img

Areas of Practice

Always forward-looking and eager to embrace innovation, in any of its expressions. With lawyers specialized in all areas of Intellectual Property, our Contemporary IP philosophy has brought us to where we are today: the premier Italian law firm in the field of Intellectual Property.

We provide Italian, French, Spanish and international clients operating in all sectors of industry and art with guidance in commercial transactions and IP litigation support before the national Courts as well as the European Court of Justice and in multi-jurisdictional disputes.

Our many areas of practice include high-tech, luxury, energy, automotive, biotech, aeronautics, pharmaceuticals, e-commerce, personal data privacy, and art, just to name a few.

Intellectual Property

  • Trademarks
  • Patents/know-how
  • Models and designs
  • New Plant Varieties
  • Copyright
  • Internet and domain names
  • Advertising law

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

Personal data and privacy

An important area of practice is dedicated to the management of personal data, specifically, assisting with compliance activities (from analyzing the company and recommending necessary adjustments, to the preparation of necessary documents, including both internal and policy regulations) and the development of special projects (playing a direct part in the client’s operations by sharing the operational strategy and assisting in the implementation phase).

Moreover, Jacobacci & Associati also assists in contentious matters before the Italian Data Protection Authority as well as with related inspection activities (including preliminary verifications and applications for authorization).

The firm also provides any counsel necessary for the contractual aspects inherent in personal data and privacy protection.

Information Technology

The firm assists its clients in all aspects of IT management, including the negotiation and drafting of commissioning contracts for the making of software, the licensing and transfer of proprietary software platforms or packets, the digitalization of employment contracts, as well as assisting clients with contracts and processing of personal data and security as related to the field of e-commerce.

Further, Jacobacci & Associati has extensive experience in advising clients on the use of free and open source software, associated legal challenges and, where necessary, in litigation.

Regulatory

Jacobacci & Associati has a team with remarkable experience in the Life Sciences, ranging from new technologies to advising on marketing regulations of medicines and medical devices, interfacing with regulatory bodies and officials, and defending clients before administrative tribunals.

Commercial Contracts

As the management of IP goes hand in hand with assisting clients to develop strategies to exploit IP assets, our firm has a long history in assisting both Italian and international clients to further and, where necessary defend, commercial relationships and interests, with the result that we have significant experience in working with the commercial interests all types of businesses in virtually all sectors.

The firm has and continues to assist its clients not only in the ordinary management of a company (through the preparation of contracts, providing advice, and assisting in commercial negotiations, etc), but also developing and implementing commercial and IP-focused strategies that are tailored to our clients’ needs and businesses

Jacobacci & Associati also has vast experience in assisting our clients to work with commercial partners, both in purely commercial matters and those that are more IP-focused in nature. These services include the preparation and negotiation of commercial contracts, including those in specialized areas such as:

  • manufacturing, work-for-hire, supply/distribution, and licensing agreements
  • research and development (agreements for joint R&D of new technologies, confidentiality, collaboration, IP sharing, etc.)
  • e-commerce (contracts for publication of content and the supply of web services, as well as co-operation agreements between companies and search engines, providers, or distributional platforms)
  • tourism (organization of tourism contracts, drafting of documents for the commercialization of holiday packages and caskets, and the formulation of offer conditions for online tourism services)
  • consumer rights (providing advice concerning relationships between companies and consumers such as with antitrust matters and the litigation of unfair commercial practices, and working with the Chamber of Commerce when defining standard contracts for consumers)

Antitrust and Competition

  • Compliance programs and assessment of non-compliance risks
  • Legal support in inquiries by the Antitrust Authorities and the European Commission
  • Review of contracts, consortia and other collective bodies
  • Communication of market concentration operations
  • Complaints and reports to relevant antitrust authorities
  • Misleading advertising
  • Abuse of a dominant position
  • Antitrust litigation

The International reach of the firm allows our attorneys to understand and develop risk profiles with respect to both Italian and European Community antitrust laws. In turn this allows us to give informed advice to businesses of all sizes -- from multinationals at risk of falling under the prevue of the antitrust authorities due to their size to small businesses operating in well-defined niche markets.

Jacobacci & Associati recognizes that the area of antitrust is a key element in the competition area, and is renowned for its dynamic and proactive approach, assisting clients out of court, in litigation and before regulatory bodies.

Copyright and Art law

  • Copyright
  • Contracts
  • Clearance of rights
  • Creation and management of funds, associations and committees
  • Import and export of cultural goods
  • Authentic artwork and forgery
  • Return of artwork
  • Sponsorship and patronage
  • Insurance
  • Organization of artistic events
  • Right of resale
  • Relationships with the Italian Society for Authors and Publishers and collecting foreign societies
  • Succession
  • Litigation

The firm is very active in the field of copyright and art law, assisting artists, museums and cultural institutions, collectors, critics, publishers and other stakeholders (including those involved in insurance, transport, and event organizers).

We provide assistance both in contentious and non-contentious matters, in Italy and abroad.

The assistance we provide includes the drafting of contracts of all kinds, including those relating to exhibitions or publications, sponsorship agreements, sale of work agreements between artists and galleries or collectors, the creation of foundations, associations or committees, the resolution of issues regarding authenticity, management of artist or collector heritage, donation of works to cultural institutions, import or export of artworks, the analysis of potential plagiarism or unauthorized reproductions, identification of the holder of rights to be acquired, as well as the management of all related disputes.

Media and entertainment

  • Protection of rights in a name or image
  • Sponsorship and merchandising
  • Business consulting on product placement
  • Consulting on private financing operations related to the movie industry
  • Clearance of rights
  • Contracts related to the above issues
  • Prize competitions

The firm represents actors and artists working in the entertainment industry, protecting their rights to their name and image, when necessary by legal action, and promoting the use of such name and image through the drafting of effective agreements and contracts.

The firm also assists independent film productions in identifying appropriate product placement strategies, specifically relating to the structuring of financing operations and assessing the existing copyright of a film so as to organize the sale or acquisition of the same, while naturally providing effective drafting and preparation of contracts for each of these activities.

Dispute Resolution

  • Litigation
  • National arbitration
  • International arbitration
  • ADR and mediation

Our deeply rooted experience is a real benefit in dispute resolution -- local and international, litigation or ADR -- allowing us to defend the rights and interests of our clients in all areas in which we specialize.

In addition, the presence in our law firm of lawyers admitted to practice in jurisdictions outside of Italy, France and Spain -- particularly in the United States and the United Kingdom -- ensures more rapid and effective assistance for overseas litigation and ADR. Their input is an essential part of our ability to interpret the mechanisms of foreign procedures and communicate with our clients on the strategy and development of a particular case.

PI IT07098910016 - Privacy and cookie policy - Disclaimer - Credits