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Movies and IP: Who has the last word on an audiovisual work?
Producing an audiovisual work is a complex process involving many people and can lead to numerous conflicts. However, Spanish law provides that it is up to the director and producer to decide on how it is ultimately released for public viewing. In the audiovisual industry, it is known as final cut privilege, i.e. the right […]
Can an advertising slogan function as a trademark?
The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark. One of the essential functions of a trademark is […]
Can the grant of a European patent be obtained by providing technical evidence that is not contained in the application?
The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. Article 52(1) of the European Patent Convention (EPC) provides that European patents shall be granted for […]
Fresh blow to counterfeiters: they will have to indemnify trademark owners for moral damage, even if they have not sold the counterfeit products
For the first time, the Supreme Court’s criminal chamber has upheld the existence of indemnifiable moral damage where there has been no actual sale of counterfeit products; an issue which, until now, has not escaped dispute. A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for […]
The Portuguese Government completes the transposition of the new European Copyright Directive
Notable new aspects of the law include the right granted to press publishers to authorize or prohibit the online use of their publications and that online content-sharing service providers are considered to perform an act of communication to the public or an act of making available to the public when they give the public access […]
Battle for gene editing: the US Appeals Court rules on CRISPR patents
The Danish company SNIPR Biome, which researches and develops CRISPR-based microbial gene therapy, has obtained a favorable decision in defense of its patents. The U.S. Court of Appeals for the Federal Circuit has overturned the decision of the PTAB which had ruled in favor of Rockefeller University and canceled five of the company’s patents on […]