Careful drafting of a license agreement is essential for ensuring a successful and mutually beneficial licensing partnership

Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear responsibilities and protections against misuse of the trademark. In the dynamic world of intellectual property (IP), trademark licensing has emerged as a […]

Cut! There’s a trademark there II: How to avoid surreptitious advertising or illicit product placement

In order for a product to feature lawfully in audiovisual media, the placement must not affect the editorial freedom of the service provider, must not directly encourage the purchase and must be correctly identified. Several years ago, we wrote about the major headaches faced by creative teams in the film industry when using third-party trademarks […]

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, […]

¿Son lícitos los usos comerciales de obras de arte en el dominio público?: especialidades del caso italiano

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

The European regulation requires transparency about the 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 […]

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) […]

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