Intellectual Property

TechLex provides assistance and consulting across all Intellectual Property (IP) related matters, including trade marks, copyrights, patents and designs, not only in Bulgaria but also across the whole EU and UK regions.

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, and images used in commerce. The term encompasses various types of legal rights that protect such creations, including patents, trademarks, copyrights, and trade secrets. Intellectual property is often seen as the most valuable asset of every business.  That is why it is very important to have a trusted partner who is experienced and who knows who to protect your ideas using the means provided by the Intellectual property laws.

Intellectual property is important because it provides a legal framework for protecting the rights of creators and innovators, incentivizing them to continue to create and innovate. It also plays a critical role in driving economic growth and competitiveness by fostering innovation and creativity, encouraging investment in research and development, and promoting the dissemination of knowledge and ideas.

We help our clients to protect and defend their software products, source code, applications, APIs, databases, brands, designs and creative works, as well as formulating the right contract clauses whenever transactions involving Intellectual Property or rights of use over such Intellectual Property are contemplated e.g. in IP rights assignment agreements or similar legal instruments. Throughout the entire journey of the intellectual property (IP) lifecycle, we have provided guidance on challenges similar to the ones you encounter. Whether your aim is to comprehend the available safeguards, grant licenses for those rights to another enterprise, stop unauthorized usage, or gain insight into the IP environment you intend to navigate, we can lead you in the correct direction.

Our experts provide high-quality services in various IP law areas:

• Patent Law: A patent is a legal right to new inventions, technologies, computer programs or certain industrial processes, given to a person or entity without interference from others who wish to replicate, use, or sell them. Patents are granted by governing authorities and have a time limit, that may vary depending on the jurisdiction that grants the patent right. A patent right can be subject to a variety of transactions, including licensing, mortgaging, assignment. Under specific terms and conditions software could be patented in the United States and have a global protection.

• Copyright law – The Copyright law states that an object of copyright is any work of literature, art and science which is the result of creative activity and is expressed in any way and in any objective form which means that when someone creates a product that is viewed as original and that required significant mental activity to create, this product becomes an intellectual property by virtue of the law and that Intellectual property must be protected from unauthorized duplication or other form of unauthorized usage.

Copyright may include also rights over text, images, graphics, audiovisual elements, software code, source code, logos, trademarks, and domain names, website design, creative works and elements, layouts, user interfaces, databases, user stories, use cases, algorithms, working documents, deliverables, drafts, plans, schemes, presentations, product documentation, logs and any proprietary technologies employed for its operation, including any derivative works, modifications and enhancements thereof.

Generally speaking, software code is protected under copyright law, but it may be protected also as a patent, as pointed above.

• Trademark Law – A trademark is a symbol that is used by an individual, business organization or other legal entity for a commercial purpose. This symbol may be a name, word, phrase, logo, symbol, image or a combination of these elements. Trademark lawyers prepare and file the necessary documents in order to protect these symbols, as the protection is granted by a governing body and is valid for a limited period of time. Without getting your brand protected every business may face various issues, most notable someone else trying to take advantage from their popularity or their good reputation by using identical or similar brand which may lead to a confusion in customers that the products of the two companies are somehow related.

• Industrial design or only design – Industrial design is the visible appearance of a product or part of a product determined by the features of shape, lines, drawing, ornamentation, colour combination or combination thereof. This also is a subject of a registration in the competent governing body so that the owner of it can utilise it in the best possible way in his opinion.

Our Intellectual Property legal services include, but are not limited to:

1. Drafting, reviewing and consulting about various Intellectual Property Rights transfer agreements;
2. IP protection: trademark registration, patent filing, protecting copyright in software code. This involves conducting searches, preparing and filing applications, and responding to office actions from the relevant intellectual property office
3. IP enforcement: We can help clients enforce their IP rights by taking legal action against those who are infringing on their patents, trademarks, or copyrights. This may involve sending cease and desist letters, filing lawsuits, or negotiating settlements.
4. IP licensing: We can help clients negotiate and draft licensing agreements to allow others to use their intellectual property. This may involve negotiating terms and royalties, drafting the agreement, and ensuring compliance with relevant laws and regulations.
5. IP due diligence: We can conduct due diligence on intellectual property in the context of mergers and acquisitions or financing transactions. This involves reviewing and analyzing IP assets to assess their value, risks, and potential liabilities.
6. Preparing confidentiality agreements or said in other words – Non disclosure agreements (“NDA Agreements”). These agreements might be very useful in protecting your confidentiality, trade secrets and know-how from potential, future or current contractors.

NDA Agreements are usually concluded between companies before they enter into contractual relationship, i.e. when they are merely exploring opportunities to do business together and have necessarily to disclose some confidential information like prices, products, etc. Usually after conclusion of the final service agreement, it contains a confidentiality clause which replaces the NDA agreement.

7. IP counseling: We can provide strategic advice to clients on how to protect and commercialize their intellectual property. This may involve developing IP strategies, assessing the strength of existing IP portfolios, and providing guidance on IP-related legal issues.

Navigating the complexities of intellectual property is a challenging task, because the average person is often lacking a deep understanding of the details and the specifics of intellectual property rights. This knowledge gap poses significant risks for businesses, rendering them susceptible to a variety of potential threats and dangers, so if you are still not sure why you would need an Intellectual property lawyer for your business activities, then here are some reasons:

1. Even experienced business owners and even lawyers often find themselves struggling with the intricacies of intellectual property. Unlike tangible assets, intellectual property can be challenging to be taken care of. This is primarily due to the fact that a majority of individuals lack the essential information needed to navigate this complex domain. If you choose to enlist the services of an intellectual property lawyer, you can put these concerns to rest, as they possess the necessary expertise and knowledge to proficiently handle all matters pertaining to intellectual property.
2. Registering a trademark involves a significant research component that may not be widely recognized. Extensive investigation is necessary to ascertain that the intended trademark doesn’t already exist within your industry. An error made during this crucial phase can lead to substantial costs and potentially disrupt your intentions. Engaging the services of an intellectual property lawyer not only saves you time but also guarantees that the research will be conducted thoroughly and expertly.
3. A significant aspect of intellectual property law and affairs revolves around addressing individuals or entities attempting to infringe upon your copyrights or intellectual property rights. When such infringement occurs, lawyers can provide strategic counselling and advice on the most effective strategies to protect your legal rights and interests. This singular benefit underscores the advantages of hiring a lawyer, as it empowers you to preserve your business’s integrity and prevent unauthorized parties from benefiting from your intellectual property.

Our approach is always client-focused and results-driven. We understand that each client has unique needs and requirements, and we work closely with our clients to develop bespoke custom solutions that meet their specific needs. Our team of experienced attorneys has a proven track record of success in helping clients navigate the complex legal landscape of intellectual property law.

If you’re looking for a trusted legal partner in the intellectual property law industry, look no further. Contact us today to schedule a consultation and see how we can help you achieve your goals.