Intellectual & Industrial Property

Legal protection for the assets that concentrate organisational value

Trademarks, works, designs, software, patents, trade secrets, content, knowledge bases and other intangible assets may represent a decisive portion of a company’s economic and competitive value. Their protection, however, involves more than obtaining a registration. It requires clarity regarding ownership, chain of title, contractual exploitation rights, relevant territories and available enforcement mechanisms.

L&M Lawyers Associated designs and implements intellectual and industrial property strategies for companies, creators, investors, entrepreneurs and business families seeking to protect, organise, exploit or defend intangible assets in Colombia and other jurisdictions through the firm’s correspondent network.

The protection process

Our approach begins by understanding the asset and the role it plays within the business. Based on that assessment, the firm may advise on the following stages:

Asset identification and classification: determining which trademarks, works, designs, inventions, technologies, content, contracts or confidential knowledge require protection.

• Ownership validation: reviewing the role of authors, developers, employees, contractors, shareholders or third parties involved in creating the asset.
• Strategy definition: selecting the appropriate registration, assignment, licensing, confidentiality, monitoring and contractual protection mechanisms.
• Registration and portfolio organisation: filing and monitoring applications before the relevant authorities and establishing the documentary structure of the portfolio.

Exploitation and monetisation: designing licences, franchises, assignments, distribution arrangements, commercial exploitation models or the inclusion of the assets in transactions.

Monitoring and enforcement: addressing unauthorised uses, oppositions, infringement, imitation, contractual breaches or other threats to the portfolio.

Assets covered by the practice

The practice includes:

• Trademarks, trade names, slogans and other distinctive signs.
• Copyright in musical, audiovisual, literary, artistic and digital works.
• Software, applications, platforms and technology developments.
• Patents, utility models and industrial designs.
• Trade secrets, know-how and confidential information.
• Stage names, image, voice and other identity-related assets.
• Music, audiovisual and publishing catalogues.
• Domain names, digital content and platform-related assets.
• Agreements and chains of title supporting ownership of the assets.

Jurisdictional coverage and cross-border matters

Intellectual property rights are territorial. A registration obtained in Colombia does not necessarily grant protection in another country. A sound strategy therefore needs to consider where the client operates, generates revenue, intends to expand and faces a meaningful risk of infringement or appropriation.

L&M advises on portfolios covering Colombia, Latin America, the United States and Europe, directly or through alliances with firms and professionals in the relevant jurisdictions. The firm also participates in due diligence, portfolio clean-up, reorganisation and asset migration processes in connection with investments, acquisitions, corporate reorganisations and international expansion.

When legal advice is particularly relevant

An intellectual property strategy should be reviewed when a company:

• Is creating or updating its brand.
• Has developed software, content or technology with third parties.
• Plans to expand into new markets.
• Is preparing for investment, financing, sale or business integration.
• Seeks to license, franchise or monetise its assets.
• Has identified imitation, unauthorised use or opposition.
• Is uncertain about who owns its trademarks, works or developments.
• Needs to organise a portfolio distributed among different companies or individuals.

A sound intellectual property architecture not only reduces legal risk. It also supports transactions, strengthens negotiating power and turns dispersed assets into a coherent and enforceable portfolio.