Propiedad Industrial e Intelectual



  • 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 well as civil law.
  • Managing IP names Garrigues best copyright (Spain) and trademark disputes (Portugal) firm

    The partner João Miranda de Sousa was named Portugal Practitioner of the Year.
  • 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 competencia desleal. Sin embargo, la nueva normativa europea suple algunas lagunas legales.
  • 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 Member States.
  • The Global IP Awards name Garrigues Firm of the Year in Portugal

    The specialized publications Intellectual Asset Management (IAM) and World Trademark Review (WTR) have recognized the Garrigues IP team in Portugal for the second time.
  • 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 is the angle in Spain. 
  • 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.