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Litigation, Arbitration and Workplace Mediation

Any conflict prevention strategy must take into account the possibility that sooner or later recourse to the courts may constitute a necessary means to restore the right or defend oneself against accusations by a third party.

Litigation

It is in the Litigation Area where ELZABURU has experienced the greatest growth in recent years due to the accumulated experience and prestige achieved by its professionals. ELZABURU has a team of lawyers with extensive and recognized experience who are dedicated exclusively to the exercise of actions in industrial and intellectual property. In addition, ELZABURU has promoted and led the recent rise in other alternative means of conflict resolution, such as mediation and arbitration, with the aim of always seeking the most effective remedy for each case based on the client's interests.

Arbitration

Arbitration is a method for resolving conflicts especially indicated in matters of industrial and intellectual property and information technologies. In international contracting, it is common for the parties to be unable to reach an agreement on the courts that would resolve the eventual conflict. Arbitration is an ideal solution to resolve this problem.
Also in the case of national conflicts, arbitration may be advisable, since the speed in resolving the problem may be a factor that determines the choice of this means of conflict resolution. But in any case, it is important to highlight that in arbitration, the study and resolution of the conflict falls on people with special preparation and capacity for each specific matter, which has special relevance in this matter.
Our firm has a group of specialists, experts in industrial and intellectual property, in various types of arbitration, from that relating to the resolution of conflicts regarding domain names, to those referring to other areas such as audiovisual law, trademarks and patents. , information technologies and patents and know-how, both in cases of infringement and licenses and all types of transactions. We are able to advise our clients in choosing the most convenient arbitration system in terms of costs, time and specialization due to the subject matter, as well as represent them in arbitration procedures and proceed with the subsequent execution of the award that is issued.

Workplace Mediation

Mediation is an extremely effective conflict resolution instrument. Relegated in Spain to legal issues of the family or consumer order, we have not been able to discover its immense possibilities. However, in other countries around us it has become a common means of resolving commercial conflicts. In the field of intellectual property, more and more companies and entities are resorting to mediation to resolve their contractual problems quickly and satisfactorily, also managing to preserve the relationship with the other party and sometimes even strengthening it even further.
The practice of mediation in this field requires not only the necessary legal specialization, but also knowledge of the process and techniques that will be used by the mediator to bring the parties together and reach an agreement.
The Firm has several lawyers, experts in industrial and intellectual property, registered as mediators by prestigious centers and with experience in national and international mediation, who put their experience at the service of our clients.

How do we help you?

Exercise of all types of legal actions in matters of trademarks, patents, copyrights, designs, unfair competition, advertising, consumer and personality rights.
Oral and written actions before all types of courts (Commercial Courts, EU Trademark Court, Contentious-Administrative Courts, Superior Courts of Justice, Provincial Courts, EU Trademark Court, Supreme Court).
Appeals to the CJEU against EUIPO decisions.
Preliminary questions before the CJEU.
Prior proceedings or verification of facts.
Precautionary measures with or without a hearing of the defendant.
Actions for infringement of rights (cessation, removal, compensation).