Blog
Trademark squatting: when your trademark already has an owner
The Spanish Patents and Trademarks Office (OEPM) has declared the Arturo’s trademark (related to food and accommodation services) invalid, after finding the application was filed in bad faith. The agency observed that the only reason for applying for registration of the trademark was to seek a ransom from the party the applicant believed to be […]
Patent litigation funding: a rising trend
Access to third-party funding is becoming a key tool for businesses with valuable patents and limited resources to be able to litigate on equal terms and promote innovation. Third-party litigation funding (TPF) has become a real alternative for startups and SME’s to be able to face the high costs that a lawsuit may involve and […]
Are you feeding your AI model properly?
Although the AI Act (Regulation 2024/1689) does not regulate copyright, it does recognize the existing tension between technology providers and content creators. Seeking a balance between these two forces, it provides for the implementation of opt-out mechanisms allowing the owners of protected works to stop them being used to train AI models, while also allowing […]
Exhaustion of trademark rights: is it all a question of proof?
In the field of industrial property, few questions generate as many disputes as the conflict between the exclusive rights of the proprietor of a trademark and the activities engaged in by so-called “parallel importers”. In this scenario, the crucial aspect is not so much the authenticity of the product, as the legitimacy of its marketing […]
Dupe influencers and the shadow of infringement: who is accountable?
“Dupe fever” has taken over social media, but it has also raised legal alarms. Influencers who promote low-cost products that try to resemble those of major luxury brands without mentioning the name of those brands or advertising agreements, are posing new legal challenges. Where can we draw the line between legitimate inspiration and unfair competition? […]
The Complex Protection of New Pharmaceutical Products in Mexico
The absence of specific regulations makes it difficult to defend the exclusivity period granted to pharmaceutical companies over the clinical trial results that allow new drugs to be brought to market. Pharmaceutical companies operating in Europe and the United States are very familiar with the concept of regulatory data exclusivity, which the European Medicines Agency […]