Jacobacci & Associati works with the full range of IP rights and is prepared to assist clients in all aspects of the management of those rights: contractual, pre-litigation and litigation, and regulatory matters. Competence in the area of contract drafting is accompanied by experience in enforcement of the same before national judicial authorities, the European Court of Justice and in multi-jurisdictional disputes. Jacobacci has represented clients successfully in cases that presented new questions of law and created new legal guidelines, including those relating to issues such as cross-border injunctions, civil and criminal liability on the Internet, protection of three-dimensional trademarks and protection of spare parts and / or components.
Further, the firm regularly collaborates on the drafting of cosmeceutical/pharmaceutical and cosmetic legislation, and has significant experience in complex litigation relating to pharmaceutical patents, medical devices and telecommunications. The firm also represents clients before the national regulatory bodies and administrative tribunals.
Further, the firm protects its clients’ interests in the field of advertising, representing them before the competent private and public authorities.
Last but not least, Jacobacci is at the forefront of protecting personality and privacy rights.
IP Due Diligence
The firm is frequently involved in IP Due Diligence for corporate transactions, particularly M&A. IP Due Diligence acts to identify, evaluate, and provide further protection for the IP assets acquired during an acquisition (or merger) or sale transaction, and should ensure that the transaction puts the client in the most advantageous position to pursue its objectives.
In this area, the firm is able to:
- Analyze agreements between the Target company and key IP/IT personnel
- Identify the existence, the content and scope of agreements governing the IP assets, including assignment, licenses, joint development agreements, IP sharing, etc., which enables us to evaluate the validity, scope, duration, and limits on the acquiring company’s use of the IP assets
- Evaluate the possible effects arising from the transaction
- Identify the existence of any current/potential IP disputes and, in doing so, evaluate and monitor the status of the dispute, provide assessments of the probability of success and provide a risk profile connected to current or threatened disputes
- Provide analysis on the potential future uses of the IP assets that are identified by the client/Buyer
- Handle Cross-border transfer issues
- Provide competition/antitrust evaluations
- Provide analysis of software/IT, websites and social media matters
- Evaluate the impact of the transaction on data protection