Dispute prevention and resolution

MASC

We design and document MASC strategies to resolve industrial and intellectual property disputes, document prior negotiations, and prepare for litigation if necessary.

“In addition to representing clients in court, the firm plays a leading role in developing alternative dispute resolution mechanisms, such as mediation and arbitration.”

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A Comprehensive Approach at MASC

Strategic Negotiation Before Going to Court

Alternative Dispute Resolution (ADR) seeks to resolve a dispute before resorting to the courts, through prior negotiation to reduce costs, time, and risks when an agreement is possible.

Organic Law 1/2025, on measures to improve the efficiency of the Public Justice System, has reinforced this approach by requiring, in certain civil and commercial matters, proof of a prior attempt at an out-of-court settlement before filing a lawsuit. At ELZABURU, this approach was already part of our standard practice: we always seek to resolve disputes out of court whenever possible.

Our experience in industrial and intellectual property dating back to 1865 enables us to assess every dispute involving trademarks, patents, designs, copyrights, trade secrets, or other intangible assets with a thorough understanding of the asset and a strategic vision.

In addition to this hyper-specialization, we bring more than 30 years of courtroom experience. That is why, when negotiations fail, we devise strategies that not only meet the required formalities but also strengthen the client’s position in the event of legal action.

Services at MASC

Alternative Dispute Resolution to Prevent, Negotiate, and Prepare for Conflicts

MASC Strategy and Conflict Analysis

We assess the dispute, the rights at stake, the positions of the parties, and the most appropriate course of action to pursue an effective out-of-court resolution.

Binding Requirements and Prior Negotiation

We draft communications, requests, and negotiation proposals that demonstrate a good-faith effort to reach an agreement and protect the client's position.

Mediation and Conciliation

We assist with mediation or conciliation proceedings in disputes involving industrial property, intellectual property, technology, or unfair competition.

Binding Offers and Proposed Settlements

We draft confidential, binding offers, settlement proposals, and alternative solutions tailored to the client's interests.

Out-of-court settlements and resolution of the dispute

We draft and negotiate settlement, coexistence, licensing, assignment, confidentiality, and transaction agreements to resolve disputes with legal certainty.

Independent expert specializing in

We serve as independent experts in disputes involving intangible assets, providing specialized technical and legal expertise in industrial and intellectual property.