Author: Polina Shishkunova
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 […]
I was already like this before you got here: prior use as an exception to patent infringement
The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority […]
Scale models and intellectual property: does size matter?
Nothing is lost beforehand when it comes to defending intellectual property rights from small or large-scale reproductions of a product. The scope of protection and the scenarios in which you can enjoy such protection will depend on the type of IP rights on which you rely. Think for example of a handbag by a well-known […]
The key to patenting software: first solve the problem, then write the code
The Spanish legal system does not consider computer programs to be inventions as such, so that, in itself, software is not patentable. However, inventions implemented using a computer, this is, computer programs that solve a technical problem can be registered as patents. Therefore, the key to registration is the ability to demonstrate that executing the […]
Banksy case: registration of a trademark in bad faith and the price of anonymity
In a recent decision, the EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” for being filed in bad faith. The EUIPO ruled that at the time the application was filed, the artist had no intention of using the sign as a trademark and that he only used it subsequently to […]
360º Advertising: in the spotlight of the Competition Authority and the courts
The Spanish Competition Authority (CNMC) has set its focus on 360º marketing and already sanctioned several production companies for broadcasting undercover advertising. One of such sanctions was recently analysed by the Supreme Court, which confirmed the 324,000 euros fine that the CNMC had imposed on Mediaset for undercover advertising of parapharmaceutical products on the program […]