Blog
How to protect innovation in the cosmetics industry: patents, utility models or trade secrets?
The cosmetics industry in Spain is a clear example of innovation and competition. According to the Spanish Cosmetics, Toiletries and Perfumery Association (STANPA), Spain generates around 36% of the industry’s European patents. Companies in this field invest between 3.4% and 5% of their turnover in R+D+i, a percentage that is well above that of other […]
Further setback for the cosmetic industry regarding protection of personal hygiene products
A recent decision of the Examination Division of the European Patent Office has highlighted the importance of the need for creativity when drafting patents in the cosmetic sector in order to circumvent the prohibition on patenting methods of use for this type of product. The cosmetic industry, which includes personal hygiene products, is one of […]
The Fariña Saga. Be careful with confiscating publications: it can backfire.
The Madrid Provincial Appellate Court orders the mayor of O Grove to compensate the author and publisher for the damages caused by the seizure of the book ‘Fariña’ In 2016 Mr. Bea, former mayor of O Grove, sued the journalist Carretero and the publisher, Libros del KO, due to breach of his right to honor […]
‘Squeezamals’ case: At long last the CJEU will have to interpret the meaning of ‘disclosure’ of an unregistered design
The CJEU is due to answer a long-standing debate in connection with unregistered designs: What happens when the disclosure occurs outside the European Union? Does this prevent protection of the design because it lacks novelty? The protection of unregistered Community designs (UCD) in the European Union is a very useful industrial property right which is […]
Culture after COVID: four visions for four industries
The arts is one of the industries that has been hardest hit by the crisis. The Government has approved a Royal Decree-Law to offset the impact of the pandemic on the cultural industries, but limits on capacity and number of people will mark a before and after. What changes will each of the industries comprising the […]
Mandarins arrive in Luxembourg… the IP ‘case of the year 2020’
The NADORCOTT case (C-176/18) is one of the few matters that the Court of Justice of Justice of the European Union (TJUE) has addressed in connection with plant varieties. A little known right for many until quite recently, it commands a high level of legal sophistication and moves vast amounts of money. After almost a […]