Intellectual Property

Context:

The client is a commercial free zone company of foreign capital located in one of the main touristic zones of the national territory dedicated to the distribution of garments and accessories for the beach.

Alburquerque assisted the client by preserving and guaranteeing ownership of his rights in respect of a trademark whose registration and use in commerce amounted to eight years, and in turn, representing a guarantee for the products marketed by the client under said distinctive sign. In this regard, the Firm represented the client in its defense against a claim process initiated by a third party before the National Industrial Property Office (ONAPI), subsequently preparing the pleadings and documents for the filing of an Administrative Appeal, against a decision issued by the ONAPI. While a victory was achieved on behalf of the client, the counterparty proceeded with the filing of an Appeal before the court. The Firm assisted the client further by preparing the defense allegations securing another favorable outcome. Therefore, the counterparty appealed the latter decision issued by the Court of Appeal, leading to an on-going process in which the firm to represent the client aiming to achieve another favorable decision from the competitive court.

It should be noted that these instances are part of an international process, where the counterparty has tried to violate the client’s industrial property rights. However, the successful representation of the client by Alburquerque has prevented this from happening in the Dominican territory.

Benefit:

Due to the representation and services provided to the client before the administrative and judicial instances, the Firm has ensured due process and effective safeguard of the client´s intellectual property rights and fundamental rights, including the claim over its trademark therefore the possibility of selling its merchandises in its establishments.

Lawyers:

Lic. José Manuel Alburquerque Prieto, Managing Partner
Lic. Gina A. Hernández, Corporate Business Partner
Lic. Stephanie Been Martínez, Corporate Business Senior Associate
Lic. Derick Hernández Grau, Senior Associate


Context:

The client is a company that unfolds in the tech market mainly developing software related to the financial sector.

Alburquerque assisted the client in the negotiations and preparing contracts prior to the analysis and development of a software for the handling of financial issues. Likewise, the Firm prepared the pertinent documents for the registration of said software before de Dominican Copyright Office (ONDA).

Benefit:

Because of the software´s registration, the client counts with the copyrights of his creation, as with all the derivative rights thereof and its effective safeguard. Furthermore, due to the preparation of the corresponding contracts, the firm managed to limit the contingencies thar could arise from the client´s relation to the counterpart guaranteeing our client his success, who gained a profit of USD$15,000.00

Lawyers:

Lic. José Manuel Alburquerque Prieto, Managing Partner
Lic. Gina A. Hernández, Corporate Business Partner
Lic. Stephanie Been Martínez, Corporate Business Senior Associate