David Gómez














David Gómez

Managing Partner

Professional career

David is a practising lawyer since 2001 and partner at BAYLOS since 2012. He previously worked in different law firms, and also at Max-Planck Institute for Innovation and Competition (Munich).
He represents both national and international clients in all matters related to Intellectual Property Law, as well as Advertising, Competition Law, New Technologies and related rights, both within civil and criminal litigation and the strategic and contractual advice (licences, franchises, distribution, agency, etc). In the last years, he has participated in important litigations in almost all business sectors, including aeronautics, energy, pharmacy, fashion, jewelry, spirit beverages and soft drinks, telecommunications, audiovisual and press, transportation and distribution, textile, perfumes, music, engineering, architecture, publishing company, luxury products, Premium trademarks, etc. He has a wide experience in participating and coordinating global litigations, both at national and international level, including the Court of Justice of the European Union.

Education
  • Bachelor's Degree in Law by the Complutense University of Madrid (2000); he completed part of his studies in Friburg University (1999).
  • Master's Degree in Private Law by the Illustrious Professional Association of Lawyers in Madrid (2001).
  • PhD in Law by the Alcalá de Henares University (2010), with the mark Sobresaliente Cum Laude [Excellent] by unanimous approval of the Court, presided by Prof. Dr. Carlos Fernández-Novoa headed by Prof. Dr. José Manuel Otero Lastres; his thesis being part of a research project at the Max-Planck Institute for Innovation and Competition (2006-2009, Munich).

Additionally, his participation as Junior Consultant of the IPR2 Project at the European Patent Office (2008/2009); the WIPO Programme “Summer School on Intellectual Property” (2006); and the Diploma in Phorensic Biology and Law by the Faculty of Medicine at the Complutense University in Madrid (1997/1998).

Associations
  • Member of the AIPPI Spanish Group
  • Member of INTA
  • Member of the Ilustrious Professional Association of Lawyers in Madrid Member of the Max-Planck Institute Alumni Association
Awards

During several years, David has been mentioned by the BEST LAWYERS directory in the Intellectual Property and Litigation Area.

Accredited by the Spanish Agency for Quality Assessment and Accreditation (ANECA) as "Lecturer Assistant Doctor":

Publications

Author of the monograph Community Trademark Infringement: problems of coexistence with national legislations (Marcial Pons, Madrid, 2011); as well as different articles, highlighting the following: “Competence of EU Trademark Courts in Alicante in order to know, in a cumulative way, EU trademark infringement actions and national industrial designs infringements” in Contentious Practise for lawyers 2018: the most relevant cases on litigation and arbitration in 2017 of major law firms (La Ley, 2018, coautor); “The control in the distribution of parfums by imposing traceability codes" in Contentious Practise for lawyers 2017: the most relevant cases in litigation and arbitration in 2016 of major law firms (La Ley, 2017, coautor); “The legality of the out-of-court requirement to company clients in unfair competition law and exhaustion of patent right” in Contentious Practise for lawyers 2016: the most relevant cases on litigation and arbitration in 2015 of major law firms (La Ley, 2016, coautor); “Trademark protection against revocation for lack of distinctive character: preparing the evidence”, Revista Aranzadi Editorial (2016); “The reform of trademark European law: main amendments introduced by the new Trademark Regulation of the European Union” in Centro de Estudios para el Fomento de la Investigación - CEFI (2016); “Precautionary Measure supporting the Restriction to Free Circulation of Goods in the Interior Market Due to IP Protection” in Contentious Practise for lawyers 2015: the most relevant cases on litigation and arbitration in 2014 of major law firms (La Ley, 2015, co-author); “The community protection of Plant Varieties: catalogue of legal actions against infringement” in Studies on Intellectual Property Rights, Collection of Works on the occasion of the 50th Anniversary (1963-2013) of the Spanish AIPPI Group (Barcelona, 2015); “Towards a new reform of the Community Trademark System” in 28th Conferences on IP Studies at AIPPI (Barcelona, 2013); “Rules to determine the national applicable law against a community trademark infringement: applying Rome-II

Regulation” in Proceedings of Industrial Law and Copyright (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” en European Law Reporter (2007, Luxembourg). He is also author of Roadmap “How to register and protect a Community Design” (European Commission, European Patent Office, EU-China Project, 2009).

Teaching

Lecturer of Procedural Law at the King Juan Carlos University since 2009 (Madrid). Regular speaker in different postgraduate programmes, master's degrees and specialisation courses. He has also been invited to participate in several congresses and seminars, mentioning as an example, the following held at the Spanish Patent and Trademark Office (SPTO), the European Union Intellectual Property OffIce (EUIPO), the International Association for the Protection of Intellectual Property (AIPPI), the Spanish Association for the Defence of Trademarks (ANDEMA), Forum of Spanish Renowned Trademarks, Max-Planck Institute for Innovation and Competition, Autonomous University of Madrid, Autonomous University of Barcelona, King Juan Carlos University, Ilustrious Association of Lawyers of Madrid, School of Legal Practise at the Complutense University, etc.

Contact

Madrid Office
C/ José Lázaro Galdiano 6
28036, Madrid
Spain

d.gomez@baylos.com
+34 914 358 567

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Languages

Spanish
English
German