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. 

  • 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…

  • 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…

  • 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.

  • One of the last pending regulations for the development of the General Audiovisual Communications Act is submitted to public hearing

    The Ministry of Economic Affairs has published today (here) the draft royal decree regulating the requirements for being considered a “special interest user”. This regulation is subject to a public hearing. Interested parties may submit their…

  • Generative AI: Can data models be protected?

    Data models, which are the “brain” of artificial intelligence systems cannot be protected under intellectual property law. In principle, they are not patentable either, but they could perhaps be protected as trade secrets. Let’s take a look at what…

  • The European Union's role guarding fundamental rights in the artificial intelligence framework: ‘nulla IA sine ethica et sine lege’

    The European Union has taken the lead with a proposal of regulation for AI, that encourages better conditions for the development and use of this technology. The key will be to achieve a regulatory framework that strikes the balance between…

  • Spain: New Regulation of the Intellectual Property Registry giving preference to electronic registration of works approved

    Although the registration of a work in a register does not attribute copyright thereto, doing so can be a safeguard against possible infringements.

  • Standard essential patents and FRAND licensing: publication by the EC of the proposal for a regulation puts the EUIPO in the spotlight for the development of IoT

    The European Commission has presented a proposal for a regulation that aims to promote the transparency and predictability of licensing of standard essential patents (SEPs) and that will promote the development, among other areas, of the Internet of…