Category: Intellectual Property
The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case
The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law. The world of fashion design, in which aesthetics are woven into practicality, […]
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 […]
The Portuguese Government completes the transposition of the new European Copyright Directive
Notable new aspects of the law include the right granted to press publishers to authorize or prohibit the online use of their publications and that online content-sharing service providers are considered to perform an act of communication to the public or an act of making available to the public when they give the public access […]
Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?
Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. It is common knowledge that using a trademark, a patent or a design of another business may cause […]
Deep fakes: the media and the legal system is under threat
The exponential increase in the use of artificial intelligence (AI) to generate audiovisual content is forcing us to re-think the risks involved in the proliferation of deepfakes. The quality of this synthetic content is such that it can generate situations or conversations that never existed, blurring the line between real and make believe, just like […]
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 […]