Protecting physical property is relatively simple. Protecting intellectual property can be much more complex and hence requires legal counsel.
The fruit of our intellect may be immaterial, but this does not mean that it is any less important than a material asset. It is the job of PFL’s Intellectual Property team to establish copyright and intellectual property rights – as well as helping them to defend these rights.
Thanks to the PFL’s close collaboration with international professionals, the firm can support clients with the protection and defense of their intellectual property portfolios – nationally and internationally.
When one speaks of defending Intellectual Property, works of art or books almost always come to mind. Artists and writers undoubtedly deserve protection, especially if they decide to share their works online. However, the defense of intellectual property also has a much wider application.
Under the umbrella of ‘expression’ falls everything that is the fruit of the human mind. Not only art – but also creations in the broadest sense of the term.
In the field of IT, for example, intellectual property protects the source code of a software or a video game, as well as the idea behind it and its functionality. In this way, anyone wishing to exploit the coding technology should first approach the owner of the IP rights.
If we move on to the world of communication and marketing – here intellectual property includes all of the distinctive signs of a brand: the trademark, the logo, website content and even the domain name. Again, the goal is to prevent anyone from exploiting the distinctive features of the brand for their own interests.
Finally, inventions in general should be considered: new technologies, cutting-edge materials, drugs. All these things are the result of human ingenuity and must be protected accordingly.
PFL has an established history providing counsel to clients in reference to the protection and defense of their Intellectual Property – in whatever form it takes. Assistance is provided on the establishment of documents proving ownership – a process, depending on the complexity of the matters involved, which could take a few hours or a few months.
The way in which intellectual property is ascertained varies according to the specific area of interest. In some cases, a simple online registration with an official body is enough. In other cases, such as inventions, a special procedure for filing a patent must be followed. Here, the PFL team can advise clients on the proper procedures to follow as well as the timelines involved.
Once an Intellectual Property asset has been registered, PFL will also be able to assist clients with the protection of the asset. This is achieved through the drafting of contracts which determine how a given intellectual property (IP) asset can be exploited, within what limits and at what price. If these contracts are violated (or not requested), then our team can defend clients against any transgressions and help the owner of the IP asset to recover any economic losses – in and out of court.
Part of PFL’s job is to educate our clients about the legal stakes involved when it comes to exploiting the intellectual property (IP) of third parties. In fact, with the widespread use of the internet it is increasingly easier to commit involuntary crimes.
If a client has an interest in exploiting IP belonging to a third party, then PFL can provide counsel on the drawing up a proposal and any related contracts. In this way, the risk of a conflict, or time in court, is significantly reduced.
PFL prides itself on its human approach to the practice of law as we work in partnership with our clients to guide them through the evolution and conclusion of legal processes.
PFL accompanies clients in any situation, flanking them with a team of professionals specialized in diverse areas of law.