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
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Battle for gene editing: the US Appeals Court rules on CRISPR patents
By Garrigues
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…
Statement of use of a trademark: a requirement in the USA that does not exist in the EU
By Garrigues
The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. Let’s take a look.
The registration of a trademark grants the exclusive right to use a particular sign to…
Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?
By Garrigues
Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms.
It is common knowledge that using a trademark, a patent or a design of another business may cause…
Deep fakes: the media and the legal system is under threat
By Garrigues
The exponential increase in the use of artificial intelligence (AI) to generate audiovisual content is forcing us to re-think the risks involved in the proliferation of deepfakes. The quality of this synthetic content is such that it can generate situations or conversations that never existed, blurring the line between real and make believe, just like…
Shape up your mark: the intricacies of protecting the appearance of a product as a trademark
By Garrigues
Is your product different? Does it have a unique shape that sets it apart from competitors? If so, perhaps you want to think about protecting that particular shape as a trademark. It is an effective strategy for companies that want to stand out in a saturated market. Although the procedure to register a product’s shape…
Architecture and Intellectual Property: Is it possible to protect a building?
By Garrigues
Architecture encompasses a range of disciplines. Design, functionality, technique and, at times, good taste, come into play to achieve a result that comprises all of these in one: the building. But who does the “work” belong to? Can you protect a building?
Imagine (for a joyful moment) that you are the architect of your favorite…
How do you register an international trademark?
By Garrigues
The Madrid System to register international trademarks is governed by the Madrid Agreement (1891) and the Madrid Protocol (1989) and is administered by the World Intellectual Property Organization(WIPO) located in Geneva, Switzerland.
This system offers the owner of a trademark in one of the member States the possibility of extending protection of the mark to…
Counterattacks in procedures for the declaration of invalidity of a trademark before the Spanish Patents and Trademarks Office
By Garrigues
Since January 14, the Spanish Patents and Trademarks Office (SPTO) has been responsible for hearing applications for invalidity and revocation of trademarks. We take a look at the biggest risk faced by applicants seeking invalidity of a trademark on relative grounds.
The SPTO has the power to declare the signs invalid where it considers that…
Morcilla de Burgos: Can Protected Geographical Indications and collective trademarks coexist?
By Garrigues
Both Designations of Origin (DO) and Protected Geographical Indications (PGI) are essential to ensure that the goods that they protect comply with strict quality criteria and come from a specific geographic location. In addition, collective trademarks identify goods or services of members of their association with respect to third parties. However, can the two coexist?…