Category: Intellectual Property
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 […]
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 […]