Publications - Intellectual Property
The first geographical indications for craft and industrial products are now a reality in the EU. From Limoges porcelain to Portuguese embroidery, this new framework creates fresh opportunities, as Spain moves forward with its first applications and…
In its Pelham judgment, the CJEU sets out, for the first time, the concept of “pastiche” as an autonomous limitation to copyright, clarifying its essential aspects and reinforcing artistic freedom in the use of existing works.
The Madrid Court confirms the partial revocation of several trademarks of the Spanish Olympic Committee due to non-use. The judgment underscores that neither reputation nor sector-specific protection can replace genuine use: without actual…
The Spanish Supreme Court has brought to an end the trademark dispute between the two branches of the Italian Roncato family, a leading name in the luggage sector. The companies, Valigeria Roncato and Baulificio Italiano, will continue to use the…
The European regime on supplementary protection certificates could undergo a huge transformation. The EU has proposed measures such as introducing a centralized examination procedure at the European Union Intellectual Property Office (EUIPO),…
The Spanish Patents and Trademarks Office (OEPM) has declared the trademark “La Mafia se sienta a la mesa” invalid, deeming it contrary to public policy and accepted principles of morality based on the same criteria that led the European General…
The Provincial Court of Madrid, in its judgment of May 16, 2025, confirmed a highly relevant criterion for the audiovisual sector: what should be understood as the synchronization of a musical work in an audiovisual production and why this act…
Existing case law had long supported the similarity between beer in class 32 and alcoholic beverages in class 33. However, a recent shift in case law must now be taken into account when assessing oppositions against class 33 trademarks at EUIPO…
The debate regarding reservation of rights (opt-out) for AI training has shifted from principles to infrastructure. The German decision in the LAION case rekindles the key issue: how to turn ‘machine-readable’ into a ‘machine-actionable’ mechanism…
The recent ruling on the domain name “mezquitadecordoba.org” confirms a key idea for any business: a domain name – no matter how old – does not prevail over a registered trademark. The decision highlights the importance of having a solid strategy in…
Specialists from the different areas of practice of Garrigues in Mexico analyse, from all perspectives of business law, the main regulatory developments that will impact companies in the country this year.
In a case concerning the copyright protection of furniture designs, the Court revisits its settled case law on the originality requirement for the protection of utilitarian objects, while further delineating the relationship between copyright and…