For the first time, Peru has established a time restraint on the continuing recognition of a well-known trademark. The Indecopi has determined that the term within which a titleholder may invoke the rights inherent in that reputation is five years from the date of its recognition by the competent authority. When this period has elapsed, it will be necessary to submit the requisite proof demonstrating that the trademark continues to enjoy its reputation in the market A well-known mark is one which is widely disseminated and recognized by the consumer public in a specific sector, in response to ..read more

Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject.  Art is present in every facet of our lives. It is no longer confined to museum walls or catalog pages, we have become used to seeing classic canvases in advertising campaigns, on t-shirts and merchandising products, or parodied in memes on social media. Examples range from Da Vinci’s enigmatic Gioconda depicted with silky shiny hair to promote a L’Oreal shampoo or comple ..read more

AI) 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 objective of the Artificial Intelligence Regulation (AIR), the impact of these technologies in some sectors with intensive content creation has led to the inclusion of certain requirements in this area. To summarize, the various agents involved in the AI value chain are ..read more

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) and the companies that use that technology are increasing. Implementing SEP is essential for the Internet of Things (IoT) and, in general, to provide connectivity to numerous products. The commercial impact of these conflicts is enormous ..read more

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 drug dealer who defied the State and built up a criminal empire unprecedented in our era. However, decades after his death, the legacy of Escobar continues to create controversy, this time from an unexpected source, namely the European courts The case ..read more

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 a prize in an advertising campaign of its services. This decision stems from the ruling issued by the Court of Justice of the European Union (CJEU) on January 11th, in response to a preliminary question (Case C-361/22) raised by the Supreme Court in th ..read more

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, poses challenges for copyright. Fashion occupies the middle ground: somewhere between decorative and utilitarian, which as the Court of Justice of the European Union held in the Cofemel case, requires specific analysis, especially when the Criminal Code is ..read more

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. On January 11, 2024, the CJEU ruled on the preliminary question (Case C-361/22) raised by the Spanish Supreme Court in the proceedings between Inditex and Buongiorno Myalert, S.A. regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Article 37 of the Spanish Trademark Law 17/2001 states that the owner of a Spani ..read more

In the event of a possible opposition by a third party, it is necessary to have sufficient evidence to prove the use of the prior mark with documents that support its presence in the market for real commercial purposes. As the proverb says: “Caesar’s wife must not only be honest but must also be seen to be honest.” In the case of a trademark that has been registered for over five years, the requirement is stricter than for Caesar’s wife, since to maintain its protection it must be in use, appear to be in use and you must be able to prove it. It is crucial for trademark proprietors whose marks ..read more

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 to decide on the final version of an audiovisual work (for example a film or series). Exercising this right can lead to a variety of problems between the various individuals involved in producing the work, since their creative interests (for example, of the actors or directo ..read more