BM+O offers assistance and counsel in the protection of trademarks, service marks, patents and other Intellectual Property rights in Argentina and abroad through a wide network of specialized associates in different jurisdictions.
Licensing, franchising, assignments, technology transfer
BM+O professionals have sound experience in advising creative professionals, innovators and companies with intellectual property interests.
Our professionals´ activities include due diligence proceedings, negotiations and drafting of agreements intended to obtain, grant and assign such rights as licenses, franchises, assignments, distribution and pledge on intellectual property rights, among others.
BM+O also renders services related to the recordal of technology transfer agreements in order to obtain the corresponding tax benefits.
Anti-piracy campaigns and actions
BM+O professionals have a broad range of expertise and enjoy good reputation in the design, development and implementation of campaigns and actions against intellectual property infringements. In particular, our professionals are highly prepared for the following:
- Devise of antipiracy campaigns.
- Development of market research to determine the extent and characteristics of infringers´ activities.
- Development of cooperation with and training of regional Customs, Public Prosecution officials and security forces.
- Devise and prosecution of injunctions to stop the infringement of intellectual property rights and the interdiction of infringing goods.
- Registration of trademarks with the Customs.
- Organization of procedures with the Customs, Public Prosecutors and Security Forces for the investigation of import, trafficking, commercialization and export of infringing goods.
- Watching of websites to check the offer and commercialization of infringing goods and services and implementation of notice and takedown procedures.
Intellectual property has close relations with issues involving competition law and the international trafficking of goods and services.
BM+O has experienced professionals who may advise clients on unfair competition investigations, dumping claims and other issues related to unfair competition.
BM+O professionals analyze cases and advise clients in matters involving sales information in promotion and advertising campaigns and actions before advertising autoregulation organizations.
Litigation involving intellectual property issues
BM+O provides legal advice and support to its clients when conflicts arise involving their intellectual and industrial property rights.
BM+O professionals have long and sound experience on out of court negotiations and mediations. When arbitrary or court proceedings become unavoidable, the litigation team devises the necessary strategies and offers all services related to:
- Actions involving the defense of trademarks: lawsuits resulting from the opposition to trademarks applications, non-use cancellation actions, cancellation and recovery of trademarks.
- Actions seeking to obtain discontinuance of use of a trademark and damages due to unauthorized use.
- Actions related to the defense of copyright and image rights.
- Actions related to the defense of patents, utility models and industrial models and designs.
- Arbitration and administrative and court proceedings intended to resolve domain name disputes and other conflicts involving intellectual property issues in general.
Copyright and entertainment law
BM+O cooperates with its clients in the devise of strategies for the development, protection and hiring practices related to their copyright, advising artists, performers, producers, editors, celebrities and all type of companies related to the creation, development, distribution, communication and commercial use of different works and contents (musical, literary, software, design, audiovisual works, etc.)
Our services include:
- Protection and deposit of copyright.
- Counseling and advice on the negotiation and drafting of license and assignment agreements of the copyright of all kind of works (such as musical works, photographs, audiovisual works, literary works, data bases, software, multimedia, among others).
- Advice on legal issues regarding theatre, television and motion picture productions, concerts, and cultural and artistic events.
- Legal issues involving radio, television and streaming distribution and production.
- Relationship of the industry with different collective management organizations (SADAIC, AADI-CAPIF, ARGENTORES, etc.)
- Advice on issues related to the licensing and assignment of image rights.
- Campaigns against signal and content piracy.
Marketing and advertising
Marketing and advertising have become the object of increasing legal regulations of a highly complicated nature, as they generally involve the coordination of the intellectual property rights of several parties (musicians, models, photographers, directors, designers, etc.)
BM+O advises advertising companies, sponsors, media agencies, marketing agencies, advertising agencies and creative professionals on different legal issues related to:
- The incorporation of third parties´ works in cultural developments and advertisements (music, photographs, illustration, etc.).
- Assignment of image rights.
- Parodies and adaptation of third parties´ works for promotional purposes.
- Development of users´ content.
- Trademark use in search engines and sponsored links.
- Marketing actions and cultural developments in the Internet and social networks.
- Sponsorship and patronage.
- Authorization of draws and promotions, drafting of participants terms and conditions.
- Counseling on unfair competition cases, application of sectorial regulations and consumer law.
- Advising and representation of clients before the Advertising Autoregulation Committee (CONARP, after its initials in Spanish) on cases involving the application of advertising auto-regulation rules.
Industrial secrets and know how
Our services include:
- Development and implementation of integral plans tending to protect trade secrets and other private or confidential information.
- Negotiating and drafting non-compete and non-disclosure agreements with our clients´ employees.
- Drafting of confidentiality and transfer agreements involving inventions; representation of clients in cases involving misappropriation of trade secrets, unfair competition and trade related claims.
Patents, utility models, industrial models and designs
BM+O advises its clients regarding the protection of technological and scientific innovation through patents, utility models, industrial models and designs. To that end, it has the support of a team of technical professionals and consultants specialized in different fields of science and technology.
Our services include:
- Preparation and filing of patents, utility models and industrial models and designs.
- Preparation and filing of answers to office actions and objections resulting from substantive examination.
- Payment of annuities in patent and utility models.
- Attending to the renewal of industrial models and designs.
Internet and new technologies
The development of new technologies has spawned new and complicated legal challenges. BM+O professionals have developed sound experience in this area of the law and are recognized leaders on the subject.
Our services in this area include:
- Registration and retrieval of domain names.
- Providing advice on legal issues related to electronic commerce, design and development of websites and music licensing.
- Drafting of terms and conditions for the use of websites.
- Drafting of privacy policies and providing advice on personal data protection regulation.
- Drafting and negotiation of agreements related to the development and licensing of technology.
- Actions against trademark piracy both before the courts and the Customs
Trademarks and service marks
BM+O assists its clients in everything related to the creation, development and protection of their trademark portfolio in Argentina and abroad.
Our services include:
- Conducting trademark searches, including the evaluation and analysis of said searches regarding registered marks or marks in use.
- Providing assistance and advice on the filing, prosecution and registration of trademarks and oppositions.
- Filing and prosecution of trademark applications and oppositions, including conducting negotiations with opponents and answering office actions.