Where’s my world trademark?

No. Unfortunately the following article will not be announcing a new global trademark affording worldwide protection to goods and services. No such thing exists, nor is anything like it expected any time soon. The territoriality principle governs, and will continue to govern, intellectual property rights at international level. That is, trademarks will continue to be […]

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Literature in film: the right to transformation, inspiration or parody?

With the current boom in Spain’s audiovisual industry, we look at film adaptations of literary works and the right to transformation enshrined in Spanish intellectual property law. It is an issue that is by no means free from controversy and has, on occasion, even led to moral damages being awarded to an author when it […]

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The CJEU does not require to disclosing users’ IP addresses

The Court of Justice of the European Union (CJEU) has concluded in a recent judgment, that the Directive on the enforcement of intellectual property rights (2004) does not oblige the courts of member States to disclose the IP address or telephone number of users that upload unauthorized content. However, the CJEU leaves sufficient margin for […]

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Intellectual property in the Andes region: how trademarks are protected in Bolivia, Colombia, Ecuador and Peru.

The Common Industrial Property Regime of the Andean Community (CAN) to which Bolivia, Colombia, Ecuador, and Peru belong, provides a series of advantages to applicants filing trademark applications or holding trademarks in any of those countries. In addition to the various methods for obtaining protection of trademarks that enable the holder to benefit from systems […]

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How to protect innovation in the cosmetics industry: patents, utility models or trade secrets?

The cosmetics industry in Spain is a clear example of innovation and competition. According to the Spanish Cosmetics, Toiletries and Perfumery Association (STANPA), Spain generates around 36% of the industry’s European patents. Companies in this field invest between 3.4% and 5% of their turnover in R+D+i, a percentage that is well above that of other […]

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Further setback for the cosmetic industry regarding protection of personal hygiene products

A recent decision of the Examination Division of the European Patent Office has highlighted the importance of the need for creativity when drafting patents in the cosmetic sector in order to circumvent the prohibition on patenting methods of use for this type of product. The cosmetic industry, which includes personal hygiene products, is one of […]

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