BERDAGUER, Javier
Lawyer
Partner
T (598) 2902 1515 ext. 313
F (598) 2902 5454
 

Javier Berdaguer leads the area of ​​Intellectual Property of our Law Firm and has more than 10 years of experience in the field. Although he has practiced in all intellectual property fields and matters, his major specialization is in the area ​​of copyright, software and image rights (right of privacy and right of publicity). He has been recognized for his IP law practice by international publications such as Latin Lawyer.

Javier also has vast experience in the area of ​​Corporate and Banking Law. He has more than 15 years of practice in corporate law, counseling companies in varied range of industries in their day to day activities, and also in different kinds of mergers and acquisitions processes. He has been recognized in his corporate law practice by international publications such as "Chambers & Partners" and "Legal 500".

He assists entrepreneurs giving advice as an expert in corporate law and intellectual property and Co-leads  the “Smart up”  program of our firm, which offers tailor made services to  startups and entrepreneurs  in order to support their business kick -off, development  and eventual success of their businesses (venture capital, capital increases, etc.). He is permanently involved in the entrepreneurial ecosystem activities and events.

Work highlights

  • Advised in the advance planning of IPOs and the initial public offerings in stock exchanges regarding several IPO of financial trusts in different areas, such as medical care centers (Casa de Galicia Trust Fund for 150,000,000 Uruguayan Indexed Units, December 2012), agriculture (Fideicomiso Financiero Tierras del Litoral, for US$ 50,000,000, September 2018 and Fideicomiso Financiero Fondo de Tierras Uruguay I, for US$ 52,000,000, April 2013), forestry (Fideicomiso Financiero Forestal Terraligna, for US$ 60,450,000, and Fideicomiso Financiero Forestal Montes del Este for US$ 56,500,000, June 2014) and Real Estate development  (Fideicomiso Finaciero Península Rentals, for US$ 57.000.000, July 2017).

  • Advised the players of the Uruguayan national soccer team as well as players of local clubs in issues related to professional image rights.

  • Advised the TMF Trust acting as a guarantee agent in various financial operations (Atlas, Cledinor, La Jacinta, Enjoy, Casablanca, Campo Palomas, Gildemeister, among others). 

  • Advises the main national fiction author, Diego Fischer, on subjects related to his copy rights.

Academic Activity

He is a Professor (Grade 3) of Civil Law in the Faculty of Law of the University of the Republic, and is in charge of the course of two different courses: obligations and contracts and Civil Liability. He is a founding member of the Society of Legal Analysis (SAJ) and Co-Coordinator of the jurisprudence section of the Journal of Doctrine and Jurisprudence in Civil Law, currently headed by Prof. Emeritus Dr. Jorge Gamarra. He has postgraduate studies in Business Law at the University of Montevideo.

In 2009, he obtained a Master's Degree in Intellectual Property from the Carlos III University of Madrid, being awarded with a half scholarship for having obtained the best qualification of his generation and the second highest note of all the editions of the said Degree. His thesis on "Collective Work and Copyright" was chosen by the prestigious La Ley / Wolters Kluwer of Spain to be published in Madrid in 2010 (393 pp.). He is a member of the Inter-American Copyright Institute (IIDA). 

Publications

He has published scholar papers and carried out commentaries on jurisprudence in various legal journals, mainly on issues related to civil tort law, copyright and image rights. Among them, he is an author of the following recent papers: "The Architect's Copyright" (2019), "The right to one’s image as personal data" (2018), "The use of image for advertising purposes and the regime of free publications" (2015), "Protection of television format through copyright” (2015), "Leasing Agreements" (2014), "Illegitimate Intrusion in Image Rights: Compensation for Damages and Civil Penalty” (2014), "The Standard of the Average Consumer in Misleading Advertising" (2013), "Characteristics of the commission of intellectual works" (2012), "Use of the image for informative purposes" (2012), and "Collective Works and Copyright" (2010).

 
Professional experience abroad
He worked in the area of Intellectual Property of Uría Méndez Law Firm - Madrid, Spain (2009-2010).
Languages
 

Spanish, English.