IP RIGHTS COMMERCIALIZATION

Industrial property rights (assignments, licensees, franchises, agreements and transfers) provide the owner the exclusive use over the registered object. Such rights can be subject of Use Licenses (in their different expressions) or Assignment Agreements to third parties. The scope of rights and obligations of the parties in these agreements mainly depend on the legal measures taken before signing them.

Therefore, it is highly important to require the services of a trained expert to achieve the necessary balance between the parties.

The registry of contracts regarding author’s rights and neighboring rights is more frequent every day and it is essential to balance the interests of the parties exploiting intellectual works, interpretations, performances, phonograms and radio broadcasting. These agreements not only allow clearly setting the powers and obligations of each party but also they foresee possible conflicts and their solutions.

Currently, the use of works by companies, even those that do not specifically deal with issues related to author’s rights and neighboring rights, is common, since it is usual to include works – photos, drawings, paintings, texts, etc.- in their web sites or to promote their products and/or services. Therefore, the contracts in this field are advisable for both the owners and the users of the works.

Our Firm has skilled professionals majored in publishing, representation and assignment contracts as well as the agreements related to works exploitation, interpretations, performances, phonograms and radio broadcasting.

The growth of the entertainment industry generated the development of new businesses that require a specialization in author’s rights and neighboring rights matters, but also a specialization in commercial law in virtue that in the production of records, films, plays, shows, etc. merge the rights of the creative staff – authors, players, performers, etc. – with the rights of those who invest to publicize the plays – producers, agents, representatives, etc.-

Our Firm has skilled professionals to prepare contracts related to this industry and to achieve a balance between the creatives and the ones that commercialize their works.

The parties sign these contracts binding themselves to keep strict confidence and secret in relation to the confidential information to which they have access to (in virtue, for example, of a position or job, in the constitution of a corporation, the merger of companies, bankruptcy or tender presentation, etc.).
The confidential information often represents a company’s total assets and, therefore, it is recommended to take all the necessary measures for its protection because its economic and strategic values could be held by the competition and your commercial or industrial entrepreneurship could end up in the street. (could go bust)
When said information is not protected by trademarks, patents or models, its protection through other legal medium becomes essential. The first and most effective step for its actual and future protection is the execution of a confidentiality agreement.
Your company’s advance and success, as well as your material and immaterial assets, will many times depend in the effective protection of your confidential information.

Our Firm has majored and skilled professionals to draw up these contracts to achieve the protection of the trade secrets for your company.

Therefore, it is highly important to require the services of a trained expert to achieve the necessary balance between the parties.

If you hold confidential information with economic, strategic or technological value that is fundamental for your business (often the company´s main asset), do not hesitate in questioning the best way to protect that asset.
Should you choose to keep said commercial information confidential (which may involve inventions, discoveries, designs, products, formulas or processes – regardless their patentability) you will count advantages such as its unlimited protection during time (differs from a patent; it’s term lasts 20 years), its protection without registration or diffusion needs, keeping it confidential.
However, there are disadvantages to consider when choosing to keep such information confidential and discarding its protection through patent or other medium, for if it is disclosed or a third party discovers it, you will not hold the effective tools to avoid its exploitation or use by others (or even having its patent), for that exclusive exploitation right is only granted to a patent.
Therfore, when deciding the best way to protect and capitalize on the secrets of your company, be sure to seek advice in advance by experienced professionals in the field.

Therefore, it is highly important to require the services of a trained expert to achieve the necessary balance between the parties.