Publications - Intellectual Property
Are commercial uses of works of art in the public domain legal?: a look at the Italian case
Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject.
Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task
The European regulation requires transparency about the content used in training in order to protect third-party intellectual property rights. The aim is to facilitate this protection by increasing transparency while at the same time enabling AI…
Peru sets a limit of five years on rights in a well-known trademark
For the first time, Peru has established a time restraint on the continuing recognition of a well-known trademark. The Indecopi has determined that the term within which a titleholder may invoke the rights inherent in that reputation is five years…
FRAND licensing: the conciliation procedure proposed by the European Parliament in connection with SEP patents
Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. If approved, the SEP Regulation could save holders and users both time and money.
The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar”.
The Supreme Court confirms that a third party may not use the ZARA trademark
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages.
The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as…
Debunking ‘green sheen’: the new rules on environmental claims
La nueva Directiva europea sobre ‘greenwashing’ o blanqueo ecológico busca acabar con la ecoimpostura y la obsolescencia temprana. La mayoría de las obligaciones que establece ya son sancionables a través de las normas existentes en materia de…
“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material
A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally.
SEP Regulation: the draft regulation concerning the licensing of standard essential patents takes a significant step towards becoming law
The European Parliament has approved the Regulation on Standard Essential Patents, whose main objective is to facilitate the licensing of these patents on fair, reasonable, and non-discriminatory terms. The text must be still approved by the…
Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks.
2024: main new legislation needing to be considered by companies in Spain
Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year.