Intellectual Property

Description
of the Area and Services


We recognize the high value that intellectual property rights represent for any company. Through the knowledge of the business and industry of our clients, we design protection strategies and good management of these intangibles, to ensure that their ideas, brands and creations are always safeguarded.

We provide innovative solutions for Mexican and multinational clients in aspects related to patents, trademarks, copyrights, industrial secrets, plant varieties, administrative and judicial litigation, in relation to these figures, unfair competition, licensing of rights and franchises.

We are active members of:
International Trademark Association (INTA)
Mexican Association for the Protection of Intellectual Property (AMPPI)

Our Intellectual Property practice area is ranked by the most prestigious worldwide legal directories such as Chambers and Partners and Legal 500.

Our services include:

Administration and maintenance of industrial property portfolios in Mexico, and abroad: trademarks, patents, industrial designs, utility models, plant varieties and copyright.

Development and implementation of protection strategies for intangible assets, created according to the specific needs of each client.

Presentation, processing and obtaining certificates of registration of trademarks, patents, industrial designs, utility models, plant varieties and copyright.

Participation in litigious procedures, administrative nature (nullity, expiration, infractions and combat piracy), as judicial (nullity trials and Amparo proceedings).

Consulting, negotiation and preparation of contracts related to assignment, licensing, franchising, encumbrance and acquisition of intangible assets.

Comprehensive transactional advice, in operations of shares or assets, with components primarily of intellectual property.

Audits of regulatory compliance in the field of intellectual property.

Implementation of brand protection structures, in order to safeguard confidential information and own industrial secrets or third parties to which they have access in their daily activities.

Implementation of actions and litigation regarding deceptive or comparative advertising and unfair competition.

Valuation of intangible intellectual property assets.

Preparation and negotiation of contracts in advertising and image use areas.

Representative
Matters


Representation and legal advice in the development and implementation of the brand protection strategy in Mexico and in twelve countries in Latin America for a renowned American pharmaceutical company. Cuesta Campos was in charge of the coordination of all brand registrations in the different jurisdictions.

01

Representation, advice and administration of the brand portfolio of a company specializing in baby products in more than 50 countries. Cuesta Campos also assisted this client in the preparation and application of distribution agreements in countries that have a valuable commercial strategy.

02

Legal representation, advice, preparation of contracts, review of legal documents and management of all aspects related to the implementation of the franchise system of one of the main fast food chains in the world.

03

Representation of a leading pharmaceutical company of Dutch origin in a complex patent litigation related to the following:

• Amparo before District and Circuit Courts in relation to the marketing authorization.
• Litigation for patent infringement before the Mexican Institute of Industrial Property (IMPI).
• Litigation of nullity of patent before the Mexican Institute of the Industrial Property (IMPI).

04

Trademark registration of a renowned US company dedicated to the footwear industry with registration with the Mexican Customs Authority, as well as visits to the offices of that government entity in the main ports of entry of goods to Mexico. The services included training to enable the identification of piracy.

05

Representation of a well-known Italian brand dedicated to the manufacture and marketing of high-quality footwear in litigation matters. The trademark, which had been illegally registered by a third party in Mexico, was recovered.

06

Legal advice to the Mexican subsidiary of one of the leading companies in the world in the manufacture of personal hygiene products, in the following areas:

• Electronic commerce and aspects related to infringement of the use of trademarks.
• Advertising aspects and cases related to their slogans.

07

Legal advice and training for producers, directors and other members of a recognized Mexican production house for the correct use and protection of their intellectual property rights, including copyrights, contracts for literary production, video, and use of image. Our client produces advertising material for Coca-Cola, General Motors, Audi, Toyota, Frito Lay, NBA, Visa, among others.

08

Cuesta Campos advised one of the most valuable brands worldwide in various matters related to copyrights, including the analysis and evaluation of the use of photographs and multimedia in their advertising, advice on the use of image of athletes and athletes in promotional campaigns, as well as ensuring the purchase of copyright for the use of musical themes.

09