PRACTICE AREAS

Berton Moreno IP Law provides asisstance for the protection of trademarks, patents and other Intellectual and Industrial Property rights locally and internationally through a broad network of specialized law firms in every jurisdiction.

This allows us to support clients during their international expansion, elaborating joint strategies that suit their development.

Trademarks

Berton Moreno IP Law assists clients in the creation,
development and protection of their trademark portfolio in Argentina and worldwide.

Our services include:

  • Evaluation and analysis of search results of registered and pending trademarks.
  • Counseling regarding the filing, prosecution and registration of trademarks and of oppositions.
  • Filing and prosecution of trademarks and oppositions, including holding negotiations related to the opposition proceedings and filing responses to Office actions.
  • Filing and prosecution of trademark renewals, assignments, changes of name and re-classifications resulting from changes in the Classification.

Patents, utility models and industrial models and design

Berton Moreno IP Law advises clients regarding protection of scientific and technological innovation registered in patents, utility models and industrial models and designs working in collaboration with a group of advisors in different areas of technology and science.

Our services include:

  • Preparation and filing applications of patents, utility models and industrial models and designs.
  • Preparation of answers to Office actions and of requirements resulting from Office examinations.
  • Payment services of patent annuities and of utility models.
  • Renewal services of industrial models and designs.

Vegetal varieties

Berton Moreno IP Law advises clients regarding matters related to the protection of vegetal varieties fostering innovation in said area of research and development.

Intellectual property and entertainment law

Berton Moreno IP Law helps clients formulate strategies for the development, protection and contract related to intellectual property rights. In the same vein, Berton Moreno IP Law assists artists, producers, interpreter, publishing houses and every other kind of company related to the creation, development, distribution, communication and exploration of works and contents of any kind (musical, literary, software, design, audiovisual, etc.)

  • Protection and filing of works of intellectual property.
  • Assistance regarding negotiation and drafting licensing contracts and assignment of intellectual property rights of any kind of work (music, photographs, audiovisual, literary, database, software, multimedia, and
    others).
  • Advice on legal aspects of productions of theatre, television, cinema, concerts and functions.
  • Legal aspects of radio broadcasting Industry engagement with different copyright collection societies (SADAIC, AADI-CAPIF, ARGENTORES, etc.)
  • Advice on matters related to licensing and assignment of image rights.

Legal aspects of internet and information technology

The development of new technologies generated new and complex legal challenges. The specialized team of Berton Moreno IP Law has broad experience in this new practice area and the members are renowned experts in the area.

  • Domain name registration and retrieval
  • Advice on legal aspects of use of works on the Internet, such as contracts related to the design of websites, music licensing, audiovisual contents and other works to be exploited digitally.
  • Drafting of website terms and conditions of use Drafting privacy policy and advice on regulations related to the protection of personal data.

Sports law

Sports activities are currently closely related to business activities through different licensing programs, such as sport figure image, merchandising and trademark licenses.

Berton Moreno IP Law assists sporting federations and institutions, sports people and companies that develop sponsorship programs for the protection of images, trademarks, trade names, nicknames and other distinctive signs and drafting the corresponding contracts.

Legal aspects of marketing and publicity

Marketing and publicity are extremely complex activities from a legal point of view since they usually include the coordination of intellectual property rights of multiple parties (musicians, photographers, directors, designers, etc.)

On the other hand, said activities are subject to new regulations.

Berton Moreno IP Law advices clients -whether advertising companies and sponsors, marketing agencies and advertising creatives- on the different legal aspects of advertising activities:

  • Addition of musical works and phonograms in advertising.
  • Use of photographs, illustrations and other visual works.
  • Assignment of image rights.
  • Parodies.
  • Use of trademarks in search engines and sponsored links.
  • Marketing actions on the Internet and social networks.
  • Sponsorship and patronage.
  • Authorization of draws and special promotions and drafting terms and conditions for participation therein.
  • Advising in dumping, application of sector-specific regulations and consumer rights regulations.
  • Advice and legal representation in cases related to advertising regulations and in the corresponding proceedings to be initiated by private action.

Matters of disputes and Alternative Dispute Resolution in the area of Intellectual and Industrial Property

Berton Moreno IP Law advices and supports clients in conflict situations that involve their intellectual and industrial property rights.

The team of professionals of Berton Moreno IP Law is highly experienced in extra-judicial negotiations and in the mediation stage of proceedings. In case arbitration and the judicial instance can not be avoided, the specialized team in court proceedings puts into action the necessary strategies and the corresponding legal representation, analysis and advice pertaining to the following court actions:

  • Actions related to the existence and defense of trademarks: court proceedings resulting from oppositions filed against trademark applications, court proceedings involving revocations, declarations of invalidity, and trademark restitution.
  • Actions for cease and desist of use of trademarks and for compensation for damages arising from wrongful use.
  • Actions related to the defense and exercise of intellectual property rights and image rights.
  • Processes related to the defense of rights of patents, utility models and industrial designs and models.
  • Arbitration and administrative and judicial proceedings aiming at settling disputes about domain names and other intellectual and industrial property issues.

Actions and Anti-piracy campaigns:

The team of professionals of Berton Moreno IP Law is highly experienced and is renowned for the design and implementation of actions and campaigns against infringements of intellectual and industrial property rights.

Our professional members are highly trained in the following areas:

  • Market research aimed at determining the characteristics and the scope of the activities performed by infringing parties.
  • Design of Anti-piracy campaigns
  • Development of cooperation and training activities in regional Customs Office, Government Attorney’s Office and Security Forces
  • Design and request of precautionary measures in order to stop infringement against intellectual and industrial property and interdiction of infringing products.
  • Trademark record with Customs Office
  • Organization of proceedings with Customs Office, Government Attorney’s Office and Security Forces for the investigation of imports, traffic, trading and export of infringing products.
  • Monitoring supply and marketing Internet websites offering goods and services infringing intellectual and industrial property rights and implementation of notice & take-down mechanisms.

Competition Law

Intellectual property is interlinked with matters relating to competition law and international commerce of goods and services.

Berton Moreno IP Law works with professionals with broad experience in advice on cases involving investigations of dumping practices, dumping claims and related matters.

Our professionals analyze, evaluate and provide advice regarding matters such as offer contents during promotion and advertising campaigns and actions before advertising self-regulating bodies.

License contracts, Franchises, Assignment of Rights and Advice on Intellectual Property Technology Transfer:

The professionals working at Berton Moreno IP Law are experienced in advising creators, innovators and companies with interests on industrial and intellectual property rights.

The tasks of our professionals range from investigating and auditing records (due diligence) to the negotiation and drafting of contracts with the purpose of obtention, granting and assigning said rights such as licenses, franchises, assignments, distributions, pledges over intellectual assets, among others.

Our law firm also renders services relating to the registration of contracts under the assignment of technology procedure in order to obtain the fiscal benefits provided therein.

Protection of Geographical Indications: While geographical indications and designations of origin have been a part of industrial property for decades, the signing of the TRIPS Agreement gave place to their use and application.

In the light of the above, the professionals of Berton Moreno IP Law advise clients on the administrative process of recognition and registration of geographical indications and designations of origin, registration of marks before the corresponding institutions and watch on said indications and designations to avoid the filing of applications for confusingly similar or identical marks.