Intellectual Property
Television vs. Internet: The CJEU Clarifies Jurisdiction in International Defamation Cases
The CJEU judgment in Idziski clarifies the criteria for jurisdiction in defamation cases involving dissemination across multiple Member States. The ruling distinguishes between content broadcast on television and on the internet, confirms the territorial allocation of damages pursuant to the mosaic theory, limits recourse to the victim’s centre of interests to cases involving the internet (subject to the victim’s identification), and reserves actions for general rectification to courts having jurisdiction over the entirety of the harm.Limoges porcelain, Portuguese embroidery and Brittany granite: the first registrations of geographical indications for craft and industrial products
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 works to avoid falling behind.Beyond memes: the CJEU finally defines the boundaries of the concept of pastiche as a limitation on copyright
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.Use it or lose it: Madrid Provincial Appellate Court confirms the partial revocation of the Spanish Olympic Committee’s trademarks for non-use
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 commercial use a trademark is lost.Roncato: When a coexistence agreement redefines the rules of a trademark conflict
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 surname “Roncato” in their respective trademarks, in accordance with the coexistence agreement signed in 1996.Supplementary protection certificates in Europe: towards a unified system and the extension of biotech protection
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), creating a unitary supplementary protection certificate or extending protection by a further 12 months for some medicines developed using biotech processes and for advanced therapies.The Mafia no longer has a seat at the table: the OEPM follows in the EGC’s footsteps and invalidates the Spanish trademark
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 Court (EGC) to invalidate the European trademark in 2018.“The show must go on”… but with a license: the scope of musical synchronization
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 requires the specific authorization of the rights holder.AI and copyright: from ‘machine-readable’ to ‘machine-actionable’ in the opt-out from TDM: a question of vocabulary or technical governance?
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 that is interoperable and proportional.