Intellectual Property and Technology Media Telecommunications Law

Profile

Our law firm specializes in partnering with individuals and businesses - with a specific focus on the TMT-related industries - to enhance:

- creative intellectual works
Orsingher Ortu - Avvocati Associati handles works of literature, music, figurative art, architecture, cinematography and photography, as well as software, databases and designs, all of which are protected by copyright law. Industrial products can also be protected by national and Community exclusive rights in designs if registered, and by unregistered Community exclusive rights in designs (for a shorter time).
- proprietary information
Technical know-how
Proprietary information includes know-how that resolves a technical problem in a new way; it can be protected as a patent, as a utility model or by exclusive rights over secret information.
Business know-how
Marketing information applied to the pursuit of business is one type of information in this category that can be protected as secret information and through competition law.
Personal data of customers, potential customers and employees
The use of the personal data of third parties collected by a business is governed by the provisions of the Data Protection Code, which sets the limits to data processing and the forms permitted.
- competitive positioning tools
Trademarks
All of the distinctive signs of a business, including registered and de facto trademarks, the name or trade name, the firm, signs, domain names, and the packaging and forms of the products are protected against passing off and unwarranted copying by competitors.
Company style
All elements used in crafting the identity of a business in the marketplace?including advertising campaigns, slogans, signage, the interior design of sales outlets and marketing strategies?are protected individually and as a whole by the provisions of the Industrial Property Code and competition law.
Promotional tools
Web sites and their domain names are protected by the provisions of the Industrial Property Code and competition law. Advertising campaigns, sponsorships, home shopping and prize competitions are regulated and in some cases protected by special rules.

 

Practice Areas

Our primary practice areas in IP and TMT law are:

Contractual advice and assistance for the creation, development, strengthening, use, assignment and protection of intellectual work, proprietary information and competitive positioning tools.
Advice
We partner with our clients to devise strategies for developing and using industrial creations, intellectual works and proprietary information, working with them at all stages of the development, implementation and exploitation of those assets?giving opinions, undertaking feasibility studies or providing operational instructions. We also support them by conceiving competitive positioning tools and giving opinions on trademarks, unfair competition, advertising, e-commerce, protection of consumers and minors and their privacy, promotions and prize competitions.

Contractual Assistance

Clients involved in contractual negotiations call upon our expertise in negotiating and drafting agreements for the purchase, licensing and syndication of trademarks, models and intellectual works; agreements for the transfer and licensing of patented and unpatented propriety technology; license agreements for titles and co-publishing; and distribution, co-production, television, dubbing, merchandising, sponsorship, endorsement and franchising agreements.
Litigation and arbitration to uphold the scope of protection, establish infringements and take anti-piracy and anti-counterfeiting measures.
Litigation
Acting for our clients in urgent proceedings, we help to quickly put an end to the infringement of trademarks, patents, designs and intellectual works and to seize the counterfeit products. We also assist clients in disputes heard before the courts and arbitral tribunals (including the advertising ombudsman) as well as in opposition and forfeiture proceedings before trademark offices. And we represent them in proceedings designed to combat piracy, such as the seizure of counterfeit goods at the border.
Mapping and assessment of intangible assets (due diligence) within the context of mergers and acquisitions.
Due Diligence
We map intangible assets and assess their advantages and critical issues from the point of intellectual and industrial property law in the context of both feasibility studies and transactions such as mergers, acquisitions and transfer/lease of a business, as well as other operations in which intangible assets constitute a financial lever or security.

 

Industry sectors

We work on behalf of clients operating in the following industries:

- E-commerce and Internet
We assist businesses in compliance with the law on e-commerce, consumer protection, data processing, advertising, and prize competitions on telecommunication networks.
- Publishing
Our associates help clients protect and exploit the title, graphics and content of their publishing products, including both hard and soft copies. We negotiate and draft agreements for the acquisition, licensing and syndication of the intellectual works that make up the publishing products as well as license agreements for titles and co-publishing. Plus we advise our clients on compliance with the law on publishing, advertising and e-commerce.
- Gaming
We advise businesses on compliance with the European and Italian law governing on-line and off-line gaming and give opinions on the regulatory framework and context.
- Engineering
We ensure protection of our clients' know-how (patented or otherwise) and support them in devising strategies to exploit that know-how.
- Entertainment
For our clients in the entertainment industry (typically producers and distributors of cinematographic, television, home entertainment, music and infotainment content) we offer protection and exploitation of their intellectual works both online and offline. We draft acquisition, distribution, co-production, television, dubbing and merchandising agreements and advise clients on compliance with the law governing television broadcasting, e-commerce, the protection of consumers and children, advertising and competitions.
- Pharmaceuticals and biotechnologies
We protects pharmaceutical and biotechnology trademarks and specialties patented by our clients, including within the context of patent disputes. We assist in negotiating and drafting agreements for the transfer and use of proprietary technology. And we counsel businesses on compliance with the laws regulating the manufacture and sale of pharmaceutical products and biotechnology discoveries.
- Fashion
Our clients' fashion trademarks and models need protection from counterfeiting and slavish imitation. We negotiate and draft agreements for the acquisition and licensing of trademarks and models as well as sponsorship, endorsement, distribution, franchising and merchandising agreements. We also offer our clients advice on compliance with the law on e-commerce, consumer protection, advertising/promotions and prize competitions.
- Advertising and promotional activities
We give clearance opinions to advertisers and advertising agencies on both the copy and art of advertisements and advertising campaigns. And we represent clients in cases before the advertising ombudsman, the competition authority and the courts in general, also helping them draft advertising and sponsorship agreements.
- Software
As our clients develop and evolve phases of their proprietary software we counsel them by giving copy clearance opinions and helping to devise strategies for the commercial exploitation of that software (drafting license, distribution and user agreements).
- Technology
We protect our clients’ know-how (patented or otherwise) and aid them in negotiating and drafting agreements for the transfer and use of propriety technology.
- Telecommunications
Using our expertise on European and Italian law governing telecommunications, we advise businesses on compliance and give opinions on regulatory framework and context.