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For these same season, on previous occasions, we have addressed in several articles the topic of seasonal shopping with all its meanings, both from the perspective of distinctive signs and the use of commonly used names; e-commerce, when it started to become a trend; and how commercial strategies related to intellectual property aspects. We know that, just as this article is published, we will be starting or already on peak of the main season for many businesses.

What has changed this time? Perhaps in the first place, the accelerated migration towards digital environments, which the situation experienced throughout this year forced the different industries to carry out, the need to recover business lost or not carried out during the quarantines decreed; and last but not least, the emergence of new ventures that this same reality has forced, due to different circumstances. Many assure that, although it returned to “normal”, the way of interacting between businesses and consumers has taken a turn from which there will no longer be a return, and that it will have to evolve to new modalities.

And in these times, we have found that the digitization of businesses occurred in many cases with the haste not to lose market, not to be outmatched by competitors who were also doing it; and in many other cases for surviving and ensuring the permanence of the business, which makes it important to carry out a review to ensure that all legal aspects are being complied with that previously, with such care, were verified in the physical environment, without assuming that these ceased to exist because they had moved to digital.

Within our professional practice, mainly focused on the management of Intellectual and Industrial Property assets, we have recently encountered situations where ventures, or new existing business lines, did not protect their distinctive signs or their creative arts, because the project could not wait for legal procedures, which is why it becomes extremely important to verify that these signs and creations are not only properly protected, but also that third party rights are not being infringed. Even this verification must be carried out from the most basic tools of the business, such as the domain that was acquired for its start-up.

On the other hand, and diving in the field of E-Commerce, in some cases the terms and conditions were not developed in detail and in a personalized way, which we have repeatedly mentioned that it is not a good idea to “copy and paste ” those used in businesses that often have no relationship with what we are doing. It also happens that they have been placed, but there is no evidence or connection that these have been accepted by the consumer, which in some cases could have the same effect as if they were not.

Not to leave aside, are other legal aspects that have to do with the processing of personal data, consumer rights, cybersecurity and legislation on computer crimes and other regulations that could be developed in trade laws and electronic signature, topics in which we will not discuss further in this opportunity, but they are highly recommended to review.

The digital environment is the same or even more rigorous to review the legal aspects of  businesses, because as we have mentioned in several forums, intangible assets, which are the cornerstone of businesses, today are circulating more fluidly and in areas much broader than traditionally and we must know how to manage them in that universe of possibilities, where making mistakes and exposing assets is a luxury that we cannot and do not want to give ourselves in.

Julio Vargas Solano
Managing Partner
García & Bodán
El Salvador