Arosemena Burbano & Asociados
Founded on 26 April 2007 – World Intellectual Property Day – by Flavio Arosemena Burbano, Arosemena Burbano & Asociados (AB&A) represents a diversity of clients, including software producers, music labels, universities, radio and TV stations, supermarkets, creative agencies, inventors, football clubs, audiovisual producers, film directors, actors and designers.
The first of its kind in Guayaquil – Ecuador’s largest city and its economic capital – AB&A is known for its specialisation in and complete dedication to IP services, covering, among other things, the registration of trademarks, slogans, trade names, copyright, trade secrets and patents. The firm is also known for its important international practice, having registered IP assets in over 30 countries.
AB&A famously handled the trademark dispute between the Barcelona Football Club from Spain and the Ecuadorian Barcelona football team. The dispute ended with a coexistence agreement between one of the most popular football teams in the world and the most popular football team in Ecuador. More recently, AB&A represented the first IP misuse lawsuit filed under the new IP law, which – for the first time – gives judges the power to prevent and sanction misuse cases.
Another distinctive characteristic of AB&A is its IP valuation service, performed by a specialised team that includes holders of PhDs in valuation of intangible assets. The exclusive valuation method used includes, in addition to the financial and market aspects, a strong focus on the legal standing of the intangible asset – something that is key to determining an asset’s real value and nevertheless often neglected.
Franchise law is another of the firm’s strong practice areas, having represented both franchisors and franchisees. The promulgation of a new Code of Commerce in 2019 means that Ecuador has, for the first time, clear legal provisions regarding franchises.
In addition to Mr Arosemena Burbano, the legal team of AB&A includes Verónica Gómez, Ivonne Adum and David Santos, all lawyers fully specialised in IP law.
Mr Arosemena Burbano is one of the best-known IP attorneys in the country who has led the development of the IP field in Guayaquil through over 15 years of specialised practice.
Ms Gómez has degrees in both marketing and law, giving her a unique perspective and making her ideally qualified to handle copyright and trademark cases where creative agencies are involved, something increasingly common in the digital age. She also has an important practice handling international trademark registrations, coordinating a centralised operation all legal matters including priority rights and filing of oppositions or defending against them.
Prior to joining AB&A, Ms Adum run a successful business as a personal franchisee of an international brand, giving her both a legal and a business perspective on franchise law matters. In addition to heading the franchise law practice for the firm, Ms Adum also leads the entertainment law division, which acts on behalf of some of the most famous and successful Ecuadorian actors both in theatre and cinema.
Mr Santos has a strong focus on IP defence and vigilance, having handled trademark, patent and copyright disputes and reaching transactional or amicable agreements in most of them, avoiding years of litigation and costs for clients. Mr Santos also has a strong practice in trademark registration, including filing of oppositions or defences against them.