Blog
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, […]
Trade names as a protective tool in the event of subsequent trademark applications
Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. Although these assets are similar, their purpose is not identical, and this fact should be taken into consideration when designing an effective protective strategy to ensure that the rights in these signs are enforced in respect of […]
“Prior public use”: an effective ground for opposition against the grant of a European patent
The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we […]
Diversity IP: diversity also makes inroads in intellectual property
Fashion brands follow trends in society and growing awareness in favor of diversity is no different. Increasingly more trademarks are being registered for goods that either allude to diversity or which are directly linked to these new trends. It must be said that the Italian brand Benetton was the pioneer in backing inclusion with campaigns […]
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 […]