Gaspar Zavala Álvarez

Founding Partner, Litigation Attorney

 

Education

Law Degree from the Universidad Anahuac del Sur (Class of 1988-1993); Professional License No. 2108520; Thesis: “The Lawsuit in Mexico related to Industrial Property”; Postgraduate Studies at the Universidad Panamericana (UP) on Criminal Law (1997), Procedural and Defense Law (2000), Commercial Law (2001), Civil Law (2002) and Administrative Law (2006); Certified Administrative Law Specialist License No. 5740177 recognized by the Ministry of Public Education in Mexico; “Criminal Law Degree (Specialist in Oral Trials within the -new- Adversarial System in Mexico) for the Escuela Libre de Derecho 2014–  2015, fitting his litigation abilities to perform through this new system  different avenues to positively impact the prosecution of counterfeiting and I.P. Unfair Competition practices.

 

Trials will be orally sustained rather than the long, costly and shady traditional written practice which did not give as this new one, practical alternatives to solve some type of criminal disputes and did not care much about the Human and the victim’s Rights. This new skill positively impacts the work of litigation in the area of Intellectual Property at Zavala Patmark, as it makes possible to this firm the representation of their clients’ interests and rights with the highest standard of responsibility and professional knowledge from the stage of a criminal investigation until the trial hearing, without prejudice of assessing the desirability of implementing any alternative solution or form of early termination of the criminal procedure, either by some compensation agreements; the conditional suspension of the criminal process, or; by way of summary procedure, in cases these could be deemed relevant, always seeking to have the damages properly repaired.

 

Given that the received training enables the specialist both: the ability to represent the victim or defendant within a criminal process, such gained skills allows him to an adhoc perspective when analyzing each case in a comprehensive manner.

 

The new system positively impacts the Industrial Property, among other things because it accurately takes care of a procedural equity and balance among the parties within the process’ hearings which are public and oral  and it also relies at all times in the principles of immediacy (which ensures the presence of the judge at all times); of contradiction (which generates a horizontal control between the parties allowing them to confront the evidence and oppose the requests and arguments of the opposite); concentration and continuity which aims are to take care of the hearings on the same day or consecutive days and carried continuously, successively and sequentially, rather than the traditional written method which was characterized for being long, murky and expensive almost with no practical alternatives to solve some types of criminal disputes, neither attended how it should have, full protection to human rights and the victim ones.

 

Thus this specialization generates added value in the attention and care of those litigious cases related to intellectual and industrial property which get into the hands of “ZP” professionals, as it shows the commitment of this firm to respond to their clients in cases whose significance even exceeds the scope of administrative litigation, being this lawyer capable to sustain a litigation case even before the most drastic form of expression of the laws.

 

Intellectual / Industrial Property Training

Studies in Industrial Property Rights Training Course for Management (2), accredited by the Japan Institute of Invention and Innovation (JIII), sponsoredby the Association for Overseas Technical Scholarship (AOTS); Studies in French Legislation, “Europes” in Industrial Property Matters, imparted by the National Institution of Industrial Property – France, Institut National de la Propriete Industrielle (INPI); Seminar on Retrospective Analysis of Penal Reforms In Industrial Property and Copyright Matters, sponsored by the Mexican Association for the Protection of Intellectual Property (AMPPI). Active in the field of Industrial Property Rights since 1991.

 

Professional Membership

Member of the Mexican Association for the Protection of Intellectual Property (AMPPI) and of the International Trademark Association (INTA). Continuous member for 15 years.

 

Experience

All matters of industrial property law (Patent, Utility Models, Design and Trademarks; prosecution and licensing); particularly with more than 22 years of experience in either nullity, caducity, cancellation and infringement litigation proceedings, mostly related to Intellectual Property, and also legal counsel, advocacy and representation associated with civil and criminal disputes resulting

from the violation to Intellectual Property Rights.

 

Languages

Spanish and English.