IP and Privacy Protection

Amid perpetual innovation, digitalization and evolving, bugging regulation of the intellectual property and privacy matters, legal aspects of managing and protecting data become crucial. Our team members have advised on risk management and compliance across this area’s critical issues involving some of the world’s Big Tech players. Nowadays, we offer a broad spectrum of IP and privacy protection services, which include:

• Intellectual property audit: review of patents, trademarks, ownership/copyright, data protection issues, trade secrets, and analysis of existing internal regulations on the IP;
• Patenting of the client’s new and promising technologies, including novelty search and state of art analysis, to expand the client’s patentable rights to cover future innovations and future possible trends in the US, the EU, and other countries;
• Analysis of the new product/service/technology potential infringement of IP rights of third parties, including client’s competitors and patent trolls (freedom to operate analysis), which enables client safe feature development;
• Patent infringement analysis for the purposes of identification of valid patents, including claim charts, patent non-infringement and invalidity analysis, optimization of publicly available information;
• Patent lawsuit analysis to identify risks that already occurred to 3rd parties and could be also the current and future risks for the client;
• Managing patent litigation, including consulting, developing strategies on arguments, expert opinions, mediation, mock trial and trial, interaction with local representatives;
• Enforcing client’s IP rights in USA, EU, China, Russia, and Japan through negotiations, C&D letters, requests to authorities, and filing complaints;
• Due diligence in relation to IP for investors, M&A, or other cooperative ventures;
• Competitive and market trends analysis;
• Technical expertise in the framework of lawsuits and regulatory actions;
• Counselling in technology and data-related actions, including class action litigation and anti-trust litigation in the areas of unfair competition and abuse by monopolies (our lawyers have experience in successful cases against tech giants such as Apple and Microsoft) in key jurisdictions;
• Negotiating cyber-liability coverage;
• Drafting of NDAs, Inventions Assignment Agreements, and EULAs;
• Drafting/revision of IP, privacy and security-related provisions in agreements with employees, partners and customers;
• Third party code analysis to ensure proper use of the third party’s IP in client’s products.

GDPR, CCPA, HIPPA, and LGPD Compliance

• Analysis of software and services compliance with the GDPR;
• Analysis of the legal aspects and constructing legal basis for transferring data to the third countries;
• Drafting/reviewing of privacy policy, retention policy, privacy notice, data breach rules, data processing activities etc.
• External DPO and DPO-as-a-Service;
• Support lawsuits, any claims and regulator’s requests in the area of data protection.