Category: Intellectual Property
When a lack of technical legal rigor turns out expensive: patent invalidation and legal costs due to recklessness in the FREENOW case
Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-reasoned analysis in intellectual property lawsuits and serve as a reminder that abuse […]
How do you obtain protection of geographical indications for craft and industrial products?
EU Regulation 2023/2411 on geographical indications is now a reality. Up until now protection had been limited to agricultural products and wines, but the new regulation extends this protection to crafts and industrial products linked to traditional regional skills. Through a two-phase registration procedure, unified protection is guaranteed throughout the EU. When we wrote our […]
Does satire have limits?
A recent judgment by the Supreme Court concludes that a satirical thread on X (formerly Twitter) about a public figure is protected by freedom of artistic creation. Satire is an artistic genre with a long tradition in Spanish culture. Despite this, it is a form of expression that has never been devoid of controversy in […]
Mandatory prior negotiation: a new opportunity in intellectual property conflicts
Organic Law 1/2025, of 2 January 2025, on efficiency measures for the public justice service, promotes the use of alternative dispute resolution mechanisms in intellectual property disputes by introducing prior negotiation between the parties as a new procedural admissibility requirement. Avoiding the judicialization of conflicts is the primary goal of the lawyer. However, the use […]
Are commercial uses of works of art in the public domain legal?: a look at the Italian case
Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject. Art is present in every facet of our lives. It is no longer confined to […]
Striking a balance between transparency and intellectual property rights in the Artificial Intelligence Regulation is not an easy task
The European regulation requires transparency about the content used in training in order to protect third-party intellectual property rights. The aim is to facilitate this protection by increasing transparency while at the same time enabling AI systems providers to protect their own intellectual property rights and trade secrets. Although intellectual property is not the main […]