RIGHTS DEFENSE

Obtaining protection over Patents, Trademarks, Author’s Rights and others, is vital to protect the proprietary value that these intangibles represent for your business. However, despite having such exclusive registrations on Intellectual Property, third parties might infringe them. Under these circumstances, your rights must be defended.
Similarly, you may be mistakenly accused of infringing third parties’ rights, and in such case you need the appropriate advice to defend yourself and be able to continue with your business regularly. In any scenario, you will need effective and experienced legal advice in order to successfully overcome the situation and our Firm is able to provide this.

Our attorneys and majored staff have broad experience in commercial, corporate, industrial and intellectual property, as well as any matter related thereto, and actively participate in their client’s defense through:

• Previous or extrajudicial actions, such as notifications, writing and sending registered letters, notarial certificates to record actions/behaviors, mediation hearings, conciliations, controversy solutions and agreements between the parties, among other means to obtain a solution other than the legal suit.
• Judicial actions, preventive measures – precautionary measures, customs actions, etc.- as well the initiation or continuation of judicial suits where matters that affect your rights and interests arise (including trademark, patents, corporative suits, denials, expiration and annulments; civil, contractual and extra contractual responsibility; contentious-administrative subject matter, judgment executions, complaints and criminal suits for trademark or patent infringements, destruction of infringing products, among other available judicial means for the defense of your violated rights).

Our Firm has a trademark monitoring system, and we prevent our clients upon similar trademark applications or those that may be confused with yours, pursuing the opposition or filing of objection that law entitles. Likewise, in patents, author´s, software and other intellectual property rights, there are suitable mechanisms to avoid third parties taking advantage and/or copying what they don´t own.
In Barbat, we are experienced in filing oppositions and objections, as well as in replying obstacles that emerge from the Administration (background, official actions, denials, etc.) or third parties (oppositions, calls of attention, and other types of objections).
Therefore, upon preventing or fighting other’s actions that may affect your intellectual rights and can put in danger their effective protection, do not hesitate to contact us.

Through the last few years, an alarming tendency has been registered all around the world and it is directly related to the increasing counterfeiting of products in the market. Counterfeiting harms the image and an income decrease for any business being damaged by this situation.

Through our contact with Customs and other organizations that are involved in industrial and intellectual property, our Attorneys and staff will be able to warn you upon potential violations to your rights, as well as advice you on what measures are to be taken to prevent them or attack them when said counterfeit, fraudulent imitation or alteration has occurred.

Every illicit act or event that the competitor performs damaging your commercial, industrial or intellectual interests must be prevented, attacked and/or compensated for.
In Argentina there are specific legal tools and rules to protect legitimate and free competition (specifically Act Nº 25.156 of competence defense), which are complemented by consumer defense rules (Act 24.240) and other that oversee adequate behavior for the market´s development and loyal competition.
Before taking actions that might DAMAGE others’ rights or when defending your commercial interests, do not hesitate to seek for advice. Our attorneys and professional staff are highly qualified in the protection of legitimate competition and fight against disloyal competition.