A blow to image rights?: the Supreme Court rules on the protection of the personality rights of deceased celebrities
The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. A judgment by the Supreme Court (Civil Chamber) of June 16, 2022 (see […]read more
Influencers, bullfighting, deepfakes, AI, biopics… the Garrigues IP Blog celebrates its first birthday, covering all the hot topics.
It’s the first anniversary of the Garrigues IP Blog. An orbit around the sun full of new developments, trends and reflections on intellectual property, with the analysis of our professional experts on the subject. During this period we have been able to count on the unwavering support of our readers and subscribers to our […]read more
Beauty filters on Instagram are in the spotlight: are they misleading?
While 2020 brought a wealth of developments in relation to the regulation of influencer advertising (see here) and the mandatory use of the hashtag #publi when it is not obvious that the message is advertising (see here), the goalpost has been moved even further in 2021. The Advertising Standards Authority (ASA) – the British equivalent […]read more
New measures for digital advertising of medicines in the 2021 Farmaindustria Code
On January 1, a new version of the Farmaindustria Code, will enter into force, replacing the current version, issued in 2016. This post aims to highlight the most striking innovations in terms of promoting prescription medicines in a digital environment, including advertising on social networks. The Pharmaceutical Industry Code of Best Practices (the Farmaindustria Code) […]read more
‘My product is better than yours’: is it lawful to use third party’s trademarks to advertise your own products or services?
Although the use of a third party’s trademarks for advertising purposes involves certain risks, legislation allows it provided that it is in the context of fair play and bearing in mind certain limitations for which it is always advisable to obtain sound legal advice. An ad for a sports car: at the top the phrase […]read more
The Influencers’ Code of Conduct comes into force on January 1, 2021: are you aware of your obligations?
Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. It clarifies doubts about ‘safe’ labels such as “ad” or “sponsored by”, when they should be used and the contractual obligations that members should follow. We summarize […]read more