Tag: intellectual property
Atresmedia versus AGEDI-AIE: Are artists and their labels entitled to equitable remuneration for the use of their music on television?
The Court of Justice of the European Union (CJEU) has ruled that artists and their record labels are not entitled to charge equitable remuneration for the communication to the public of synchronized songs incorporated in audiovisual works. The judgement of November 18, 2020 (case C-147/19) has curbed the intentions of the Spanish collecting societies AGEDI […]
Artificial intelligence and intellectual property: The European Union takes a stance
The initiatives that the European Parliament is implementing in relation to artificial intelligence, include a report on intellectual property rights for the development of artificial intelligence technologies. This document leans towards recognizing that a creation generated by artificial intelligence can constitute a work, bearing in mind the creative result rather than the creative process. According […]
E-commerce, intellectual property rights & COVID-19: the survival of the fittest
Fear of COVID-19 has impacted people’s habits and behaviors, which turn more frequently to the online world where they are able to find a safe harbor in these troubled times. This has prompted suppliers of goods and services’ providers worldwide to establish e-commerce stores and to update their terms and conditions, to revamp their advertising […]
The key to patenting software: first solve the problem, then write the code
The Spanish legal system does not consider computer programs to be inventions as such, so that, in itself, software is not patentable. However, inventions implemented using a computer, this is, computer programs that solve a technical problem can be registered as patents. Therefore, the key to registration is the ability to demonstrate that executing the […]
During lockdown applications for utility models to stop viruses grew in Spain
During the state of emergency, at least 110 applications for utility models were filed for products related to the fight against the pandemic. For individuals and small and medium-sized companies, utility models are an attractive way of protecting rights given the speed at which such applications are processed. The COVID-19 crisis led Spain to declare […]
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 […]