Web 2

Laura de Achával

lachaval@frtb.com.ar


Partner

Laura is a lawyer and IP agent with more than twenty years of experience. She joined FRTB in June 1999, after working for eight years in a large local IP Law Firm.

Moreover, Laura leads the litigation department in a professional and responsible way.

Laura has been in charge of relevant cases, such as “Philips vs. Remington”, where she acted on behalf of Philips. In this case, the discussion was based on the validity of three-dimensional trademark registrations used in Philips shavers. Additionally, she retrieved the H&M trademark for Hennes & Mauritz through a legal proceeding and trademark EL ETERNAUTA to its rightful owners (i.e., authors of the work). In the latter case, after unfavorable decisions rendered by both Trial and Appeal courts, and after 18 year of litigation, the Supreme Court finally reversed the previous rulings and held that the authors of the work -Héctor Oesterheld and Francisco Solano López- are the legitimate owners of the copyright and determined the existing interrelation, in this specific case, between the copyright and the trademarks that reproduce the title, name and image of the main character of the work.

She has a vast experience in the legal implications of new technologies and social networks in relation to IP rights. Among other cases, she has been involved in the retrieval of the domain name of the tennis player, Juan Martin del Potro, by means of the WIPO Arbitration and Mediation Center. She has also been active in reporting accounts that were impersonating him via Twitter.

Laura is also keen on advising clients in all matters related to the filing, defence, management and licensing of IP rights. She has a close and direct relationship with the clients in order to find the best solution for their business.

She has provided professional advice to renowned authors, such as Héctor G. Oesterheld, Francisco Solano López, Alberto Breccia and Raúl Scalabrini Ortiz, on subjects related to the edition of their works and the various ways of commercial exploitation of the same.

She has also work actively in the area of ​​consumer protection and unfair competition.

For over ten years she has been part of the board of directors of two domestic companies of foreign capital, providing advice on several commercial topics as well as IP-related matters, as a result of which she has wide knowledge on business and its legal implications.

Publications

  • “Trademark EL ETERNAUTA belongs to the authors of the work”, August 7, 2018, Abogados.com
  • “Decree 27/18 – Substantial changes on Trademark, Patent, Utility Models and Industrial Designs Law”, January 26, 2018, Abogados.com.ar
  • Impact of the new Civil and Commercial Code on Intellectual Property. Author of the article: “The name of a natural person and its interrelation with trade names and trademarks. The reform of the Civil and Commercial Code”. August 2016, ElDial.com
  •  “From lawful use to illicit use … just one step?” co-authored with Veronica Canese. El Derecho 29/08/12.
  • “Commercial Code and supplementary regulations. Doctrinal and jurisprudential analysis. Volume 6 Industrial Property –Hammurabi 2006”. Author of the chapter of precautionary measures in the Trademark Law Nº 22.362.

Dissertations

2016 Buenos Aires Bar Association, Postgraduate School, Update on Company Law. Subject: “Company name, trade name and trademarks. Homonymy. Administrative and judicial opposition regime”.

2015 Speaker at the AAAPI Colloquium on the new Argentine Civil and Commercial Code: Its impact on Industrial and Intellectual Property law related matters. Panel Title: “Name of the natural person and pseudonym. Name of the legal person”.

2014 Speaker at the AAAPI Annual Meeting. Panel title: “Everything you always wanted to know about trade names (but were afraid to ask): names, categories, company names, logos, trade designs/devices, corporate names, jurisdiction, adverse possession, statute of limitations, overlapping IP rights and more”.

2012 Speaker at the AAAPI Annual Meeting. Panel title: “Damages compensation for IP infringements”.

2009 Speaker at the AAAPI Annual Meeting. Panel title: “Statute of limitation in IP matters”.

2007 Speaker at AAAPI workshop. Panel title: “License Agreements: standard, forgotten, recommended and rather not recommended clauses”.

2001 Update of IP Jurisprudence organized by Fores and EABA. Topic: “Precautionary Measures.”

AWARDS

WTR 1000

2018: Silver tier for litigation
2017::Silver tier for litigation
2016::Silver tier for litigation
2015: Silver tier for litigation
2014: Silver tier for litigation
2013: Silver tier for litigation
2012: Silver tier for litigation
2011: Silver tier for litigation

Managing Intellectual Property MIP

2019: IP STARS

2018: IP STARS y Top 250 Women in IP

2017: IP STARS y Top 250 Women in IP

2016: IP STARS

2015: IP STARS

2014: IP STARS

Corporate Intl Magazine Global Award

2017: Trade Mark Litigation Lawyer of the Year in Argentina

Memberships

Marques. Currently she is a member of the Unfair Competition Team.
Licensing Executive Society (LES).
Argentine Association of Industrial Property Agents (AAAPI). Currently she is a member of the Academic and Legal subcommittees. International Association for the Protection of Intellectual Property (AIPPI).
Buenos Aires Public Bar Association (CPACF).

Education

1994, Lawyer Catholic University of Argentina.
1999, Trademark and patent agent registered with the National Institute of Industrial Property of Argentina (INPI).

Languages

Spanish and English.