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We have gained significant experience in negotiating and drafting technology transfer agreements and licensing contracts, franchising or similar, by assisting our clients in the related litigation actions. 

Our lawyers have an extensive litigation experience specifically focused on the enforcement of trademark, patent and design rights. Our IP litigation practice ranges from the granting of temporary restraining orders to trials in front of national courts as well as in front of E.U. jurisdictions.

The firm also advises clients in setting up strategies for adequately protecting confidential know how or business data, whether technical or otherwise. Particular attention is also placed on managing the protection of business secrets between the employer and its employees, technicians or other contractors. 

 

The firm has years of experience in the field of trademark law having represented some of the most famous international brands by working with owners in all sectors, from fashion, to tobacco and consumer products. 

Since our founding we have placed particular care in setting up strategies for the protection of fashion and design startup brands.

Tsclex also provides trademark research and national and international filing services through a vast network of worldwide corresponding trademark firms. 

Representative cases:

  • Preparing an action plan to defend the brand name of a famous European car producer against attempts of illegal exploitation of its trademark;
  • Defending the trademark of leading tobacco producer formerly owned by the State monopolies;
  • Defending the Italian subsidiary of an American multinational food and beverage in a dispute relating the use of a trademark by an Italian food company;
  • Defending a famous brand of a company active in the field of casual wear before the European Court of Justice;
  • Launching a series of actions to help restore the domain names of a major Italian Trade Fair Organization against various attempts to domain grabbing;
  • Managing the global brand portfolio of a major Italian tobacco producer.

 

The firm has been involved in numerous patent lawsuits in the mechanical engineering, electronic, pharmaceutical and biotechnology fields. 

Our lawyers have gained a significant experience in the licensing field by assisting clients in the commercial exploitation of their inventions into new markets.

Representative cases:

  • Defending an Israeli company in a patent litigation against a major pharmaceutical European competitor;
  • Assisting an Italian engineering company in various of patent disputes against German and Italian competitor;
  • Assisting an American multinational pharmaceutical company on the matter of the Galenic exception.

 

In today’s market the shape and appearance of a product or its packaging represent - together with the trademark - the key asset for any company working in the field of design, fashion and luxury goods. Our firm is specialized in protecting the shape of registered and unregistered designs by applying the rules of unfair competition and copyright. We assist our clients as early as the product is designed or presented, allowing them to protect their intangible assets from the earliest stages.

Representative cases:

  • A leading company in the field of high-end jewelry takes a series of actions against the slavish imitation of its products;
  • The firm is appointed by a leading Italian fashion company to carry out a series of legal actions before various Italian courts to protect its brands and against the imitation of its collections.

 

The protection of know-how is particularly important for protecting intangible assets of those companies that invest significantly in research and development and for which patent protection is not applicable. Our lawyers have a significant experience in drafting agreements for the protection of know-how and trade secrets in all types of contracts and commercial transactions, as well as drafting confidentiality clauses, which are part of major international contracts. We have handled litigation cases at all levels in relation to unlawful appropriation of trade secrets and know how under Italian Law.

Representative cases:

  • The firm was appointed by one of the largest Italian steel companies to draft a regulation of internal conduct concerning the Company's protection of know how.

The firm deals with legal matters regarding the law of figurative arts, music, photography, and multimedia law as well as in any other matters regarding the protection of artistic rights. 

Tsclex assists its clients in copyright protection in all fields, in particular over the years we have acquired a specific expertise in digital copyright law in the areas of software, database, video games, online film, theater and television streaming.

Our clients are multinational corporations and associations in the software industry, individual artists, directors of plays and films, designers and photographers.

Representative cases:

We have assisted

  • a UK company that has made its entry in the sensitive area of the negotiation of copyright on the Italian territory;
  • a world-renowned photographer in the field of protection of the rights related to his works;
  • a non-profit organization for the protection of the data base generating bar codes;
  • a US theatrical production company for the online distribution of plays.

 

The firm assists clients in unfair competition disputes of every kind and importance like slavish imitation of products or commercial initiatives, trade libel, comparative advertising, as well as boycotts, illegal price rebates, transfer of employees and agents, and, in general, against any other improper attempt to misappropriate corporate goodwill.