Intellectual Property

In crypto and technology businesses, intellectual property is often the company's most valuable asset. Code, protocols, brands, domain names, designs and digital content are what investors pay for and what competitors try to copy.

Protecting these assets raises questions that traditional IP practice was not built for. Smart contracts are deployed publicly on-chain, much of the ecosystem runs on open-source code, and NFTs have created new ways to sell and license digital works. Web3 domain names sit outside the traditional domain name system. Protection also varies by jurisdiction: a user interface registered as a design in the EU may rely on copyright in the United States.

We help you identify, protect, license and enforce your IP throughout its life cycle, from the first line of code to the sale of the company. We combine IP law with a working understanding of the technology. For registrations and disputes outside the EU, we coordinate with local counsel.

How we can help

• Trademarks: clearance searches, filing strategy and registration at EU, national and international (Madrid) level, including protection for virtual goods and crypto-related services
• Software and smart contract protection: copyright in source code and smart contracts, ownership of code written by employees, contractors and DAO contributors, and protection strategies for code deployed on public blockchains
• Open-source and software licensing: choosing the right license for your project (permissive, copyleft or source-available), compliance audits of third-party components, management of forks, and software, white-label and co-development agreements
• Design and user interface protection: registering website and app graphics and interfaces as EU designs, and protecting the same assets through copyright in the United States
• Copyright and NFTs: rights in digital artwork and collections, NFT licensing terms, and what buyers actually acquire when they purchase a token
• Domain names: UDRP proceedings under ICANN rules for .com and other generic domains, equivalent procedures for country-code domains such as .io, .so, .eu and .it, and protection strategies for Web3 domains on ENS (.eth), Unstoppable Domains and other blockchain naming systems
• IP due diligence and M&A: chain of title for code and brands, open-source compliance and IP warranties in the sale or acquisition of technology businesses
• IP valuation: valuation of trademarks, software and smart contracts for transactions, fundraising, licensing, accounting and disputes
• IP disputes: infringement actions, trademark oppositions and cancellations, and takedowns against copycat projects

IP in transactions

When a crypto or technology business is sold, the buyer is paying largely for two things: its customer base and its intellectual property. The value of the deal can shrink, or the deal can collapse, if ownership of the code is unclear, open-source licenses have been breached or the brand was never properly registered. We run IP due diligence for buyers, investors and sellers, and help fix problems before they reach the negotiating table.

Knowing what your IP is worth matters just as much. Our founder is a member of ECTA, the European Communities Trade Mark Association (biggest EU IP lawyers association), and sits on its IP Valuation Task Force. We value trademarks, software and smart contracts using internationally recognized methodologies, whether for M&A, fundraising, licensing, accounting or litigation.

Our approach

We treat IP as a business asset, not a filing exercise. We focus protection on what actually drives the value of your business and keep registration costs proportionate. We also put ownership and licensing in order early, so your IP is ready when investors, partners or buyers come looking. Where patents are relevant, we work with qualified patent attorneys.