Anti-Counterfeiting

Counterfeiting and the illegal trade of goods constitute a significant issue affecting both intellectual property rights holders and the market as a whole, generating economic distortions, unfair competition and risks for consumers.

In this context, the effective protection of trademarks and other intangible assets requires the design of specific strategies aimed at the prevention, detection and enforcement of infringements. The Firm advises its clients on the development and implementation of anticounterfeiting programs, tailored to the particularities of each industry and the scope of their operations.

Such actions may include both judicial and extrajudicial measures, including market investigations, monitoring of points of sale, coordinated interventions with administrative authorities and law enforcement agencies, as well as the negotiation of settlements with infringers.

From a legal standpoint, the applicable framework provides various tools to address trademark infringement. Among them are so-called preliminary measures, which may be pursued in civil or criminal proceedings and are intended to verify the infringement, identify those responsible and secure evidence through the seizure of counterfeit goods and infringing materials. The choice of the appropriate course of action will depend on the specific circumstances of the case, the scale of the infringement and the nature of the activity involved.

Additionally, injunctive relief may be sought in order to obtain the immediate cessation of the unauthorized use of a trademark during the course of the main proceedings. These measures are essential to limit ongoing harm and preserve the rights of the holder.

Following the execution of these measures, the corresponding actions may be initiated to obtain a definitive cessation of the infringement and compensation for damages, without prejudice to the possibility of reaching negotiated settlements when appropriate.

The Firm's comprehensive approach allows it to address counterfeiting issues strategically, combining legal and operational tools in order to effectively protect its clients' rights.

International Protection

The protection of intangible assets often requires a strategy that goes beyond the local scope. In this regard, the Firm provides comprehensive advice in combating illegal trade abroad through a well-established network of specialized correspondents in multiple jurisdictions.

This approach enables the Firm to support its clients in their international expansion, designing protection strategies aligned with their commercial objectives, the territorial scope of their activities and the specific characteristics of each market.