IP,IT, Life Science e-Report 2011

May / June 2011 • IBERIAN LAWYER • www.iberianlawyer.com

IBERIAN LAWYER

IP,IT, LIFE SCIENCE REPORT 2011Connecting all the bits (and bytes)

An abstract from Iberian LawyerMay / June 2011

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IP/IT, LIfe ScIenceS RePoRT

Connecting all the bits (and bytes)

The concerns of clients in the technology, media and telecoms (TMT) sectors as well as those across the life sciences are no different to those in the wider economy, say lawyers. There is no immunity from the downturn although certain areas of business activity are proving more resilient. These are however sectors in which law firms are able to build strong niches, as clients place increasing reliance on specific understanding of their own business goals and regulatory concerns. But with the convergence of technologies and platforms now the norm, regulators’ attempts to legislate for it are bringing new legal challenges for businesses and law firms alike.

“The impact of the downturn has been brutal and no business can say it has not been affected. But in the TMT and intellectual property (IP) arenas clients have proved to be relatively resilient,” says Hugo Écija, Founding Partner of Madrid-based Ecija.

Technology-led businesses are trying to innovate their way out of the downturn, say lawyers, and law firms across Spain and Portugal report consistent demand as a result of ongoing structural and legislative changes.

“In Portugal we see relative stability among the major technology and telecoms players but smaller companies are more volatile. Regulation and litigation are still stable but with the potential to grow,” says Ana Teresa Pulido, Partner in the TMT practice at PLMJ in Lisbon.

The economic environment has also made clients more aware of the need to strategically manage their IP assets and to realise intangible value, say lawyers.

“Companies continue to see IP as a valuable asset that needs to be protected

Las preocupaciones de los clientes en los

sectores TMT y Sanitario son similares a las de las empresas de otros

sectores. Para los despachos, ningún área de práctica es inmune a

la crisis, aunque estos sectores han resultado

ser más resistentes para los despachos ya que

requieren un conocimiento jurídico más especializado por lo que su contribución

es muy valorada.

and enforced, but many are now focusing this protection on their core products and have more limited budgets to devote to it,” says Jordi Llevat, Head of IP and IT at Cuatrecasas Gonçalves Pereira.

In recent years the World Intellectual Property Organization (WIPO) has registered a general decline in applications for international patents and brands for the first time in 30 years. Nonetheless, lawyers report that companies are placing a greater emphasis on cross-border as opposed to mere national protections.

“In the IP arena, the main pressures law firm practices face are not so much the consequence of the economic environment but more the result of the possibilities offered to rights owners to adopt transnational protection, such as the Community Trademark (CTM), Community Design and the proposed European Patent,” says César Bessa Monteiro Sr, Partner with pbbr in Lisbon.

Network growthBut across the TMT and pharmaceuticals sectors companies continue to invest in developing their infrastructures and product pipelines, say lawyers. Many are capital intensive industries and this requires significant forward planning.

In Portugal, major investments have continued to be made in expanding fibre-optic networks to provide “superfast” broadband and sophisticated pay-TV



offers. The allocation of further broadband wireless access spectrum (Wimax) and the auction of LTE (Long Term Evolution) and other “4G” mobile spectrum is expected in the autumn.

“The implementation of specific projects, including the roll-out of Wimax networks continues to encourage new investment and a certain amount of dynamism in the sector,” says Octávio Castelo Paulo, Head of the Corporate and TMT practice at Rebelo de Sousa & Advogados Associados (SRS Advogados).

The consequence of this activity is that in spite of the difficult economic climate, there has been no decrease in investment in the telecoms sector in Portugal. “But there are concerns about a reduction in consumer spending and the impact this may have on mobile and pay TV operators,” says João de Macedo Vitorino, name Partner at Macedo Vitorino & Associados.

The Memorandum that sets out the EU, ECB and IMF terms of the €78bn financial assistance package for Portugal places emphasis on further liberalisation and more effective regulation of the telecoms and media sectors, which will continue to impact the market, adds TMT specialist Luis Neto Galvão at SRS Advogados.

As an “added-value” sector TMT continues therefore to bring plenty of new opportunities for law firms, say lawyers. In the media sector, the demand to be informed and entertained remains unchanged, and increasingly across new distribution platforms.

Niche firms like Suárez de la Dehesa Abogados in Madrid are already well established, while others like Hernández-Echevarría have a growing profile.

“Those in the internet sector, for example, have suffered the crisis much less because it continues to present new business opportunities, not only for TMT companies, but also for content providers,” says Pedro Alemán, Founding Partner of another Madrid boutique, Pedro Alemán Abogados.

Legislative catch-upAlongside structural and infrastructure changes a continued major driver of legal demand is legislative change, say some. Nonetheless the legislature and regulators continue to play “catch up” with new technologies, services and product capabilities.

Lawyers in Portugal report no substantial developments in IP legislation, which was last updated in 2008 although, in the TMT arena, April saw the

publication of a new law (8/2011) transposing the EU’s Audiovisual Media Services Directive, updating the Television Law, the Advertising Code and the law on radio and television public service broadcasting.

One significant area of ongoing administrative litigation has been in the pharmaceutical field, notes Pulido at PLMJ. “It would be great if the possible revision of the Transparency Directive would help to put an end to ‘patent linkage’ in Portugal.”

This refers to the practice of linking market approval for generic medicines to the patent status of the original “innovative” product. “The issue is a live

one because the relative paralysis of Portugal’s courts is prompting some companies to seek new remedies to overcome ongoing patent protection barriers and, in effect, to gain market approval via the Administrative rather than Patent Courts,” says Ana Falcão Afonso at Vieira de Almeida.

In Spain, the legislators have been significantly more active, say lawyers there. Although it did not meet the deadline for the transposition of the e-privacy “Cookie” Directive (Directive 2009/136/EC), plans are in place to amend domestic legislation (Portugal has been given extra time to implement the Directive given its ongoing financial and political issues).

One area of legislative change that will prompt greater activity and clarity is Spain’s new Gambling Bill bringing comprehensive regulation of the sector for the first time. We finally have clarification around online gaming and advertising issues, with the first new licences being issued by the regulator, says some.

Also significant is the so-called “Ley Sinde” or “download” law which foresees the creation of a dedicated IP Commission responsible for prosecuting online copyright infringement. “Its practical consequences remain unclear but ISPs and online content providers need to carefully follow its implementation,” says Pedro Alemán.

Such changes therefore represent both challenges and opportunities for companies with a strong online focus, believes Blanca Escribano at TMT and media focused UK law firm Olswang, which opened in Madrid last September. “The convergence of content platforms, and of new technologies encouraging greater multimedia use and downloads, means that companies are expanding

The impact of the downturn has been brutal and no business can say it has not been affected. But in the TMT and IP arenas clients have proved to be relatively resilient.Hugo Écija, Managing Partner, Ecija

“”

May / June 2011 • IBERIAN LAWYER • www.iberianlawyer.com

their offerings; but they need to ensure they have the necessary structures and regulatory protections in place to do so.”

The transposition of EU rules and the impact of European rulings are also hugely significant in the technology and life sciences arenas, not only in terms of adjudicating issues but also affecting competitiveness, say lawyers. A judgment by the European Court of Justice (ECJ) last October (SGAE v. Padawan) declared that the Spanish system of compensation for private copying is not in accordance with EU Law.

The movement towards a common European Patent System may be opposed by the Spanish Government, among others, for language reasons but lawyers

note that they cannot reject such developments because they challenge accepted practice.

“The issues our clients face have increasingly little respect for national borders and many now are look to pre-empt cross-border risks,” says Juan

Manuel Rodriguez Cárcamo, Counsel with Pérez-Llorca in Madrid. Beatriz Díaz de Escauriazas, IP specialist at Bird & Bird agrees. “Clients

want what is best for them and that resolve their business

problems they are not interested in how such developments affect lawyers’

practices!” Others however question the practical impact of

greater EU-wide protection. “I don’t believe that we will see fundamental changes. Clients are not going to stop seeking national protections or to litigate in individual markets. In the pharmaceutical sector, for example, each country brings its own opportunities,” says Eduardo Castillo, Partner with Gómez-Acebo & Pombo in Madrid.

Regulatory understanding The convergence of media and telecoms and other platforms and the bundling of content services do not only however present challenges to businesses they also present recurring issues for regulators, say lawyers in both Spain and Portugal.

“The regional and national regulators are not aware of the real needs of clients’ business sectors. This is a problem that the Portuguese Government has to solve,” says Leonor Chastre, Head of IP at Abreu Advogados.

Portugal’s disparate regulatory bodies may seek to avoid overlapping responsibility, but companies are now increasingly willing to challenge regulatory and marketing authorisation rulings before the courts.

“We have seen some high profile judgments that have been heavily critical of the regulators’ positions,” says Vasco Stilwell d’Andrade, Counsel with Morais Leitão, Galvão Teles, Soares da Silva & Associados.

The issue in Spain is compounded by the overlapping remits of regional and national regulatory bodies. But while areas such as online gaming may now be better regulated, bringing greater clarity to both operators and users, other areas remain in limbo. “Specifically, the social media sector has emerged as a new phenomenon generating a significant number of issues,” says Álvaro Écija, co-Founding Partner of Ecija.

Judicial reviewThe challenges that surround social networks are however connected to rising concerns over data protection, say some. “Businesses increasingly depend on the continuous use of ICT in practically all sectors and this has entailed a sharp growth in the collection, use and retention of personal data,” says Ainhoa Veiga, Partner with Araoz & Rueda in Madrid

Spain’s Data Protection laws may be among the most stringent in Europe, and presents competitive barriers say some, but new issues continue to emerge, including geolocation and navigation information collected from mobile devices. “Social networking sites are receiving more and more claims from Spanish users, for identity theft, disclosure of personal information by third parties and the publication of offensive and defamatory information on public profiles,” says Judit Barnola, lP and IT specialist with Osborne Clarke in Barcelona.

The ability of the courts to understand specific business models and to resolve issues with sufficient clarity is also an area of concern. “In our opinion there may be enough regulatory coordination but we still wish for more decisive and ambitious legislation in general and a faster reaction from courts,” says Anna Viladás Jené, Partner with Roca Junyent in Barcelona.

Some report that companies are increasingly willing to explore alternative dispute resolution mechanisms or to sidestep the courts altogether. “We see more litigation but clients are not going to court just for the sake of it. They are well aware of the costs involved and so we are also also seeing a greater use of pre-claim analysis and inevitably a readiness to negotiate,” says Cárcamo at Pérez-Llorca.

The potential for delay, particularly in the Madrid

3


In Portugal we see relative stability among the major technology and telecoms players but smaller companies are more volatile. Regulation and litigation are still stable but with the potential to grow. Ana Teresa Pulido, PLMJ

“”


courts, is also prompting clients to pursue actions outside the capital, note some. “We have had instances where it has been difficult to explain to international clients some of the specificities of the Spanish system. And in some respects clients are justifiably afraid of becoming drawn into litigation and finding themselves in judicial limbo,” says Marta Delgado, Counsel at Jones Day in Madrid.

In Portugal, the issue is even more acute. A dedicated IP arbitration forum ARBITRARE has been in operation since 2009 although many question its effectiveness. “Developments that we see as positive measures are the possibility to present applications for international brands through the online services of the IP Portuguese Institute,” explains Rita Ferreira, Lawyer with Raposo Bernardo in Lisbon.

Plans are however near completion for a dedicated Portuguese IP Court, a process that has been ongoing since 2008. “The creation of an IP Court may represent an improvement in the enforcement of IP rights if adequately implemented, however, the choice of

Santarém, 90km away from Lisbon, as its location has raised criticism and concern,” says Bessa Monteiro of pbbr.

In spite of the strength of the domestic legislation inefficiency in the court system reduces rights holders’ legal protection and installs a sense of impunity for infringers, says Manuel Lopes Rocha at PLMJ. “The creation of specialised courts is an important step but other instruments, such as a more agile objective ruling system, should

definitely be implemented as well as ensuring stronger protections for fundamental rights in order to encourage more solid economic foundations.”

As well as in the life sciences sector, litigation is increasingly used as a strategic tool by TMT clients, say lawyers. “What is clearly evident in the media sector, in a sense paradoxically, is that the downturn in advertising revenues seems to be making companies more aggressive towards the restrictive practices by competitors,” says Rui Simões, Partner with Lisbon’s Sérvulo.

Firms’ challenge remains therefore to keep up with their clients as they both evolve and innovate. In order to help clients understand the full value or opportunities available lawyers need therefore to offer more than reactive advice. “We have to engage in a process of ‘legal engineering’ to give something that may be vague or intangible a structure that can then be protected and commercialised,” says João Paulo Miranda de Sousa, Head of IP at Garrigues.


Medical expertiseA sector in which law firms are increasingly looking to develop and demonstrate deep expertise is life sciences.

“Firms who operate in area are not and cannot be immune to the situation which clients are undergoing,” says Jordi Faus, Partner at Faus & Moliner, one of Barcelona’s leading industry regulatory firms alongside Jausàs.

Pharmaceutical companies may be less affected by economic trends but the prevailing austerity measures of the Spanish and Portuguese Governments is having an impact – as reduced health budgets favour cheaper generic drugs and treatments. Players are therefore becoming much more aggressive in protecting market shares and ensuring patent exclusivity, say lawyers.

“Intellectual property litigation, especially patent litigation, has not only increased but has become more sophisticated,” says José Massaguer,

Partner with Uría Menéndez in Madrid. “Only those lawyers with sufficient know-how, a thorough and technical understanding of the case law, as well as practical experience are in a position to meet these high standards.”

According to fellow Partner Ingrid Pi: “In the current scenario lawyers not only need the finest legal background but they also require extensive knowledge of other related fields, such as regulatory, in order to design complex client-specific strategies to protect the clients’ interests under any circumstances.”

Despite the size of the consumer market In Portugal, contentious issues have also become more sensitive. “Portugal was once considered a minor territory by many pharma companies but a number of adverse judicial decisions, and the ability of competitors to leverage the results elsewhere into the EU, has meant that when it comes to strategic issues companies are now more willing to fight,” says Ana Falcão Afonso at Vieira de Almeida.

The Health sector is among those

experiencing budgetary cuts as the Government seeks to better manage its finances budge, says Cesar Sá Esteves, Partner with SRS Advogados. “During 2010 State reimbursed medicinal products have been compelled to decrease their prices twice, while in March 2011 the Government also suspended the annual prices revision.”

The reform Memorandum presented by the EU, ECB and IMF also states that the price of the first generic products introduced in the market must decrease so that it corresponds to 60 percent of the price of the reference “brand” medicine, presently 65 percent – cuts that will negatively affect clients and create instability to their business, adds fellow Partner Ana Menéres.

Nonetheless, the reform measures are not all negative, she insists. “The Government also has to set an ambitious timetable to clear all payment arrears. If this measure is effectively implemented it will be very positive. Presently pubilc Hospitals owe the pharmaceutical industry more than €1bn.”

The convergence of content platforms, and of new technologies encouraging greater multimedia use and downloads, means that companies are expanding their offerings; but they need to ensure they have the necessary structures and regulatory protections in place to do so.Blanca Escribano, Partner, Olswang

“”



Increasing the frequency Telecoms companies are preparing to ring in a new era as Portugal gets ready to auction off its 4G spectrum bandwidthThe challenges facing the Portuguese economy have been evident for all of Europe to see. Amid the multi-billion euro bailouts and general election, public authorities have however started to look at helping to rebuild the country’s battered economy. The spectrum auction by regulator ANACOM of the next batch of telecoms frequencies – 4G – is part of that process.

4G is the fourth generation of wireless telecoms and is expected to provide comprehensive IP- based broadband solutions for smartphones, tablet computers, wireless modems and other mobile devices. Services such as IP telephony, ultra-broadband Internet access and streamed multimedia may thus be provided to Portuguese users.

“This year should see a number of radio frequencies for broadband wireless access put out to auction and this has prompted great interest from the major network operators acting in the Portuguese market,” says Magda Cocco, Partner and co-Head of Lisbon-based Vieira de Almeida & Associados’ Telecoms, Media & IT (TMT) practice group. “This auction is also expected to attract the interest of new international players.”

Indeed, hopes are that new entrants will challenge the local powerhouses. The Portuguese mobile telecoms sector is currently dominated by three operators: TMN (owned by Portugal Telecom), Optimus (owned by SONAECOM) and Vodafone Portugal.

In addition to increased competition, ANACOM officials believe the auction can provide a significant windfall for the Government during the current crisis. Estimated figures for the auction range from €450m to €500m. The 4G licence auction in Germany, as an example, boosted the Government’s coffers by over €4bn, although Cocco is cautious about the figures.

“I think that €450m is quite a high and ambitious amount, especially taking into consideration the allocation price of the spectrum in other European countries and Portuguese consumers’ purchasing power,” she says. “It is clear that if mobile operators and other players want to compete in Portugal, they need to bid. Not

Las empresas de telecomunicaciones

se preparan para una nueva era: el regulador Portugués ANACOM se

prepara para subastar el espectro 4G, explica Magda dice Cocco de Vieira de Almeida. Se

espera que nuevas compañías accedan al mercado para desafiar

a los tres grandes operadores actuales.

joining the bandwagon from the outset will run the risk of missing out.”

Further changeThe spectrum auction is just one aspect of the Portuguese telecoms sector providing interest to established market players and potential new entrants. The last quarter of 2011 will bring the spectrum auctions along with other structural changes as part of ANACOM’s Strategic Plan for 2011-2013.

One of the commitments undertaken by the Portuguese Government as a pre-requisite of the financial assistance package presented by the European Union (EU), European Central Bank (ECB) and International Monetary Fund (IMF) is to give up its “golden shares” and all other special rights established by law or in the statutes of publicly quoted companies, including in Portugal Telecom. The deadline for the sale (the end of July 2011) is ambitious, says Cocco, but the requirement means that sooner or later the Portuguese state will lose its special rights,

tied to its ownership of 500 Portugal Telecom “class A” shares. “The scope of possibility for investment that is put forth by this commitment is bound to get the attention of many

investors,” she says. Other matters on the horizon for

Portuguese telecoms companies include the privatisation of CTT and Radio Televisão Portuguesa as well as the expansion of their businesses abroad. All of which should present interesting opportunities for telecoms lawyers.

“We have already noticed a significant increase in the demand for legal services in Portuguese Speaking African countries, namely Angola, Mozambique, Cape Verde and, of course, Brazil,” Cocco says. “It seems that, at least in what regards the telecoms area, there are undoubtedly business opportunities arising at the present in the national market and there are indications of planned further international expansion.”

It may be doubtful whether the 4G licence auction will open the Portuguese market completely or bring in the desired revenues but, what is clear, is that market changes are nonetheless ahead, she concludes.

Magda Cocco

We have already noticed a significant increase in the demand for legal services in Portuguese Speaking African countries.

“”



Commercialising businesses’ intangible assets The way companies’ products look and feel can be as valuable as the product itself with the right protections

As businesses look to expand internationally they need to understand the full value of the intangible products and services they own, says João Paulo Miranda de Sousa, Head of IP at Garrigues.

“When looking to new markets, companies will focus on sales, manufacturing or distribution channels, and marketing and pricing strategies without always considering the full value of what they offer or the protections they need to ensure are in place.”

There is no guarantee that the intellectual property (IP) protections a company has at home for their brands, designs or packaging, will apply in a new market. Likewise businesses have to ensure they will not conflict with the rights of others.

“Having the right IP strategy can inform or even determine a business´s international strategy. Clients are often surprised that having left the IP issue to the latter stages of planning they cannot do what it was they initially set out to do.”

In times of crisis, businesses are asking “what more can I do with what I have?” says Miranda de Sousa. If the domestic market is no longer enough companies need to find new ways and new markets in which to operate.

“In order to help clients understand the full value or opportunities available lawyers need to offer more than reactive advice. We have to engage in a process of ‘legal engineering’ to give something that may be vague or intangible a structure that can then be protected and commercialised,” he insists. The goal is to present the client with the legal freedom to operate as they want. “We need to understand how our clients’ businesses work, their strategic goals and the products they are developing. They do not want us to give them problems they want us to avoid them altogether.”

The question clients must therefore ask is: “What is the value of what I am doing and can you help me to create a commercial strategy to extract the maximum value?” says Miranda.

Las empresas en proceso de expansión internacional necesitan comprender el valor de sus productos y servicios intangibles, opina João Paulo Miranda de Sousa de Garrigues Portugal.

The cookies crumbleEU Directive 2009/136/EC, dubbed the “Cookie” Directive, came into law in many European countries in May 2011. The rules state that any organisation using a cookie – a file downloaded onto a computer or mobile device to allow users to access certain websites – must seek consent from the users before installation.

Under the previous regime, organisations had to inform users how to “opt out” of their automatic cookies. “Most websites tended to bury this information in the small print of privacy policies. Now, instead, companies have to receive explicit clearance from users,” says Rui Simões, a Senior IP Associate with Sérvulo & Associados in Lisbon.

The rules apply to all websites, not just e-commerce, that store or gather information from users. As such, many websites could fall foul of the low-key and untested Directive. The UK’s Information Commissioner’s Office warned in May about the Directive’s hazy definitions. For example, how

to evaluate what type of cookies a company uses, how much privacy protection cookies offer, the different ways user consent can get obtained and the use of third-party cookies.

Simões says Portuguese companies should take advantage of additional time to comply with the rules. The country is to hold a general election on June 5th, 2011, following a €78bn EU bailout to plug the holes in Portugal’s public finances, meaning implementation of the Directive is not an immediate concern.

The firm has nonetheless developed a three-step plan for clients in anticipation of the rules, he explains. “The first step is assessment; what cookies, if any, does a website have. Subsequently, companies need to review their website’s privacy policy and identify the risks, and finally correct those aspects that do not comply.” Companies may have extra time to make the changes, he concludes, but they must still be made.

En virtud de la Directiva de “cookies”, que se implementó en mayo de 2011, las páginas web deberán solicitar el consentimiento previo de los usuarios. Las empresas portuguesas cuentan con un plazo adicional, pero también tendrán que realizar los cambios previstos, afirma Rui Simões de Sérvulo.

Rui Simões

João Paulo Miranda de Sousa



All in IT togetherFrom Facebook to data sharing, when it comes to IT issues, Iberian clients experience the same challenges as every other company in the worldThe ItechLaw Association held its annual meeting in San Francisco in May.

The organisation discussed a selection of IT issues that clients are dealing with but the evident overall theme was the global nature of the problems.

“The main IT challenges are not Iberian, they are international,” says César Bessa Monteiro, Partner at pbbr and Portuguese member and local representative of ITechLaw. “Iberian companies are facing the same issues as most other companies, IT is a global platform.”

Topics currently under consideration include the future of software development in a wireless market, IT contracting and outsourcing as well as privacy matters and regulation. Bessa Monteiro adds that data transfer is one of the most important areas of concern for European clients.

In Portugal, for instance, companies must now comply with EU data transfer protocols – through which it

will no longer be necessary to receive clearance from the local data protection authorities to transfer data between EU members.

This is not the case, however, in the US, he warns. If a Portuguese company wants to transfer data to the US, it must get clearance from the local data protection authority or run the risk of failing to comply with EU regulation and Portuguese law, unless an agreement is signed according to the standard model approved by EU or the US organisation is self-certified to the US-EU Safe Harbour Framework.

Bessa Monteiro also believes that social networking remains an area of continuing challenges.

“There are lots of problems with social networking sites in terms of privacy, advertising, bullying and, as seen in the UK recently, breaching court orders,” he continues. “There needs to be clearer rules globally on how such sites operate.”

Desde el uso de Facebook al intercambio de

archivos, las empresas de la Península Ibérica se

enfrentan a un alto nivel de riesgo vinculado al uso de las nuevas tecnologías

de la información, afirma César Bessa Monteiro de

ppbr y representante de ITechLaw en Portugal.

Promoting a new entrepreneurial research cultureA consensus has been reached among Spain’s major economic and political entities on the need to promote entrepreneurialism linked to science, technology and research initiatives, and for legislative change to do so, says Ignasi Costas, Partner with Rousaud Costas Duran in Barcelona.

“In such a context it is extremely important to establish collaborative mechanisms, public-private partnerships and technology transfer agreements to allow into the market of the research resultsof public entities.”

The intention is to reflect the success of other countries that in recent years have generated policies promoting the creation of technology-based enterprises to commercialise public research, he says.

“Such companies are characterised by the participation of researchers who wish to commercially exploit the results of their own investigations and where there is a shared ownership with the public entities for who they work.” Spain’s new Science Technology and Innovation

(LCTI) and Sustainable Economy Law (LES) have both refocused the applicable legal frameworks to overcome previous obstacles, says Costas.

“The new legislation provides an explicit recognition of the right of public researchers to benefit commercially from their work. This previously only applied to university staff and certain State-owned organisations and was limited to patents. The LCTI has extended this to also encompass ‘creations’, ‘inventions’ and software development.”

The Acts include measures to facilitate deeper private sector involvement in research, funding and commercialisation, says Costas. But also promote the creation of new private entities by public institutes and remove certain previously applicable employee conflict rules.

“The new regime presents a clear intention to boost productivity and competition and to promote a new entrepreneurial culture. There may still be significant gaps in the regulation but this marks a significant step forward.”

Las nuevas Leyes de la Ciencia, la Tecnología y

la Innovación (LCTI) y de Economía Sostenible

(LES) han dado un giro al anterior marco

normativo que impedía a los investigadores públicos

la explotación comercial de sus trabajos, explica

Ignasi Costas de RCD Asesores en Barcelona.

Ignasi Costas

César Bessa Monteiro



Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.

Ainhoa Veiga, Araoz & Rueda

Address: Paseo de la Castellana 164, 28046 MadridTel: +34 91 319 02 33 Fax: +34 91 319 13 50Email: [email protected] Web: www.araozyrueda.comMain practice areas: Competition (Antitrust), M&A and Corporate, IP/IT and Litigation

Alejandro Angulo, Grau & Angulo

Address: Josep Irla i Bosch 5-7, 8º, 08034 BarcelonaTel: +34 93 202 34 56 Fax: +34 93 240 53 83Email: [email protected] Web: www.gba-ip.comMain practice areas: Intellectual Property, Specialising in Patent, Trademarks, Designs, Copyright and

Unfair Competition Litigation

Ana Menéres, SRS Advogados

Address: Rua Dom Francisco Manuel de Melo 21, 1070-085 LisbonTel: +351 21 313 20 51 Fax: +351 21 313 20 06Email: [email protected] Web: www.srslegal.ptMain practice areas: Life Sciences (Pharmaceuticals, Biotechnology and Devices)

Ana Teresa Pulido, PLMJ – Sociedade de Advogados

Address: Avenida da Liberdade 224, 1250-148 LisbonTel: +351 21 319 73 03 Fax: +351 21 319 73 09Email: [email protected] Web: www.plmj.com Main practice areas: Intellectual Property, Telecommunications, Media and Technology (TMT)

António de Magalhães Cardoso, Vieira de Almeida & Associados

Address: Avenida Duarte Pacheco 26, 1070-110 LisbonTel: +351 21 311 34 00 Fax: +351 21 311 34 06Email: [email protected] Web: www.vda.ptMain practice areas: Intellectual Property, Corporate, M&A, Litigation and Arbitration

César Bessa Monteiro, pbbr - Pedro Pinto, Bessa Monteiro, Reis, Branco & Associados

Address: Avenida da Liberdade 110 - 6º, 1250-146 LisbonTel: +351 21 326 47 47 Fax: +351 21 326 47 57Email: [email protected] Web: www.pbbr.ptMain practice areas: IP/IT, TMT, Marketing & Advertising and Life Sciences

César Bessa Monteiro Jr, pbbr - Pedro Pinto, Bessa Monteiro, Reis, Branco & Associados

Address: Avenida da Liberdade 110 - 6º, 1250-146 LisbonTel: +351 21 326 47 47 Fax: +351 21 326 47 57Email: [email protected] Web: www.pbbr.ptMain practice areas: Commercial & Corporate Law, M&A, IP/IT, TMT, New Technologies, Marketing and

Advertising

Anna Viladàs Jené, Roca Junyent

Address: Aribau 198, 08036 BarcelonaTel: +34 93 241 92 00 Fax: +34 93 414 50 30Email: [email protected] Web: www.rocajunyent.comMain practice areas: Copyright Law, Intellectual Property (Trademarks, Designs and Patents), Unfair

Competition and Scandinavian Desk

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Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.


César Sá Esteves, SRS Advogados

Address: Rua Dom Francisco Manuel de Melo 21, 1070-085 LisbonTel: +351 21 313 20 51 Fax: +351 21 313 20 06Email: [email protected] Web: www.srslegal.ptMain practice areas: Life Sciences (Pharmaceuticals, Biotechnology and Devices)

Fernando Resina da Silva, Vieira de Almeida & Associados

Address: Avenida Duarte Pacheco 26, 1070-110 LisbonTel: +351 21 311 34 00 Fax: +351 21 311 34 06Email: [email protected] Web: www.vda.ptMain practice areas: Information Technology, Outsourcing, Electronic Communications, Electronic Commerce,

Advertising and Media

Gonzalo de Ulloa y Suelves, Gómez-Acebo & Pombo

Address: Paseo de la Castellana 216, 28046 MadridTel: +34 91 582 91 00 Fax: +34 91 582 91 14Email: [email protected] Web: www.gomezacebo-pombo.comMain practice areas: Patents and IT

Héctor Jausàs, JAUSAS

Address: Passeig de Gràcia 103, 08008 BarcelonaTel: +34 93 415 00 88 Fax: +34 93 415 20 51Email: [email protected] Web: www.jausaslegal.comMain practice areas: Life Sciences, Regulatory and Competition Law

Iván Sebastián de Erice, Hernández-Echevarría Abogados

Address: Glorieta de Rubén Darío 3, 2º Izda, 28010 MadridTel: +34 91 559 00 10 Fax: +34 91 547 15 99Email: [email protected] Web: www.hernandezechevarria.esMain practice areas: Technology, Communications & Telecoms, E-Commerce, Data Protection & Privacy, Media, Corporate and Commercial Law

Jesús Muñoz-Delgado y Mérida, Gómez-Acebo & Pombo

Address: Paseo de la Castellana 216, 28046 MadridTel: +34 91 582 91 00 Fax: +34 91 582 91 14Email: [email protected] Web: www.gomezacebo-pombo.comMain practice areas: Patents, Designs and Life Sciences

Jordi Faus, Faus & Moliner

Address: Rambla Catalunya 127, 08008 Barcelona Tel: +34 93 292 21 00 Fax: +34 93 292 21 01Email: [email protected] Web: www.faus-moliner.comMain practice areas: Pharmaceutical, EU Law, Commercial & Competition Law and Arbitration

Ignasi Costas, Rousaud Costas Duran

Address: Avenida Diagonal 593, 08014 BarcelonaTel: +34 93 503 48 68 Fax: +34 93 503 48 69Email: [email protected] Web: www.rcd-bcn.comMain practice areas: Innovation, Life Sciences, IP, Public Law and Corporate



Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.


Josep Carbonell, JAUSAS

Address: Passeig de Gràcia 103, 08008 BarcelonaTel: +34 93 415 00 88 Fax: +34 93 415 20 51Email: [email protected] Web: www.jausaslegal.comMain practice areas: Technology, E-Commerce, Intellectual Property, Data Protection & Privacy and

Digital Media

Judit Barnola, Osborne & Clarke

Address: Avenida Diagonal 477, Planta 20, Torre Barcelona, 08036 BarcelonaTel: +34 93 419 18 18 Fax: +34 93 410 25 13Email: [email protected] Web: www.osborneclarke.esMain practice areas: Technology, E-Commerce, Intellectual Property, Data Protection & Privacy and Digital Media

Leonor Chastre, Abreu AdvogadosAddress: Avenida das Forças Armadas 125, 12, 1600-079 LisbonTel: +351 21 723 18 00 Fax: +351 21 723 18 99Email: [email protected] Web: www.abreuadvogados.comMain practice areas: Technology, Communications &Telecoms, E-Commerce, Intellectual Property, Life

Sciences, Data Protection & Privacy (Pharmaceuticals, Biotechnology and Devices), Television & Broadcasting and Digital Media

Luís Neto Galvão, SRS Advogados

Address: Rua Dom Francisco Manuel de Melo 21, 1070-085 LisbonTel: +351 21 313 20 35 Fax: +351 21 313 20 04Email: [email protected] Web: www.srslegal.ptMain practice areas: Technology, E-Commerce, Television & Broadcasting, Communications & Telecoms,

Intellectual Property, Data Protection & Privacy, Digital Media and Outsourcing

Magda Cocco, Vieira de Almeida & Associados

Address: Avenida Duarte Pacheco 26, 1070-110 LisbonTel: +351 21 311 34 00 Fax: +351 21 311 34 06Email: [email protected] Web: www.vda.ptMain practice areas: Privacy & Data Protection, Electronic Communications, Technology and Public

Manuel Lopes Rocha, PLMJ – Sociedade de Advogados

Address: Avenida da Liberdade 224, 1250-148 LisbonTel: +351 21 319 73 03 Fax: +351 21 319 73 09Email: [email protected] Web: www.plmj.comMain practice areas: Intellectual Property, Telecommunications, Media and Technology (TMT)

Margarida Couto, Vieira de Almeida & Associados

Address: Avenida Duarte Pacheco 26, 1070-110 LisbonTel: +351 21 311 34 00 Fax: +351 21 311 34 06Email: [email protected] Web: www.vda.ptMain practice areas: Telecommunications, Regulatory, Data Privacy, Public Procurement and Technology

Luís Pais Antunes, PLMJ – Sociedade de Advogados

Address: Avenida da Liberdade 224, 1250-148 LisbonTel: +351 21 319 73 24 Fax: +351 21 319 73 09Email: [email protected] Web: www.plmj.comMain practice areas: Telecommunications, Media and Technology (TMT)



Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.Sponsored section: A selection of law firms recommended within the internationally recognised directories and / or by clients.


Octávio Castelo Paulo, SRS Advogados

Address: Rua Dom Francisco Manuel de Melo 21, 1070-085 LisbonTel: +351 21 313 20 35 Fax: +351 21 313 20 04Email: [email protected] Web: www.srslegal.ptMain practice areas: Communications & Telecoms, Regulatory, Television & Broadcasting,

Data Protection and Privacy

Paulo Pinheiro, Vieira de Almeida & Associados

Address: Avenida Duarte Pacheco 26, 1070-110 LisbonTel: +351 21 311 34 00 Fax: +351 21 311 34 06Email: [email protected] Web: www.vda.ptMain practice areas: Public, Life Sciences and Administrative

Pedro Alemán Lain, Pedro Alemán Abogados

Address: Lagasca 10, 1º, 28001 MadridTel: +34 91 435 32 01 Fax: +34 91 435 61 01Email: [email protected] Web: www.pedroaleman.comMain practice areas: Intellectual Property (Copyright), TMT and Corporate Law

Ricardo Henriques, pbbr - Pedro Pinto, Bessa Monteiro, Reis, Branco & Associados

Address: Avenida da Liberdade 110, 6º, 1250-146 LisbonTel: +351 21 326 47 47 Fax: +351 21 326 47 57Email: [email protected] Web: www.pbbr.ptMain practice areas: IP/IT, TMT, Marketing & Advertising and Life Sciences

Rui Simões, Sérvulo

Address: Rua Garrett 64, 1200-204 LisbonTel: +351 21 093 30 00 Fax: +351 21 093 30 01/02Email: [email protected] Web: www.servulo.comMain practice areas: Intellectual Property and IT

Sofía Martínez-Almeida y Alejos-Pita, Gómez-Acebo & Pombo

Address: Paseo de la Castellana 216, 28046 MadridTel: +34 91 582 91 00 Fax: +34 91 582 91 14Email: [email protected] Web: www.gomezacebo-pombo.comMain practice areas: Trade Marks, Advertising and Unfair Competition

Xavier Moliner, Faus & Moliner

Address: Rambla Catalunya 127, 08008 Barcelona Tel: +34 93 292 21 00 Fax: +34 93 292 21 01Email: [email protected] Web: www.faus-moliner.comMain practice areas: Commercial Law, Litigation, Public Contracts, Data Protection, Real Estate

and Damages

Rita Ferreira, Raposo Bernardo

Address: Avenida Fontes Pereira de Melo 35, 18º, 1050-118 LisbonTel: +351 21 312 13 30 Fax: +351 21 356 29 08Email: [email protected] Web: www.raposobernardo.comMain practice areas: Health & Pharmaceutical Law, Life Sciences, Intellectual Property, TMT and General

Civil Law

• IBERIAN LAWYER • May / June 2011 www.iberianlawyer.com

IBERIAN LAWYER

An abstract from Iberian LawyerMay / June 2011

For further information please [email protected]

www.iberianlawyer.com

IP,IT, Life Science e-Report 2011

Documents

Transcript of IP,IT, Life Science e-Report 2011