Trademark registration: Banksy laughs last and longest

The EUIPO Board of Appeal has declared the validity of a trademark containing the well known work of the graffiti artist Banksy ‘Laugh Now But One Day We’ll Be In Charge’, having deemed that it was not registered in bad faith. In recent years, the EUIPO Cancellation Division has decided to invalidate several trademarks by […]

Added matter as a ground for revocation of a patent

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. This ground for revocation, which has not been explored a great deal in the past, has been […]

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) […]

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 […]

New setback for DABUS: An artificial intelligence system cannot be an inventor

Both the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have refused the first patent applications designating an artificial intelligence (AI) system, called DABUS, as an inventor, considering that only a natural person can be an inventor. DABUS (device and method for the autonomous bootstrapping of unified sentience) is an artificial […]