Legal and Contractual
As any other industrial property right, the Industrial Design can be subject to assignment or license. Licenses may be exclusive or non-exclusive. The exclusive license prevents the granting of other licenses and the licensor may only exploit the design if the contract has expressly reserved that right. The rights conferred by registered design may be exercised against any license holder that violates any of the limitations established in the contract relating to the duration, the form of the design, the exploitation form or the nature and quality of the products to which the design is applied.
In addition to the registration of the license in the corresponding Industrial Property Office, in Abril Abogados we review, elaborate or modify the corresponding licensing or design transfer agreements.
In the same way, in Abril Abogados, we advise our clients in case of possible conflict so that, to the extent possible, and whenever circumstances allow, we would try to sign agreements of coexistence.
When attempts to negotiate do not allow the resolution of disputes through out-of-court settlements, we initiate the corresponding actions in defense of the interests of our clients. Such disputes usually must be accompanied by expert reports, to facilitate the work to the judge in determining whether an infringement exist.
Within the scope of the fight against piracy, it is usual that with the designs we adopt border and customs measures to control, as far as possible, infringing products that enter Spanish territory or on the territory of the European Union.