Managing Partner

David Gómez

PROFESSIONAL CAREER:

David has been a practising lawyer since 2001 and partner at BAYLOS since 2012. He previously worked at different law firms, as well as at Max-Planck Institute for Innovation and Competition (Munich).
He represents both national and international clients in all industrial and intellectual property matters, as well as those relating to advertising, unfair competition, new technologies and related areas, both in civil and criminal litigation and strategic and contractual advice (licences, franchises, distribution, agency, etc). Over the last few years, he has been involved in major litigations in almost all business sectors, including aeronautic, energy, pharmaceutical, fashion, jewellery, spirits and soft drinks, telecommunications, audiovisual and media, transport and distribution, textile, perfumes, music, engineering, architecture, publishing, luxury goods and Premium brands, etc. He has extensive experience in participating and coordinating global litigations, both on a national and international scale, including before the Court of Justice of the European Union.

EDUCATION:

  • Bachelor’s degree in Law from the Complutense University of Madrid (2000), completing part of his studies at the University of Freiburg (1999).

  • Master’s in Private Law from the Madrid Bar Association (2001).

  • PhD in Law from the University of Alcalá de Henares (2010), with a unanimous summa cum laude from the Tribunal, presided by Prof. Dr. Carlos Fernández-Novoa and led by Prof. Dr. José Manuel Otero Lastres, where doctoral dissertation was prepared as part of a research project at the Max-Planck Institute for Innovation and Competition (2006-2009, Munich).

We can also highlight his participation as Junior Consultant of the IPR2 Project at the European Patent Office (2008/2009); World Intellectual Property Office Programme “Summer School on Intellectual Property” (2006); and the Diploma in Forensic Biology and Law from the Faculty of Medicine at the Complutense University of Madrid (1997/1998).

ASSOCIATIONS:

  • Member of the Spanish Group of the AIPPI

  • Member of INTA

  • Member of the Madrid Bar Association

  • Member of the Max-Planck Institute Alumni Association

RECOGNITIONS:

For several years, David has been mentioned by the BEST LAWYERS directory in the area of industrial and intellectual property and litigation.

Certified by the National Agency for Quality Assessment and Accreditation (ANECA) as “PhD Assistant Professor”.

PUBLICATIONS:

Author of the case study Community trade mark infringement: problems of coexistence with national rights (Marcial Pons, Madrid, 2011); as well as a variety of articles, including notably, “Jurisdiction of the EU trade mark courts in Alicante to cumulatively understand the EU trade mark infringement actions and national industrial designs infringement actions” in Contentious Practise for lawyers 2018: the most relevant cases regarding litigation and arbitration in 2017 of the large law firms (La Ley, 2018, co-author); “Controlling perfume distribution by imposing traceability codes” in Contentious Practise for lawyers 2017: the most relevant cases regarding litigation and arbitration in 2016 of the large law firms (La Ley, 2017, co-author); “The legality of the extra-judicial notice to clients of a company in the field of unfair competition and exhaustion of patent rights” in Contentious Practise for lawyers 2016: the most relevant cases regarding litigation and arbitration in 2015 of the large law firms (La Ley, 2016, co-author); “Trade mark protection against lapse due to popularisation: preparing the evidence”, Journal Aranzadi Editorial (2016); “European trade mark right reform: main amendments introduced by the new European Union trade mark regulation” in the Centre for Research Development Studies - CEFI (2016); “Preventative measure supporting the restrictions to the free movement of goods in the domestic market due to industrial property protection” in Contentious Practise for lawyers 2015: the most relevant cases regarding litigation and arbitration in 2014 of the large law firms (La Ley, 2015, co-author); “Community protection of plant varieties: catalogue of legal actions against infringement” in Studies on Industrial and Intellectual Property, Collection of work commemorating the 50th anniversary (1963-2013) of the Spanish Group of the AIPPI (Barcelona, 2015); “Moving towards a new modification of the community trade mark system” in the 28th Conference of Study on Industrial and Intellectual Property of the AIPPI (Barcelona, 2013); “The regulations for determining the national law applicable to a community trade mark infringement: application of the Rome-II Regulation” in Acts of industrial property and copyright law (Volume 31, 2010-2011, Marcial Pons); “The notion of special reasons for not issuing a prohibition order and specific measures to ensure that the prohibition is complied with under Regulation (EC) no. 40/94” in European Law Reporter (2007, Luxembourg). He is also the author of the Roadmap “How to register and protect a community design” (European Commission, European Patent Office, EU-China Project, 2009).

TEACHING

  • Professor of Procedural Law at the Rey Juan Carlos University since 2009 (Madrid).

  • Regular speaker at different postgraduate and masters education programmes and specialisation courses. He has also been invited to participate in different conferences and seminars, for example those held by the Spanish Patent and Trademark Office (SPTO), European Union Intellectual Property Office (EUIPO), International Association for the Protection of Intellectual Property (AIPPI), National Association for the Defence of Trade Marks (ANDEMA), Leading Brands of Spain Forum, Max-Planck Institute for Innovation and Competition, Autonomous University of Madrid, Autonomous University of Barcelona, Rey Juan Carlos University, Madrid Bar Association, School of Legal Practice of the Complutense University, etc.

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