Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products

For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for […]

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Architecture and Intellectual Property: Is it possible to protect a building?

Architecture encompasses a range of disciplines. Design, functionality, technique and, at times, good taste, come into play to achieve a result that comprises all of these in one: the building. But who does the “work” belong to? Can you protect a building? Imagine (for a joyful moment) that you are the architect of your favorite […]

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Protection for Talavera pottery, Elche footwear or Albacete knives

An EU proposal for a regulation could help protect craft products and the qualities attributed to specific local skills and traditions. Talavera pottery, Elche footwear and Albacete knives are undoubtedly well-known the world over. The challenge now is to protect them on the register as geographical indications of craft and industrial products.  The EU specifically […]

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WIPO World Intellectual Property Indicators 2021: the pandemic did not stop intellectual property

The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report (WIPI Report 2021). In this article we will look at the main aspects of the document, which provides a detailed analysis of global trends in relation to filing, registration, validity and other aspects of intellectual property around the globe, as we did with […]

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Tradition has no shape: the protection of a design does not depend on the type of product in which it is incorporated

Simply applying the typical pattern of a “cachirulo” (traditional Aragonese bandana) on a different item of clothing does not confer individual character on the design Albeit still toned down due to the restrictions of the pandemic, the recent celebration of the festival of the Virgin of Pilar has given the inhabitants of Zaragoza the chance […]

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Coffee capsules, reels and vacuum cleaner bags:  Can you protect the industrial design of components?

In a recent decision, the European Union Intellectual Property Office (EUIPO) analyzed a case involving replacement vacuum cleaner bags and their protection as industrial property. Whether or not these types of products or components can be protected as industrial designs must be addressed case by case. The legal protection of industrial designs mainly covers aesthetics, […]

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