Blog
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 […]
FRAND licensing: the conciliation procedure proposed by the European Parliament in connection with SEP patents
Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. If approved, the SEP Regulation could save holders and users both time and money. Disputes between proprietors of patents that incorporate standardized SEP technology (such as 4G, 5G, Wi-Fi, HEVC or AVC) […]
The memory of Pablo Escobar casts a shadow over Europe: EU trademarks as a reflection of moral principles.
A recent judgment of the General Court of the European Union sheds light on the interpretation and application of the concepts of public policy and morality resulting from a trademark application for “Pablo Escobar” In the annals of criminal history few names are as conspicuous and compelling as that of Pablo Escobar, the infamous Colombian […]
The Supreme Court confirms that a third party may not use the ZARA trademark.
The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. A recent judgment from the Supreme Court has condemned Buongiorno for reproducing the ZARA trademark on a gift card offered as […]
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, […]
Debunking ‘green sheen’: the new rules on environmental claims
The new EU Directive seeks to put an end to greenwashing and early obsolescence practices. The majority of the obligations it lays down are already punishable through existing unfair competition regulations. However, the new EU greenwashing directive fills certain legal voids. The Greenwashing Directive puts down in black and white what we already knew: do […]