New criteria for protecting three-dimensional trademarks

It is not always easy to determine the minimum threshold for distinctiveness when protecting a three-dimensional trademark. Given the disparate criteria applied by European justice in this matter, and with a view to providing a joint solution to the issue, a guide for Common Practice has been issued for the procedures that were put in […]

COVID-19 and the compulsory licensing of patents

In the context of the COVID-19 pandemic, countries may review their internal legislation on compulsory licensing of patents for medical products so that it can be granted smoothly and speedily, in case it does become a necessity. As the world eagerly awaits any and all developments in therapeutics and vaccines to treat and prevent COVID-19, […]

Dispute regarding the European registration of the trademark ‘Neymar’: beating them all to it doesn’t always count

In the race for ownership of a trademark, the principles of loyalty and business ethics prevail over the ‘first to file rule’ according to which whoever gets there first and is the quickest to register the mark holds exclusive rights. We look at the ‘Neymar’ case, in which bad faith in registering the trademark led […]

How do you protect a website?

Nowadays it seems that if you don’t appear on the Internet, you don’t exist. For this reason, many companies invest a great deal of money and effort in creating an attractive website that grabs users’ attention and which has good usability features. The investment made in achieving those objectives is substantial and it is therefore […]

Siege against online searches for fakes

Google has set up a new option to avoid finding sites offering counterfeit goods, allowing users to request that it review and take down sites selling counterfeit goods. This measure may prove to be very effective in preventing the visibility of sites that profit from selling fakes. You need to fill out a form provided […]

My product was copied and I haven’t registered it.. .. Is there anything I can do?

The Unfair Competition Law establishes the possibility of taking action against copying or imitation in specific circumstances, namely, when the creations are covered by an exclusive right, when there is risk of association, or if they would be taking unfair advantage of a third party’s reputation or efforts, when this is avoidable. These days, when […]

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