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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 from the date of its recognition by the competent authority. When this period has elapsed, […]
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. Art is present in every facet of our lives. It is no longer confined to […]
Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task
AI) 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 systems providers to protect their own intellectual property rights and trade secrets. Although intellectual property is not the main objective of the Artificial Intelligence Regulation […]
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. Disputes between proprietors of patents that incorporate standardized SEP technology (such as 4G, 5G, Wi-Fi, HEVC or AVC) […]
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” In the annals of criminal history few names are as conspicuous and compelling as that of Pablo Escobar, the infamous Colombian […]
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. A recent judgment from the Supreme Court has condemned Buongiorno for reproducing the ZARA trademark on a gift card offered as […]