In an increasingly competitive and digitalised business environment, intangible assets are essential elements for differentiation, innovation, and value creation. Proper legal protection allows companies to preserve their competitive advantages, prevent unauthorised use by third parties, and mitigate risks arising from potential intellectual property infringements.
Mariscal Abogados offers comprehensive legal advice on the protection, management, and exploitation of intangible assets, tailored to each organisation’s specific needs and objectives. We assist clients throughout all stages of their asset lifecycle—from identifying and securing their rights to commercialisation, licensing, and defence against third parties. This includes assessing asset value in corporate transactions and embedding them into innovation and digital transformation projects—always with a focus on maximising economic value and ensuring legal certainty in their commercial exploitation.
IT and Data Protection
In the digital field, our services focus on organisations that rely on technology to drive their business operations. These services include, among others:
- Data Privacy and Security Advice: Counselling on data privacy, data security, and necessary protective measures, including compliance with the GDPR (General Data Protection Regulation) and LOPDGDD (Spanish Data Protection Act), privacy audits, Data Protection Impact Assessments (DPIAs), data breach management, and representation before the AEPD (Spanish Data Protection Authority).
- Software and Tech Contracting: Drafting and negotiating software, SaaS, technology development, licensing agreements, conducting legal due diligence to evaluate the technological assets involved.
- Digital Platforms and e-Commerce: Legal advice on digital platforms, online contracting, e-commerce, terms and conditions, cookies, and electronic commercial communications.
- Artificial Intelligence and Emerging Technologies: Legal counsel on AI, generative AI, emerging technologies, and compliance with the EU AI Act.
Intellectual Property
- Trademark Feasibility Searches: Conducting trademark availability searches to determine usability and registrability, providing advice on potential infringement risks.
- Patentability and Freedom-to-Operate: Performing patentability and Freedom to Operate (FTO) searches to ensure proper protection of inventions.
- IP Registration Management: Managing the registration of trademarks, trade names, patents, utility models, supplementary protection certificates (SPCs), and industrial designs before official authorities, such as the Spanish Patent and Trademark Office (OEPM), the European Union Intellectual Property Office (EUIPO), the European Patent Office (EPO), and the World Intellectual Property Organisation (WIPO).
- International Network: Partnering with a network of local associates to manage trademark, patent, utility model, and design registrations worldwide.
- Domain Name Disputes: Representing clients in domain name dispute resolution for .es and .com domains.
- Unfair Competition and IP/IT Advisory: Advising on unfair competition matters, as well as the management, licensing, and enforcement of copyright and designs. We also offer guidance on know-how protection and perform legal due diligence for mergers and acquisitions (M&A), and other commercial transactions.
- Coexistence, Licensing, and Franchising: Negotiating coexistence, licensing, and franchise agreements for the use of trademarks, designs, and inventions.
- Trade Secrets Protection: Valuing and implementing legal and organisational measures for the protection of Trade Secrets.
Copyrights & Media
In the copyright, media and communications sector, we help companies ensure regulatory compliance, protect their intellectual property, and establish a clear framework for the responsible creation, distribution, and use of content.
Our services include:
- Copyright: Legal counsel on intellectual property rights, drafting licenses, and preparing agreements related to copyrighted content.
- Entertainment Law: Negotiating and drafting contracts for talent, production, and distribution across film, television, music, and other creative content sectors.
- Advertising and Marketing Law: Advising on advertising and marketing regulatory compliance, including endorsements, testimonials, and protection against false or misleading claims.
- Litigation and Dispute Resolution: Representing clients in litigation and disputes regarding media content, such as defamation, intellectual property infringement, and breach of contract.
Managers
Karl H. Lincke
Partner / Rechtsanwalt & Abogado
Partner, Abogado & Rechtsanwalt, specialist in IT law, M&A and company law.
Alexander Zuazo
Lawyer and Industrial Property Agent
Lawyer, Industrial Property Agent in Spain, and European Trademark and Design Agent
