Creative Law implies Intellectual PropertyIndustrial PropertyTrade secretsFinancing of the creationIndustrial DesignKnow-how
Creative rights cover all matters that affect the various aspects and moments of artistic, technical and entrepreneurial creation
Businesses have important intangible assets of their own creation, especially technology companies, which make them unique and give them a competitive advantage in the market, making them attractive to their customers, partners and investors.
These assets constitute intangible property and can take the form of inventions, industrial designs, software or trade secrets, among others. They must all be properly identified, documented, registered (if possible) and accounted for.
We can exploit our intangible property directly and exclusively or we can enter into agreements or other forms of collaboration more suited to the type of asset and business model so that third parties can participate on a joint or exclusive basis in the exploitation of our intangible property.
Unfortunately, we may also come across third parties who misuse our intangible property, causing us financial and, occasionally, reputational damage.
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Artists and creators generate works protected as intellectual property. This intangible property may correspond to one or several persons who have been party to the creation of the work, may require the permissions of other artists or creators because they are derivative works or incorporate pre-existing external elements.
Relations between the different holders of the rights must be carefully regulated to avoid conflicts regarding the ownership of the work and the various forms of exercising the rights for their economic exploitation.
At LAW21, we help creators not only with the correct contractual documentation of the ownership of the work and the rights of economic exploitation, but also with the correct registration thereof and, if necessary, defence against plagiarism and unauthorised use.
We also help with the structuring and management of investment instruments (EIGs) in cultural production (particularly in the field of performing arts) to enable the entry of private investors who obtain financial-fiscal and reputational benefits.
We at LAW21 help our clients in all these aspects and situations with successful, practical, workable and solvent solutions.
Intellectual Property includes artistic and technical creation, but also software, databases and much of the material generated by a company.
Financing of the creation
Structuring and management of investment instruments to enable the entry of private investors in the production of specific cultural products.
Industrial property includes mainly patents, trademarks, industrial designs and geographical indications, as well as trade secrets and know-how.
Licensing and other forms of exploitation
Intangible property can be monetised in different ways and requires the creation of the right type of contract.
The protection of industrial designs has its particularities mainly in certain industries, such as fashion, and also requires specific solutions.
Trade secrets are characterised by their confidentiality, their business value and by the fact that they have been subject to reasonable measures to maintain their confidentiality.
Our different areas of expertise are interrelated so that we can provide our clients with a full advisory service and also help them with specific matters.
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