Civil and commercial law

Intellectual Property

At IUS+AEQUITAS we provide comprehensive legal advice for the defence of all kinds of copyrighted works. Our extensive experience, proven in litigation for infringement of intellectual property rights, has made us a firm of reference in this area of law. Proof of this is that for eight years we have served as external legal counsel for a major copyright management entity, as well as our solid track-record of favourable rulings, obtained in matters as specific as litigation in defence of the moral rights of authors, which have resulted in very positive jurisprudential progress for the artistic community. 

We also offer top quality legal advice for the guardianship and judicial protection of intangible assets in the field of Industrial Property, such as industrial design, trademarks, patents, utility models, as well as know-how and trade secrets. 

 

We provide legal defence for numerous clients in all types of litigation for infringement of intellectual and industrial property rights: 

 

– Proceedings for infringement of intellectual property rights of all kinds of artistic, musical, audio-visual, literary, multimedia, software and other intangible assets protected by copyright or related rights. 

 

– Procedures for mediation, arbitration and safeguarding of rights in the digital environment before Section One and Section Two of the Intellectual Property Commission. 

 

– Proceedings for infringement, nullity and revocation of trademarks, patents and industrial designs. 

 

– Proceedings for violation of know-how and trade secrets. 

New Technologies and Data Protection

We have a specialised team that offers legal advice and litigation services in the areas of information society services and e-commerce, as well as personal data protection: 

 

– E-commerce and information society services: payment services and electronic money, electronic commercial communications, general conditions of use and contracting of websites. 

 

– Personal data protection: legal audit, drafting of privacy policies, cookies, data transfer and data processor contracts, international data transfers and legal defence in proceedings before the Spanish Data Protection Agency. 

 

At IUS+AEQUITAS we go every step of the way with our clients in their technological projects. We provide them with the necessary legal certainty to avoid, whenever possible, conflict. If unavoidable, our experts will put you in the best possible position to defend your rights. 

Consumers

We are specialised in the exercise of legal actions for the defence of individual, collective or diffuse interests of consumers and users affected by unlawful conduct in matters of diverse nature, such as: banking and financial, competition law, abusive clauses, general contracting conditions, advertising or air transportation, among others. 

 

Our clients include first-rate consumer and user associations and organisations, as well as various aggrieved consumer platforms or groups, who entrust our litigation services with the exercise of the corresponding collective, group or multi-individual action before judicial bodies or arbitration courts in order to obtain, in general, the cessation of the unlawful conduct and the due compensation for the damages caused to the affected consumers. 

Competition Law

We provide legal advice and legal defence in litigation for infringement of competition regulations, such as: 

 

– Cartels, pacts or collusive agreements to fix prices or other commercial conditions. 

 

– Abuses of dominant position, such as imposing prices or refusing to meet demands for the purchase or provision of services. 

 

– Unfair acts likely to disrupt the competitive structure or functioning of the market. 

 

Likewise, in collaboration with our litigation and administrative litigation department, we offer our clients legal defence in proceedings brought by the various Competition Authorities, always designing the strategy that will place them in the most favourable scenario possible in all judicial instances until the resolution is final. 

Unfair Competition

We offer legal defence and legal advice in all kinds of litigation related to unfair acts or behaviour in the market, such as: 

– Misleading actions and omissions.

– Acts of confusion.

– Aggressive practices.

– Illegal acts of denigration, comparison, imitation.

– Exploitation of the reputation of others.

– Breach of business secrets.

– Unlawful advertising.

– Unfair commercial practices towards consumers or users.

Distribution, Commercial Agency and Franchising

The field of distribution, commercial agency and franchising is one of the sectors in which our firm has a long track record, both in the negotiation and drafting of contracts and in defending the interests of manufacturers or distributors, franchisees or franchisors in legal or arbitration proceedings. 

Our partners have more than twenty years of successful experience in legal proceedings in the field of commercial distribution in defence of the most well-known companies in the beverage, food, agricultural and industrial machinery sectors, collaborating with expert economists for the due analysis of claims for compensation for clientèle and/or actual damages and loss of profits. 

 

Our ADR department also advises on major arbitration and court proceedings relating to the performance or termination of franchise agreements with international companies in all sectors of business and industry. 

Banking and Finance

The partners of IUS+AEQUITAS have extensive experience and a solid track record in a multitude of legal proceedings related to the banking and financial sector; advising both credit institutions and defending the interests of all kinds of national and mainly international investors. 

 

Prestigious banking and financial institutions hire our legal advice services to establish a joint procedural strategy in order to analyse the best way to defend their interests in complex contexts of corporate insolvency that prevent the collection of loans and credit instruments, studying the combination of judicial, civil or criminal actions, insolvency or aimed at refinancing and assignment of credits, all thanks to the positive synergies between the various departments in the firm, such as Insolvency, Criminal and ADR. 

 

By virtue of their appointment as insolvency practitioners, the partners in the Insolvency Department liaise with representatives of financial institutions on a daily basis to negotiate the judicial or extrajudicial sale or assignment of production units and assets used as collateral for loans and other financial transactions. 

As legal arbitrators, our partners in the ADR Department have also intervened and resolved arbitrations on the validity or nullity of complex financial instruments, such as multi-currency mortgages, preferential mortgages or swaps. 

Corporate

Our team of professionals, supported by our partners of the international law firm “DIAZ, REUS & TARG ATTORNEYS & COUNSELORS, LLC” (DRT) to which the firm belongs, employs all its capacity and technical experience to attend to the particular needs of all kinds of capital companies, both national and foreign. 

 

We provide legal defence in the resolution of disputes in corporate matters before the Courts and Tribunals throughout Spain and before national and international Arbitration Courts:

 

– Challenging corporate resolutions.

– Breach of shareholders’ agreements.

– Directors’ liability; derivative action, individual and joint and

– several action for corporate debts.

– Dissolution and liquidation of companies.

– Breach of all kinds of contracts for corporate transactions; mergers and acquisitions or joint-ventures

Honour, Privacy and Self-image

We provide legal defence services to our clients against interference or illegitimate intrusions in their very personal rights, aimed at protecting the rights of individuals, such as: 

 

– The right to honour.

– The right to personal and family privacy.

– The right to one’s own image.

We have a team of professionals with extensive experience and recognition in the legal management of these types of legal proceedings on infringement of the right to honour, privacy and one’s own image, both in civil and criminal proceedings, in which we have intervened over the years representing well-known celebrities and public figures with demonstrable results. 

Civil

We defend the interests of our clients in civil law matters, both in the courts and tribunals throughout Spain and in national and international arbitration courts. 

 

To this end, we put our experience into practice and design the legal strategy that best suits the requirements of each case in order to place the client in the most favourable scenario, defending their interests in all types of civil actions, both actions in rem and actions in personam, on all types of movable and immovable property: 

– Actions for nullity, annulment, rescission and termination of contracts.

– Civil liability actions in contract and tort.

– Actions of subrogation, reimbursement, repetition and fraud or revocation.

– Claiming, declaratory and possessory actions to retain or recover possession.

– Actions for the liability to remedy hidden flaws.

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