Category: Intellectual Property
New genomic techniques (NGT): the new European framework for plant innovation
A new regulatory framework has commenced for new genomic techniques and is set to transform plant innovation in Europe. Beyond the opportunities to develop more competitive and sustainable varieties, the sector must prepare for significant implications regarding intellectual property, licensing, and market access. Regulation (EU) 2026/1388 now has a date: it entered into force on […]
Beyond memes: the CJEU finally defines the boundaries of the concept of pastiche as a limitation on copyright
In its Pelham judgment, the CJEU sets out, for the first time, the concept of “pastiche” as an autonomous limitation to copyright, clarifying its essential aspects and reinforcing artistic freedom in the use of existing works. Last April 14, the Court of Justice of the European Union (CJEU) issued a judgment in the so-called “Pelham […]
Use it or lose it: Madrid Provincial Appellate Court confirms the partial revocation of the Spanish Olympic Committee’s trademarks for non-use
The Madrid Court confirms the partial revocation of several trademarks of the Spanish Olympic Committee due to non-use. The judgment underscores that neither reputation nor sector-specific protection can replace genuine use: without actual commercial use a trademark is lost. Panel 32 of the Madrid Provincial Appellate Court has confirmed, through six judgments dated October 29 […]
Roncato: When a coexistence agreement redefines the rules of a trademark conflict
The Spanish Supreme Court has brought to an end the trademark dispute between the two branches of the Italian Roncato family, a leading name in the luggage sector. The companies, Valigeria Roncato and Baulificio Italiano, will continue to use the surname “Roncato” in their respective trademarks, in accordance with the coexistence agreement signed in 1996. […]
“The show must go on”… but with a license: the scope of musical synchronization
The Provincial Court of Madrid, in its judgment of May 16, 2025, confirmed a highly relevant criterion for the audiovisual sector: what should be understood as the synchronization of a musical work in an audiovisual production and why this act requires the specific authorization of the rights holder. It all began in 2020, in the […]
EUIPO changes its approach: beer is not always similar to alcoholic beverages
Existing case law had long supported the similarity between beer in class 32 and alcoholic beverages in class 33. However, a recent shift in case law must now be taken into account when assessing oppositions against class 33 trademarks at EUIPO based on earlier marks covering beer, even though both categories consist of drinks containing […]