Protecting industrial property requires continuity: filing a patent application and registering a trademark may not always be sufficient. The legal advice on the industrial property provided by Brunacci & Partners offers a complete protection service because it makes use of specialized professionals in the drafting of:
- Authoritative opinions of infringement or validity of patents, models and trademarks;
- Contracts for the assignment or license of use of any industrial property right;
- Confidentiality agreements;
- Expert opinions for the economic assessment of patents, models, trademarks and know-how, based on economic criteria and methodologies for the valuation of intangible assets, formulated in collaboration with qualified specialists;
- Requests for annotation and transcription for updating the ownership of rights;
- Party-appointed expertise;
- Court-appointed expertise.
Are you looking for legal advice on the industrial property? We are at your disposal!
It’s a common practice for identical copies of a new product to be developed at a similar or lower price when a new product is marketed. The exclusive rights granted by the registration of a patent give the owner the possibility to claim compensation for any damages suffered. The patent holder can enforce their rights when they believe that their patented invention has been copied and that, because of this imitation, they have lost competitiveness, market position and profits.
If the holder presumes that their patent has been infringed, it is necessary, first of all, to identify the subjects and the product involved. The most appropriate actions to take may be different, such as:
- Warning letter;
- Precautionary measure;
- Judicial proceedings;
- Arbitration and mediation.
Opposition to the registration of a trademark is an administrative procedure in which an entity, holder of prior and already filed trademarks or rights, requests the Italian Patent and Trademark Office to reject the registration, filed by a third party, of a similar national trademark.
The economic assessment of the patent can be done for different reasons such as: mergers or acquisitions, accounting reasons and capital raising, licensing or sale and purchase of intangible assets.
Economic assessment can be done through different methods, but the most common ones are:
- Income method. This is the most widely used and it is based on the income that the holder expects to earn during the life of the patent itself;
- Cost method. The value of the patent is calculated based on the cost borne by the company to develop it internally, or the cost they would bear to acquire it externally;
- Market method. This method is based on the value of comparative transactions made in the market;
- Option method. Based on the method that was initially developed to attribute value to certain derivative instruments from shares of companies listed on the markets.