Rare earth technology: ULL patents anti-counterfeiting security inks

Rare earth elements have become established as strategic materials for multiple industrial sectors thanks to their unique optical, electronic and chemical properties. From energy to microelectronics, including document security, they allow the development of technical solutions that are difficult to replicate and, therefore, of high competitive value. The recent patent obtained by the University of La Laguna (ULL) on anti-counterfeiting security inks based on rare earths is a clear example of how scientific research can be transformed into technology protected by patents, with direct applications in the market. Rare earths: key materials for security and authentication Although their name may suggest scarcity, rare earths are relatively abundant in the earth's crust. However, its processing is complex and its physical-chemical behavior is highly specialized. It is precisely this unique characteristic that makes them ideal for security applications. What do rare earth elements bring to this application compared to conventional materials? In the specific case of the security inks developed by the University of La Laguna, the use of luminescent materials based on rare earths allows: Defined light emissions under ultraviolet or infrared light. Suitable thermal and chemical stability for integration into inks and printing processes. Possibility of generating custom spectral combinations. Optical signals identifiable by specific reading systems. These features facilitate the creation of invisible or coded markers that strengthen protection against copying or tampering. ULL's innovation: security inks with a unique optical signature. The technology developed by the University of La Laguna is based on a procedure to obtain a luminescent inorganic material doped with rare earth elements, which can be incorporated into security ink formulations. These inks generate specific and controlled optical signals under certain lighting conditions. Potential applications This type of ink can be used in: Official documents and certificates Banknotes, tickets or securities Guarantee seals Product authenticity labels Traceability and logistics control systems In all these cases, the integration of rare earth-based materials allows adding additional layers of security without significantly altering functionality or production costs. Rare earths as critical raw materials: industrial and technological context Beyond this specific application, rare earths occupy a strategic position in global industry today. Its supply chain is highly concentrated and its availability is crucial for sectors such as advanced electronics, energy, optical systems or security. https://www.youtube.com/watch?v=pTW0uC74r-Q En este vídeo profundizamos en el impacto que el desarrollo de nuevos materiales y el uso de tierras raras está impulsando campos como la generación y almacenamiento de energía eléctrica.. For this reason, both the European Union and other markets consider these materials as critical raw materials, promoting the development of their own technologies that reduce external dependencies and strengthen local industrial capacity. Initiatives like the one from ULL contribute to strengthening these technological capabilities around advanced materials and consolidating industrial applications based on rare earths. The security ink technology developed by the university illustrates how materials research can be translated into concrete solutions for authentication and document protection, integrating applied science and legal protection from the earliest stages of development. At Elzaburu we accompany our clients in this process, providing specialized legal advice on the registration and validation of patents. We understand that innovation, now more than ever, involves anticipating, protecting technological developments, and moving forward with legal certainty.   Bosco de la Vega, Senior Associate in the Patents area of ​​Elzaburu.

ELZABURU appoints Marta Rodríguez Aguado as Associate Partner and promotes new Senior Associates

At its recent partners' meeting, ELZABURU approved a series of appointments reflecting its strong commitment to internal promotion and the professional development of its team. In this regard, Marta Rodríguez Aguado has been appointed Associate Partner in the firm's Trademark practice. With over ten years of experience in intellectual property, Marta specializes in the protection and strategic management of trademark portfolios for national and international clients. She regularly advises companies and multinational groups on the design and implementation of comprehensive trademark protection and defense strategies, including matters related to domain names and dispute resolution procedures under the UDRP system. She also participates in the EUIPO's Security Quality Assessment Programs (SQAPs), collaborating in the review of the Office's decisions and contributing to the continuous improvement of its procedures. On the other hand, the firm has promoted Ana Pérez-Prat Garnelo, from the Trademarks area, and Bosco de la Vega Churruca, from the Patents area, to Senior Associate status. Both professionals have a solid track record within ELZABURU. Ana Pérez-Prat has nine years of experience advising on trademark matters, supporting national and international clients in the protection and defense of distinctive signs before the Spanish Patent and Trademark Office (OEPM), the European Union Intellectual Property Office (EUIPO), the World Intellectual Property Organization (WIPO), and other foreign offices. Her practice includes strategic advice on trademark disputes, opposition and cancellation proceedings, negotiation and drafting of agreements, as well as the management of large trademark portfolios. She also advises on industrial designs, domain names, and UDRP proceedings. Bosco de la Vega, an industrial engineer and European Patent Attorney, has advised on the protection of inventions in the fields of mechanical and electrical engineering, materials and manufacturing processes, as well as industrial designs, since 2012. Their practice encompasses the drafting, filing, and defense of patents in Spain, Europe, the PCT, and other international jurisdictions, as well as prior art searches, patentability reports, and infringement risk analyses. These appointments demonstrate ELZABURU's strong commitment to internal promotion and the professional development of its team, recognizing the experience, rigor, and ongoing contributions of its professionals.

Industrial designs: 100 years of the WIPO international registration system

The commemoration of the centenary of the Hague System for the international registration of industrial designs marks a historic milestone that invites reflection on the evolution of design, its economic relevance and its role as an engine of business competitiveness. For over a century, this WIPO-administered system has enabled creators and companies to protect the appearance of their products in multiple markets through a single procedure, promoting a global ecosystem of innovation, beauty, and utility. A century protecting creativity: anniversary context The Hague System was created in 1925 with the aim of providing a simplified way to protect designs beyond borders. The first applications, such as fabrics for ladies' hats, contrast radically with the current records of graphic interfaces, robots, or electric vehicles. During this time, the system has grown from 11 initial signatories to 82 member states and intergovernmental organizations from 99 countries. Today, the numbers speak for themselves: More than 2 million industrial design registrations since the system's creation. In 2024 alone, there were 27.161 applications, an increase of almost 7% compared to 2023. A benchmark economic volume: in 2024, investment in designs exceeded 685.000 billion USD in the US. US, UK and EU. In these one hundred years, the system has evolved with new records, technological improvements (such as electronic submission), geographical expansion and the addition of design powers such as the US. USA, China, South Korea or Japan. New types of designs, especially digital ones, have also been incorporated, reflecting how the traditional concept of "product appearance" has expanded to include, for example, graphical user interfaces (GUIs). Industrial designs that marked an era: six emblematic cases To celebrate this centenary and highlight the impact of protected design, professionals from the Industrial Designs Area of ​​Elzaburu analyze iconic objects whose protection through industrial design has been key to their legacy. 1. Playmobil figures — Paloma Querol The design of Playmobil has remained virtually unchanged since its origins. Its formal simplicity (rounded head, permanent smile, standardized proportions) is the basis of its success. The protection of industrial design has been essential to safeguarding a recognizable aesthetic that has transcended generations and expanded to dozens of countries. As Paloma Querol points out, it is a paradigmatic case of how a minimalist design can sustain an infinite creative universe. 2. Piaggio Vespa scooter — Pedro Saturio Pedro Saturio highlights the Vespa as an example of design that transcends function. Inspired by post-war urban mobility, its "wasp" shaped silhouette, self-supporting chassis and accessible driving made it a cultural symbol. Protecting its industrial design has been fundamental to maintaining its identity against imitations in a highly competitive market. 3. Swiss Army Knife — Manolo Mínguez Manolo Mínguez explains that the Swiss Army Knife stands out for its industrial design focused on functionality. Its elongated and compact shape, designed to house multiple tools in a single, small-volume body, and its foldable structure have made this object a benchmark of utilitarian design. Protection as an industrial design has been essential to preserve this characteristic configuration against products that have tried to replicate its technical solution and overall appearance. 4. Sony's PlayStation — Bosco de la Vega Bosco de la Vega focuses on Sony's first PlayStation as an example of how industrial design can define an entire product category. Launched in 1994, its external configuration (the flat rectangular shape, the disc located in the center and the characteristic arrangement of buttons) helped to build a consistent and recognizable user experience in a rapidly expanding market. Its protection as an industrial design has helped to consolidate the console's visual identity and preserve an appearance that, over time, has become a cultural benchmark. 5. Xiaomi Electric Scooter — Ruth Sánchez The rise of micromobility has positioned the electric scooter as an everyday object. The Xiaomi Electric, registered in 2019, stands out for its stylish design, clean geometry, and portability. As Ruth Sánchez points out, protecting these types of designs is essential given the rapid emergence of competitors and constant technological evolution. 6. Birkenstock Arizona Big Buckle Sandals — Sara Navarro Sara Navarro highlights the importance of design in traditionally functional products. The Arizona Big Buckle model combines ergonomics, sustainability and a distinctive style thanks to its iconic oversized buckle. Its registration as an industrial design has allowed it to consolidate a recognizable aesthetic and protect the investment in comfort and brand. A century later, industrial designs remain essential. After one hundred years of history, the Hague System demonstrates that the protection of industrial designs not only preserves the external appearance of a product: it drives innovation, protects investment, strengthens brands and allows competition in global markets. In an environment where visual differentiation is more strategic than ever, having a protected design makes the difference between leading or falling behind. At Elzaburu we have a team specializing in industrial designs that advises on the best way to register, protect and defend creations in the different markets in which your company operates.

The rulings of the Unified Patent Court also have effect in Spain.

Since its launch on June 1, 2023, the Unified Patent Court (UPC) has revolutionized the way patent disputes are resolved in Europe. Two years after its entry into force, the European judicial system for industrial property has undergone a significant transformation that continues to raise questions about its territorial scope and practical consequences. One of the aspects that has generated the most interest is the potential impact that the UPC's decisions could have on countries that do not adhere to the EU system, such as Spain. What is the Unified Patent Court? The UPC is a specialized court with jurisdiction over cases of validity and infringement of European patents. It operates in all European Union countries that have signed and ratified the Agreement establishing the UPC (UPCA), within the framework of the Enhanced Cooperation Treaty (a mechanism provided for in Community law). The implementation of the UPT has gone hand in hand with the creation of a new industrial property title: the European Patent with unitary effect or Unitary Patent. This patent, once granted by the European Patent Office (EPO), has automatic legal effect in all countries participating in the unitary system, without the need for subsequent national validation. Differences between a Unitary Patent and a traditional European Patent A conventional European Patent must be validated country by country after its granting in order to become a National Patent in each of the signatory territories of the European Patent Convention (EPC) and, thus, exercise its effects in the territories in which protection is desired. With the Unitary Patent, on the other hand, holders can opt for a single title with simultaneous territorial coverage in the Member States that have ratified the UPC Agreement, which simplifies the administrative and legal costs of maintenance and protection. Jurisdiction of the TUP: To what cases does it apply? The UPC has jurisdiction, in the territories that have ratified the Treaty for their protection, over both Unitary Patents and traditional European Patents, unless the latter have been expressly excluded through the opt-out mechanism (this exclusion must be requested voluntarily before the UPC jurisdiction). It should be noted that the UPC is not a court that forms part of the official institutions of the European Union. It is a national court, with the particularity that it has simultaneous authority in all countries that have ratified the corresponding Treaty. However, like any other court in an EU country, it falls under the authority of the Court of Justice of the European Union (CJEU), especially regarding matters of interpretation of European law. Spain is not immune to the effects of the UPC. Spain did not adhere to the Enhanced Cooperation Treaty and has not signed the treaty that created the Unified Tribunal. Consequently, European Patents validated in Spain are governed, a priori, by the traditional system, and cases regarding their validity or infringement fall under the jurisdiction of the Spanish courts. However, this does not mean that the decisions of the TUP cannot have an effect in Spain. Like any EU national court, the UPC also has the power to issue judgments and initiate proceedings whose effects extend beyond the borders of the countries that are party to the UPC Treaty. Due to Regulation (EU) 1215/2012 (known as the Brussels 1 Regulation) on the mutual recognition, within the EU, of judgments handed down by the courts of one of the countries of the Union. Practical example: precautionary measures with effect in Spain Let's imagine that company A is the holder of a European Patent that has been validated both in Spain and in several European countries that are part of the UPC system. On the other hand, a B company, headquartered in one of the countries participating in the TUP system, markets a product both in those countries and also in Spain. Company A believes that such marketing could infringe its patent in all of these countries, including Spain. Therefore, it decides to file a claim for infringement before the TUP requesting precautionary measures to stop the marketing of product X by company B. If the TUP grants precautionary measures in favor of Company A, that decision could also be enforced in Spain. This would lead the Spanish courts to enforce the corresponding interim measures in Spain, without prejudice to the fact that the decision on the merits of the case (whether or not the infringement has occurred in Spanish territory) falls exclusively to the Spanish courts. It should be emphasized that, although Spain is not a party to the Enhanced Cooperation Treaty and has not signed the Treaty establishing the UPC (UPCA), the decisions of the Unified Patent Court undoubtedly have the potential to have an impact in Spain as well.   At ELZABURU, we remain vigilant about the evolution of the UPC system and its implications in Spain, in order to offer our clients legal advice aligned with European legal standards. Bosco de la Vega, Associate in the Patents area of ​​Elzaburu.

Energy patents and rare earths

Technological innovation advances at different speeds depending on the sector. While some, such as the automotive and aeronautical industries, maintain a constant pace of evolution, others are undergoing accelerated transformation. One of the most dynamic fields today is the generation and storage of electrical energy, where the volume of patent applications has skyrocketed in recent years. This boom is not accidental. It responds to an urgent need for energy optimization and sustainability, in a scenario marked by the green transition and growing geopolitical pressure on strategic resources. Rare earths, essential materials in many of these innovations, are at the heart of this new technological revolution. Increase in patent applications in the energy sector: a barometer of innovation According to data from the European Patent Office (EPO) 2024 Patent Index, inventions related to electric batteries grew by 24% compared to the previous year. In the case of electrical machinery, appliances, and energy, the cumulative increase over the last decade reaches 64,8%. This increase reveals the role of patents as a protection mechanism, but also as an indicator of industrial and technological dynamism. Registering a patent in Spain or Europe allows companies to secure their R&D investment, access financing, and strategically position themselves in key markets. Rare earths: powerful magnets and next-generation batteries Rare earths such as neodymium, dysprosium, and lanthanum are at the heart of many strategic inventions. In the field of electric generators, one of the most promising avenues for development is more powerful permanent magnets, which require less space and energy to operate. These advances have a direct impact on the efficiency of rotating electrical machines, as well as on cutting-edge electric motors, when it comes to neodymium, for example. In parallel, batteries are another major focus of innovation. The challenge: increasing energy density, shortening charging times, and extending service life. The automotive industry is driving many of these improvements, seeking new cathode and electrolyte formulations that incorporate rare earth elements or advanced alternative materials, with the goal of achieving the highest storage capacity while ensuring safety and sustainability throughout the process. Electrical networks and conductive materials: minimizing losses Another key technological front is electrical infrastructure, especially the energy transmission network. Innovation in conductive materials with lower electrical resistance minimizes economic losses and the environmental impact that occurs during transportation, a key aspect for both large-scale installations and microelectronic components. Geostrategy, industrial autonomy and intellectual property Beyond the technical dimension, the rise of these technologies has a geopolitical reading. Europe relies heavily on third countries for supplies of rare earths and other critical materials. Therefore, promoting local innovation and protecting developments through the patent system has become a strategic priority. Furthermore, this increase in the number of patent applications is not limited to the private sector. Public institutions and research centers are supporting it, and an increasing number of universities, scientific organizations, and public-private partnerships are working together to develop patentable solutions, geared not only toward innovation but also toward large-scale applicability and commercial viability. Protecting innovation as a lever for competitiveness The current map of patent applications reveals a clear trend: the race for sustainable energy efficiency is not only being fought in laboratories, but also in industrial property offices. Ensuring the protection of these advances has ceased to be simply a strategic option and has become an urgent need to maintain autonomy, sustainability, and, crucially, a leading position in technological innovation. At Elzaburu, we support our clients in this transformation, providing specialized legal advice on patent registration and validation. We understand that innovation, now more than ever, is synonymous with anticipating, protecting, and leading responsibly. Bosco de la Vega, Associate in the Patents area

In recent years, the search for more sustainable energy has significantly boosted solar photovoltaic installations around the world, with China leading this growth. This increase has been accompanied by a significant increase in patent applications to protect these innovations. The future challenge will not only be to generate more energy, but to transport and store it efficiently. Administrations, universities and companies must focus in this direction, protecting innovations from the point of view of Industrial Property. Solar photovoltaic technology has shown exponential growth. In 2023, 447 GW of PV capacity was installed worldwide, 87% more than in 2022. This technology dominates the renewable energy sector, representing 78% of new installations in 2023. This growth is expected to continue, reaching 5 TW in 2028, driven by the pursuit of a more decarbonized economy in a context of growing environmental concerns and geopolitical uncertainty. However, growth is not uniform around the world. China is responsible for 56,6% of new PV capacity installed in 2023, with 253 GW. The United States follows with 32,4 GW, while Spain occupies sixth place with 8,9 GW, behind Brazil, Germany and India. The exponential growth of photovoltaic patent applications In terms of research, new technological developments and patents related to photovoltaic electricity production, a total of 2021 new families of patent applications have been published worldwide since the beginning of 144.788, which which means that there has been an increase of almost 150% in the number of patent application families published compared to the previous 4 years. Of all these families of patent applications, approximately 72% originated in China, 10% in the United States and less than 10% in Europe. Thus, China is demonstrating its technological hegemony, not only in terms of installing new photovoltaic production capacity; also in terms of research on new technologies in this sector. The challenge: how to transport and store surplus energy Europe faces several challenges not only in the installation of new photovoltaic capacity, but also in the generation of renewable energy in general, especially wind and photovoltaics. One of the main challenges is the capacity of the network to transport the energy generated. The current electricity grid is often unable to handle all of the energy produced by new installations, demanding greater investment in the development of grid infrastructure in Europe. It is crucial that industry, universities, research centers and European administrations increase their efforts to develop technological solutions that allow greater use of the renewable energy generation capacity that is being installed and will be installed in the coming years. The need to protect energy innovation through Industrial Property To strengthen the European industry in this technological race, in addition to facilitating and simplifying access to public financing sources and tax incentive plans for companies that develop their own R&D, it is vital the promotion of a culture of Industrial Property, through which the industry can see with crystal clarity the beneficial effects of adequate protection of its intangible assets, in terms of positioning of its products in the markets, access to public financing funds and private interests, improvement of its reputation and prestige and effective protection against unauthorized uses of its assets. This promotion of a culture of Industrial Property encompasses the public and private sectors. The administrations, through the respective Patent and Trademark Offices, carry out commendable work in promoting this culture of Industrial Property. Likewise, a greater provision of resources in terms of specialized police units and in terms of the number of specialized Industrial Property courts would be desirable. The private sector, for its part, through the different legal consultancies and law firms specialized in Industrial Property, can and should promote companies' knowledge of the essential aspects of Industrial Property, encouraging them to protect their most valuable resources, which are its intangible assets. All this promotion of a culture of Industrial Property will result in a greater incentive to strengthen European industry and achieve greater technological development. Bosco de la Vega Churruca, Associate in the Patents Department at ELZABURU

ELZABURU publishes its 12th yearbook of European jurisprudence on industrial and intellectual property

It contains 13 rulings by the CJEU and the Spanish courts, presented under three headings: Facts, Statements and Commentary. They are analysed by the firm's professionals and deal with trademarks, copyrights, patents, designs, piracy and plant varieties. Madrid, 28 May 2024. - ELZABURU, a firm specialising in the management of intangibles, has published the 12th edition of its European jurisprudence yearbook, which contains 13 relevant cases decided by the Court of Justice and the Spanish courts, commented on by the firm's specialists in each area. This compilation contains commented rulings on trademarks (4), copyrights (3), patents (2), designs (2), piracy (1) and plant varieties (1). Over these 12 years, the Yearbook has published a total of 337 cases from the Court of Justice of the European Union, the EU Trademark Court, the Supreme Court of the Provincial Courts, other European and Spanish courts, and the European Patent Office. This year's compilation has selected relevant cases from the Court of Justice in its interpretation of European regulations in the most varied scenarios; as well as the work of the Spanish courts, which have been joined this year, for the first time, by the civil courts to settle appeals against the resolutions of the OEPM. In this edition, 9 professionals from the firm have published their comments: Enrique Armijo, María Cadarso, Inés de Casas, Juan José Caselles, Mabel Klimt, Carlos Morán, Alessandro Pelliccioni, Pedro Saturio and Ana Sanz. The Editorial Committee of the Yearbook has been formed by Ana Donate, Margarita García, Carlos Morán, Elisa Prieto, José Ignacio San Martín and Bosco de la Vega.