Category: Intellectual Property
Compliment or intrusion: Can my image be used (as an accessory) in a news item or documentary?
At a time when videos and images are everywhere, we reflect on the so-called “images as accessories”: shots of anonymous individuals that are used to illustrate news articles or to put together documentaries and non-fiction programs. The consent of the person shown is not required to use these images (often taken from archives) when such […]
Portugal strengthens copyright protection on the Internet
The tension between freedom of expression and copyright protection has lately been one of the hottest topics in EU and Portuguese copyright laws. Nobody questions the fact that IP laws need to be enforced on the internet. However, at times, excessive intervention can have a negative impact on users’ freedom of expression and information, since […]
Happy Pills vs Molagominola: The Supreme Court rules that unfair competition has not taken place
The Supreme Court has addressed a case that brings to light the restrictive application of the Unfair Competition Law in scenarios involving the potential imitation of similar products. On June 25, 2021, the Civil Chamber of the Supreme Court dismissed the appeal filed by Happy Pills, S.L against Fresh & Good, S.L (Molagominola) and FNAC, […]
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 […]
ESG and SDG, the two must-know acronyms that can improve your company’s reputation
This week marks the sixth anniversary of the Sustainable Development Goals (SDG), a call to action to end poverty, protect the planet, and ensure that by 2030 all people enjoy peace and prosperity. For any companies that have not yet started working toward these goals…now is the time! Not only will it help build […]
Data libraries are not eligible for protection as computer programs
A judgment handed down by the Barcelona Provincial Appellate Court on April 7, 2021 sheds more light on the scope of protection of computer programs by clarifying that data libraries included in programs are not eligible for protection as part of the programs but rather, where applicable, must seek the protection afforded to databases […]