual property infringement, and breach of contract
Telecommunications
- Compliance with regulations related to licensing, spectrum allocation, universal service, network interconnection, and consumer protection
- Negotiating and drafting contracts related to the provision and use of telecommunication services, including service level agreements, interconnection agreements, and equipment procurement agreements
- Intellectual property protection (patents, trademarks, and copyrights for telecommunications technology and enforcing and defending against infringement claims)
- Representing clients in litigation and dispute resolution (breach of contract, patent infringement, consumer complaints, etc.)
We provide a legal framework for the provision and use of telecommunication services in Spain:
Managers
Karl H. Lincke
Partner / Rechtsanwalt & Abogado
Partner, Abogado & Rechtsanwalt, specialist in IT law, M&A and company law.
Alexander Zuazo
Lawyer and Industrial Property Agent
Lawyer, Industrial Property Agent in Spain, and European Trademark and Design Agent
