Senior Partners: Arturo De Sola L, John R Pate, Irene De Sola L, Richard N Brown
Junior Partners: Carlos Bachrich N, María Quintero, José Gutiérrez R, Lorena Mingarelli L
Numbers of lawyers: 16
Numbers of partners: 8
De Sola Pate & Brown is a law firm based in Caracas, Venezuela, established in 1944. The firm has significant experience in most business fields and primarily works in the commercial, corporate and intellectual property law areas, with particular strengths in the fields of intellectual property matters, including trademark and patent prosecution and litigation, copyright, and domain names disputes; foreign investment; technology licensing; franchising; international and domestic banking and finance; major contract negotiations; employment; commercial litigation and arbitration; aviation; telecommunications; and e-commerce, among others. The firm has a strong international orientation.
Main Areas of Practice:
The firm is recognised as one of Venezuela’s leading intellectual property law firms. About half of the firm’s attorneys are dedicated to the intellectual property field, including trademark and patent prosecution, enforcement and licensing matters; likewise, the litigation department has accumulated considerable experience in the defense of intellectual property rights. Consequently, the firm’s intellectual property department is active in all areas of patent, trademark, domain name and copyright protection, but also including all related aspects. The firm has successfully defended the interests of its clients in various landmark cases. Among others, the firm successfully handled the first Venezuelan WIPO arbitration, defending against the infringement of a Venezuelan Internet domain name. The firm has also pioneered such innovative concepts as co-ownership and co-licensing of intellectual properties.
Corporate & Business Law:
De Sola Pate & Brown deals with all aspects of corporate law, including the incorporation and structuring of all types of companies, partnerships and nonprofit organisations, as well as project finance, mergers and acquisitions, bankruptcy proceedings and related matters. The firm also provides certain managerial and commercial consulting services, particularly in the area of strategic planning for foreign companies with activities in Venezuela.
The firm has been involved in numerous commercial and private aircraft financing and leasing transactions, as well as in a variety of regulatory matters. De Sola Pate & Brown enjoys an international reputation in this area and is a member of the L2B Aviation Group, an international network of law firms specialised in the aviation field.
Foreign Investment: Exchange Controls:
The firm has considerable experience in all phases of foreign investment and technology licensing matters, including with respect to advising clients as to planning, designing and implementing strategic alternatives for undertaking business ventures in Venezuela.
In the area of taxation the firm primarily specialises in national and international tax planning. The firm also works closely with the major accounting firms established in Venezuela.
Commercial & Contract Negotiations, Distribution & Representation:
The firm has developed a particular expertise in the preparation and negotiation of complex commercial relationships and contractual documentation, both independently and in conjunction with major international firms.
Trade & Integration:
The firm has experience in most legal aspects of international trade transactions, including contract preparation, customs matters, export regulations and incentives, shipping and insurance practices, among others.
The firm has experience regarding the legal aspects of public issues of securities, including bonds and other debt instruments, in Venezuela’s fledgling capital market. Also, the firm has represented Venezuelan companies in connection with the issuance of ADR´s abroad.
Litigation & Dispute Resolution:
The firm has an extensive litigation practice and historically De Sola Pate & Brown is one of the firms with a largely international clientele that has been most active in litigation. The firm has often been on the leading edge of the law in terms of establishing new jurisprudence. The litigation department has been particularly involved in intellectual property and employment law litigation successfully defending clients before the different Venezuelan courts, including the Supreme Court.
Employment & Related Social Norms:
The firm is active in the areas of administrative proceedings and litigation, at all levels, in relation to employment law matters. The firm also has considerable experience in designing and implementing innovative onshore/offshore executive compensation and pension plans.
De Sola Pate & Brown has developed a highly regarded administrative litigation group, particularly related to the defense of intellectual property rights. Additionally, the firm engages in administrative litigation in most other regulatory areas.
Antitrust & Consumer Protection:
The firm has long counseled clients with respect antitrust concepts and has had some singular successes in the courts in winning cases involving areas of unfair trade practices. In connection with consumer protection, the firm is active in advising as to best practices in this area, in addition to defending against alleged violations.
De Sola Pate & Brown has board experience in the telecommunications field, including administrative and regulatory issues before the National Telecommunications Commission (CONATEL); the assignment, modification and settlement of disputes regarding concessions; and dealing with general commercial matters involving the sector.
English, French, Hungarian, Italian, Portuguese, Spanish
The firm’s clients consist primarily of major Venezuelan and international corporations with business activities in Venezuela. A list of representative clients, by sector, can be provided upon request.