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The Innovation Behind Ramón Larramendi's Wind Sled

October 22, 2026

Wind Sled: The Spanish Innovation That Will Travel Across Antarctica Emissions-Free

A 15-meter sled, pulled by large kites, is preparing to travel 3,400 kilometers across the Antarctic interior with a scientific laboratory on board. This is the latest challenge for Spanish explorer Ramón Larramendi, who has spent more than 25 years developing a vehicle capable of traveling through the polar regions in a sustainable manner, […]

October 21, 2026

Beyond .com: How New Domain Extensions Also Build a Brand

Domain names have long since ceased to be merely an address for accessing a website. For many companies, they are part of their digital identity and brand protection strategy, which leads them to register the same name under different extensions—whether to operate in different markets, strengthen […]

Suriname: Service Mark Registration—An Opportunity for Hotels, the Tourism Sector, and Service Companies

October 20, 2026

Suriname Opens Trademark Registration for Services: An Opportunity for Hotels, Tour Operators, and Other Service Companies

Service companies that operate or have interests in the Caribbean now have a new opportunity to strengthen the protection of their trademarks in the region. What’s Changing with Trademark Registration for Services in Suriname? The Surinamese government has opened trademark registration to services, adopting the […]

Argentina is moving toward joining the international patent system: the Patent Cooperation Treaty (PCT)

October 15, 2026

The PCT Expands: Argentina Moves Toward Joining the International Patent System

Protecting an invention in different markets requires making decisions that do not always come at the best time. You have to choose in which countries to file patent applications when, in many cases, it is not yet clear what the commercial path of the technology will be. The Patent Cooperation Treaty (PCT), administered […]

Trademark Protection in Yemen: Sana'a Registry and Aden Registry

October 14, 2026

Trademark Protection in Yemen: Sana'a Registry and Aden Registry

Two territories, two independent registries. Yemen is divided into two territories: in the north, the capital, Sana’a; and in the south, Aden, the most commercially and geopolitically strategic region. Each territory has its own Trademark Office, and both operate independently: a registration granted by one of them […]

It is now possible to register trademarks for alcoholic beverages in the United Arab Emirates

October 13, 2026

United Arab Emirates Allows Trademark Registration for Alcoholic Beverages

As was the case in Qatar a few months ago, the United Arab Emirates Trademark Office has begun accepting applications for registration in Class 33 of the Nice Classification, which covers wines, spirits, and other alcoholic beverages. This development is particularly significant for the industry, as until now it was not possible […]

Why some plant-based products can use the names of the foods they are intended to replace or imitate, but others cannot

October 8, 2026

Vegan burgers, yes; vegan cheese, no: What names can be used for plant-based foods?

Plant-based alternatives to products traditionally associated with animal-based foods are becoming increasingly common in supermarkets, restaurants, and advertising campaigns. But their growth has also sparked a debate that is less visible to consumers: To what extent can these products use the same names as the foods they are intended to replace, or […]

How to Protect Fashion Through Non-Traditional Brands

October 1, 2026

Beyond Industrial Design: How to Protect Fashion Through Non-Traditional Trademarks

In the fashion industry, where aesthetic innovation and differentiation are constant goals, adequately protecting intangible assets is key to maintaining a competitive advantage. Industrial design is the primary means companies typically turn to when they want to protect the appearance of their products. However, it is not […]

“Joyería de Córdoba”: Spain’s first geographical indication (GI) for artisanal and industrial products

September 24, 2026

“Joyería de Córdoba”: Spain’s first geographical indication (GI) for artisanal and industrial products

Córdoba and the jewelry industry have a centuries-old relationship. This craft is an integral part of both the city’s history and its economy (with an extensive network of workshops, manufacturers, and professionals), and as of this summer, it has taken on a new legal dimension: “Joyería de Córdoba” is the first Spanish geographical indication (GI) registered for […]

Using Music in an Audiovisual Production: An Analysis of the Rights Involved

September 17, 2026

Using Music in an Audiovisual Production: What Rights Are Involved

In the audiovisual industry, it is still common to refer to “the rights to a song” as if they were a single label. However, one need only analyze how music circulates today within audiovisual productions—TV series, advertising, digital formats, branded content, or content for streaming platforms—to see that this notion is inadequate. Music […]

Unitary patent applications exceed 100,000

September 10, 2026

More Than 100,000 European Patents with Unitary Effect: An In-Depth Look at the Unitary Patent Three Years Later

The Unitary Patent has surpassed 100,000 requests for unitary effect since the system began operating in June 2023. Beyond this numerical milestone, data from the EPO’s statistical dashboard allows us to observe how the use of this form of protection is evolving in Europe. More than 100,000 requests for unitary effect […]

Evidence of Use of a Trademark: Key to Opposition Proceedings

September 3, 2026

Evidence of Use of a Trademark: Key to Opposition Proceedings

Proof of use has become a decisive factor in trademark opposition proceedings in Spain and the European Union. Its introduction into Spanish law in 2019 has brought about a significant change in the strategy for defending trademark rights, requiring owners to prove use […]

From Brazil to Australia: Can a country's name be registered as a trademark?

September 1, 2026

From Brazil to Australia: Can a country's name be registered as a trademark?

A Brazilian company sells granola, cereal, and energy bars under the name AUSTRALIA: This choice is striking: Can a company commercially appropriate the name of a country with which its products do not necessarily share an origin? The short answer is: it depends. Registering the name of a country is not prohibited per se; the problem arises when […]

Everyday Inventions: Small Decisions That Changed the Future of an Innovation

August 27, 2026

Everyday Inventions: Small Decisions That Changed the Future of an Innovation

A major innovation does not always stem from a radically new idea. Sometimes, the real breakthrough lies in changing a package, transferring a technology from one sector to another, paying attention to how consumer needs evolve, or overcoming a technical limitation that seemed inevitable. The history of many everyday or world-renowned inventions shows that […]

Industrial Design and Counterfeits: Why Protecting a Product's Appearance Is a Strategic Decision

August 20, 2026

Industrial Design and Counterfeits: Why Protecting a Product's Appearance Is a Strategic Decision

Can a product’s appearance influence a purchasing decision? Yes. Industrial design not only makes a product more attractive; it can also convey quality, innovation, trust, and differentiation from other similar products. A recent report by the European Union Intellectual Property Office (EUIPO) confirms this idea […]

Tax Deductions for R&D&I in the Audiovisual Sector: A Way to Finance Technological Innovation

August 13, 2026

Tax Deductions for R&D&I in the Audiovisual Sector: A Way to Finance Technological Innovation

In the audiovisual sector, creativity is often at the forefront. This makes sense: a movie, a TV series, an animated film, or an immersive experience all stem from an idea, a story, and a specific way of telling it. But increasingly, technological development also plays a role behind that creativity. Rendering engines, production systems […]

Cyber squatting and domain names: a new fast-track process for protecting a trademark online

Cyber squatting and domain names: a new fast-track process for protecting a trademark online

A domain name may seem like a small thing—just a web address. But in practice, it directly affects a company’s online identity. When a company builds its digital identity, the domain name is no longer just a technical element. It’s part of its brand, its reputation, and, often, the first point of contact […]

Batteries and Patents: The Technological Race That Will Shape the Energy Transition

The energy transition has become one of the major drivers of technological innovation on a global scale. For decades, the debate centered on how to generate energy more cleanly. Today, the focus has shifted to an equally critical issue: how to store, manage, and transport that energy efficiently. In this […]

How to Register a Song: A Guide to Protecting Your Music

How to Register a Song: A Guide to Protecting Your Music

A song can begin in a thousand different ways, from jottings in your notebook to an improvisation during a rehearsal with your band. But when it seems like it’s finally finished, the big question arises: How do you register a song to protect it? In Spain, a song is protected by copyright from the moment it is […]

The OEPM will offer a 30% discount on patent technology reports for recipients of CDTI grants

The OEPM will offer a 30% discount on patent technology reports for recipients of CDTI grants

The Spanish Patent and Trademark Office (OEPM) and the Center for Technological Development and Innovation (CDTI) have signed an agreement to promote the use of industrial property rights in research, development, and innovation projects. Among its most significant measures is a 30% discount on certain services […]

Rosalia's "Lux" trademark

EUIPO refuses Rosalía’s LUX trademark application for lack of distinctive character and descriptiveness

The European Union Intellectual Property Office (EUIPO) has rejected the application for the European Union trademark “LUX” filed by Rosalía Vila Tobella. The decision is based on the perception that the Romanian-speaking public in the European Union would have of the term, as it is considered that it would not be understood as an indication […]

2026 World Cup Stadiums, Trademarks, and Intellectual Property: The “Clean Site” Challenge

2026 World Cup Stadiums, Trademarks, and Intellectual Property: The “Clean Site” Challenge

What happens when a stadium hosting a World Cup match is named after a brand that does not officially sponsor the competition? The controversy surrounding some of the stadiums for the 2026 World Cup clearly illustrates this tension, as many sports venues are typically identified by logos associated with major brands. Behind […]

R&D vs. Technological Innovation: Key Points for Properly Claiming R&D&I Tax Deductions

R&D vs. Technological Innovation: Key Points for Properly Claiming R&D&I Tax Deductions

Tax deductions for R&D&I are one of the main incentives for research and development (R&D) and technological innovation (TI) in Spain. However, many companies find it difficult to determine whether their projects should be classified as R&D or as technological innovation. Classification as R&D or TI […]

Industrial designs: the fastest-growing type of industrial property right in Spain, according to the OEPM 2025 report

Industrial designs: the fastest-growing type of industrial property right in Spain, according to the OEPM 2025 report

Applications for industrial designs increased in Spain in 2025, becoming the type of industrial property with the highest annual growth. This is according to the report *The OEPM in Figures 2025*, published by the Spanish Patent and Trademark Office, which puts the increase in industrial designs at 14.8 percent, above the […]

Jersey will be eligible for separate designation under the Madrid System as of August 1, 2026

Jersey will be eligible for separate designation under the Madrid System as of August 1, 2026

In Jersey, trademark protection is simple and efficient; however, until now, it could only be obtained by extending a British registration or through the Madrid Protocol by designating the United Kingdom. Back in 2024, we announced on our blog that the country’s government was working […]

EU Designs: What's Changing Starting July 1, 2026

EU Designs: What's Changing Starting July 1, 2026

Effective July 1, 2026, Phase II of the EU’s legislative reform on designs will complete a process that began on May 1, 2025, and many of its practical implications for the EUIPO will take effect. Its goal is to adapt the design protection system […]

Practical Guide: Five Intellectual Property Clauses to Include in a Startup's Shareholders' Agreement

Practical Guide: Five Intellectual Property Clauses to Include in a Startup's Shareholders' Agreement

In a startup, a very significant portion of the project’s value is often concentrated in its intangible assets. Software, developed technology, algorithms, databases, interfaces, the brand, designs, digital content, and internal know-how frequently constitute the main foundation of the business, determine its scalability, and account for a […]

Updates on Social Security tax credits for research personnel following the RED Newsletter 07/2026

Updates on Social Security tax credits for research personnel following the RED Newsletter 07/2026

Recently, the General Treasury of Social Security published the RED Newsletter 07/2026, which includes important clarifications regarding the application of Social Security contribution rebates for research personnel. The specific rules governing these rebates are set forth in Royal Decree 475/2014, dated 13 […]

Trademark Protection Behind the Pope's Visit: When a Religious Event Also Becomes an Intangible Asset

Trademark Protection Behind the Pope's Visit: When a Religious Event Also Becomes an Intangible Asset

Organizing a papal visit requires complex planning: security, transportation, credentials, spaces for pilgrims, institutional communications, and coordination among various government agencies and organizations. But there is another, less visible element that is also part of these preparations: the protection of the distinctive symbols that officially identify the event. At this type of event, the […]

OEPM Report 2025: Patents and Utility Models Reflect the Growth of Innovation in Spain

OEPM Report 2025: Patents and Utility Models Reflect the Growth of Innovation in Spain

Patent and utility model applications increased in Spain in 2025, a figure that reflects not only greater innovation activity but also a growing focus on protecting technical developments. This is according to the annual report *The SPTO in Figures 2025*, published by the Spanish Patent and Trademark Office, […]

Trademark Law on the Internet: The CAMEL Case and the Principle of Territoriality

Trademark Law on the Internet: The CAMEL Case and the Principle of Territoriality

The digital environment has put pressure on one of the classic principles of trademark law: territoriality. In a context where any website is potentially accessible from multiple countries, a key question arises for companies and rights holders: under what circumstances is an online activity considered to be directed at the public of the European Union (EU) […]

Success Story: Tax Deductions for Virtual Cable R&D&I

Virtual Cable: Technological Innovation and Tax Deductions for a Constantly Evolving Platform

CONTEXT A technology company engaged in constant innovation and highly specialized in its field, Virtual Cable is a Spanish technology company specializing in the development of secure solutions for the digital transformation of the workplace. Through its proprietary platform, UDS Enterprise, the company develops virtual desktop infrastructure (VDI) solutions fully tailored to the […]

European patent applications exceed 200,000: What the EPO Technology Dashboard 2025 Reveals

European patent applications exceed 200,000: What the EPO Technology Dashboard 2025 Reveals

The European Patent Office (EPO) has published its Technology Dashboard 2025 (formerly known as the Patent Index), and the data paint a particularly significant picture for European technological innovation. For the first time, European patent applications have exceeded 200,000 per year, confirming both the importance of the European market and its growing influence […]

30 Years of Trademarks in Andorra: From Traditional Administration to Digital Registration

30 Years of Trademarks in Andorra: From Traditional Administration to Digital Registration

The year 2026 marks the 30th anniversary of the launch of Andorra’s trademark registry. Since then—and especially following the opening of the Office of Trademarks and Patents of the Principality of Andorra (OMPA) in December 1996—the country has steadily gained prominence as a highly attractive jurisdiction for businesses, both […]

The Evolution of Genomics: From Discovery to Patents

The Evolution of Genomics: From Discovery to Patents

In genomics, few issues have sparked such a persistent—and such a significant—debate as the role of patents. Unlike in other areas of technology, we are not talking about protecting a machine or a process, but rather something that constitutes the “essence” of being: genetic material and, its primary representative, DNA. Does that change the […]

Success story in which Elzaburu defends "Champagne" against "Champanillo," an issue related to designations of origin

Champagne vs. Champanillo: A Success Story That Redefines the Protection of Designations of Origin

CONTEXT: A dispute that raised questions about the scope of protection for designations of origin. The Comité Interprofessionnel du Vin de Champagne (CIVC), the organization responsible for protecting the “Champagne” protected designation of origin (PDO), discovered that the term “Champanillo” was being used to identify a chain of tapas bars in Catalonia, as well as its […]

.brand Domains: A Strategic Opportunity to Strengthen Brand Identity and Security Online

Starting April 30, 2026, it will be possible to apply for new domain extensions. This process, which has not taken place since 2012, once again brings to the forefront a decision with significant strategic implications for businesses: operating under their own top-level domain—that is, adopting a .brand […]

Copyright in International Sports Competitions: Why Music Isn't a One-Size-Fits-All License

Copyright in International Sports Competitions: Why Music Isn't a One-Size-Fits-All License

In international sports competitions, music is an essential part of the spectacle. In certain disciplines (such as figure skating and rhythmic gymnastics, among others), the choice of music not only influences the choreography and performance but also triggers a complex set of intellectual property rights. In public debate, this is often simplified […]

Trademark Registration in Qatar: Protection for Alcoholic Beverages

Trademark Registration in Qatar: Protection for Alcoholic Beverages

In Qatar, as in other countries where Sharia law applies, the ban on alcohol applies to both citizens and tourists; therefore, it is not possible to sell alcoholic beverages unless a special permit is obtained. Alcoholic beverages may be consumed at specific establishments, such as hotels and restaurants that have obtained a […]

Industrial Property Grants in Asturias: How to Apply for the ASTUREX Program

Industrial Property Grants in Asturias: How to Apply for the ASTUREX Program

Companies operating in or based in Asturias now have a new source of support to protect and manage their intangible assets abroad. Through the “International Legal Services at Source” program offered by ASTUREX (a public agency responsible for promoting the internationalization of the Asturian business community), in which Elzaburu has been […]

Book Day: What Rights Do Authors Have, and How Can They Protect Their Work?

Book Day: What Rights Do Authors Have, and How Can They Protect Their Work?

Every April 23, we celebrate World Book and Copyright Day, a date established by UNESCO to highlight the role of books as a vehicle for cultural transmission across generations. Its origins stem from the symbolic date of April 23, 1616, the day on which […]

Cobranding and Its Legal Implications: The Strategic Dimension That Goes Unnoticed

Cobranding and Its Legal Implications: The Strategic Dimension That Goes Unnoticed

Over the years, co-branding has established itself as one of the most widely used marketing strategies among companies. Through this approach, many brands are able to position themselves in the market and gain consumer recognition. In this article, we delve into the secrets […]

30 Years of the Consolidated Text of the Intellectual Property Law

30 Years of the Consolidated Text of the Intellectual Property Law

In the evolution of intellectual property law in Spain, Royal Legislative Decree 1/1996, dated April 12—which marks its 30th anniversary today—is a perfect example of the phenomenon that has been plaguing this field for some time now. We are faced with a system that is constantly under review, whose laws lack […]

Robotaxi: EUIPO Rejects Tesla's Trademark Application, Deeming It Descriptive

Robotaxi: EUIPO Rejects Tesla's Trademark Application, Deeming It Descriptive

The European Union Intellectual Property Office (EUIPO) recently denied Tesla’s application to register the “ROBOTAXI” trademark for vehicles and services related to autonomous transportation. The term is associated with the company’s autonomous mobility project, which plans to deploy a network of driverless vehicles for transportation […]

Basketball and Innovation: When the Game Becomes an Intangible Asset

Basketball and Innovation: When the Game Becomes an Intangible Asset

April marks World Intellectual Property Day on the calendar, which this year focuses on sports as a driver of innovation and economic development. In this context, basketball has established itself as a clear example of how a sport can transcend competition to become an ecosystem of assets […]

OEPM 2026 Grants for Patents and Utility Models: Key Points of the Call for Applications

OEPM 2026 Grants for Patents and Utility Models: Key Points of the Call for Applications

The Spanish Patent and Trademark Office (OEPM) has published the 2026 call for grants to promote patent and utility model applications, a key initiative to advance the protection of Spanish innovation both nationally and internationally. The summary of the call was published in the Official Gazette of the […]

Brand, Design, and Differentiation: How Joma Transformed Soccer with Its Colorful Soccer Cleats

Every year on April 26, World Intellectual Property Day is celebrated—an initiative launched by WIPO to highlight the role of innovation, creativity, and intangible assets in various economic sectors. In 2026, the celebration centers on the theme “IP and Sports: On Your Marks, Get Set, Go […]

Partial Expiration of Trademarks Due to Nonuse: Analysis of the Ruling by the Provincial Court of Madrid

Partial Expiration of Trademarks Due to Nonuse: Analysis of the Ruling by the Provincial Court of Madrid

Background of the Trademark Expiration Case Trademarks are valid for ten years and may be renewed indefinitely. However, the trademark owner must make effective use of the trademark in the marketplace. Failure to use the trademark for five consecutive years may result in its expiration; a request for expiration is filed with the Spanish Patent and Trademark Office […]

When a Secret Is No Longer a Mystery: The Limits of Trade Secrets in the Age of Reverse Engineering

When a Secret Is No Longer a Mystery: The Limits of Trade Secrets in the Age of Reverse Engineering

The recent release of a technical analysis that supposedly makes it possible to reproduce the Coca-Cola formula has reignited a legal debate that is as recurring as it is timely: How far does the protection of trade secrets extend? Beyond the media appeal of “revealing” a legendary recipe, the case prompts reflection on one of the key instruments of […]

Copyright and Rock 'n' Roll: Legal Disputes in the Music Industry

Copyright and Rock 'n' Roll: Legal Disputes in the Music Industry

The Bittersweet Connection Between Rock and Law I must confess that for the past couple of months, I haven’t been able to get that line by Robe Iniesta out of my head—the ill-fated artist who, as a child, was raised to be a wealthy man but who, as an adult, chose to sing: “But now, I’d rather be an Indian / […]

Rare-Earth Technology: ULL Patents Anti-Counterfeiting Security Inks

Rare-Earth Technology: ULL Patents Anti-Counterfeiting Security Inks

Rare earth elements have established themselves as strategic materials for numerous industrial sectors thanks to their unique optical, electronic, and chemical properties. From energy to microelectronics and document security, they enable the development of technical solutions that are difficult to replicate and, therefore, offer high competitive value. The recent patent obtained by the University of […]

Record Number of Applications in 2025: Key Figures on Industrial Property in Spain

Record Number of Applications in 2025: Key Figures on Industrial Property in Spain

The Spanish Patent and Trademark Office (OEPM) closed out 2025 with a figure of particular significance for the national innovation ecosystem: a total of 92,569 applications for industrial property rights, the highest number in the last ten years. This volume confirms the sustained growth trend seen in recent years and reflects a […]

Trademark Renewal in Libya: New Mandatory 10-Year Term

Trademark Renewal in Libya: New Mandatory 10-Year Term

The Libyan Trademark Office has implemented, effective immediately, a single, mandatory ten-year renewal period for all trademarks registered in the country. This decision is based on Article 1257 of the current Trademark Law and eliminates the option—previously permitted under the […]

Registration of Personal Names as Trademarks in the EU: A Legal Analysis of the Beckham Case

February 26, 2026

Registration of Personal Names as Trademarks in the EU: A Legal Analysis of the Beckham Case

The registration of personal names as trademarks is an increasingly common practice when there is clear public recognition or potential for future commercial use. Victoria Beckham’s registration of the names of the Beckhams’ children as trademarks highlights the tensions between the right to a name and […]

Legal Limits on the Reuse of Festival Posters: Copyright Infringement Due to Plagiarism

February 19, 2026

Legal Limits on the Reuse of Festival Posters: Copyright Infringement Due to Plagiarism

Organizing cultural and festive events often involves commissioning or using creative works, such as posters, illustrations, or graphic designs. These creations are protected by intellectual property law, which requires obtaining the author’s authorization for their use. A ruling handed down by a commercial court has […]

Intellectual property accounts for nearly 50% of Europe's GDP: Key Findings from the New EUIPO–EPO Report on Sectoral Innovation

February 12, 2026

Intellectual property accounts for nearly 50% of Europe's GDP: Key Findings from the New EUIPO–EPO Report on Sectoral Innovation

Intellectual property (IP) is not just a legal tool for protecting intangible assets: it is a structural economic driver for Europe. The latest joint report by the European Union Intellectual Property Office and the European Patent Office confirms that IP-intensive sectors account for a significant portion of the […]

On-Call and Rapid Response Protocol for MWC 2026, Now Also Extended to Alimentaria and Hostelco

February 11, 2026

On-Call and Rapid Response Protocol for MWC 2026, Now Also Extended to Alimentaria and Hostelco

Major international trade shows such as the 2026 Mobile World Congress involve a high concentration of product launches, technological innovations, and new products, which significantly increases the risk of disputes involving industrial property, intellectual property, and unfair competition. With the aim of ensuring effective and expeditious judicial protection […]

Traces of movement: exclusion from the registry based on technical function according to the TG

February 5, 2026

Traces of movement: exclusion from the registry based on technical function according to the TG

Case Background and Trademark Application On July 26, 2023, the German company KCT GMBH & CO KG filed an application to register the trademark shown below—which was classified as a motion mark—to distinguish a specific type of window. The following clarification was included in the trademark description: “when […]

Patenting Software in Spain and Europe: What Can and Cannot Be Protected Under Applicable Law

January 29, 2026

Patenting Software in Spain and Europe: What Can and Cannot Be Protected Under Applicable Law

Patenting software is a recurring issue for innovative companies, tech startups, and legal professionals who develop digital solutions. The legal framework in Europe is not intuitive—among other reasons—because patent laws were conceived long before the advent of computing and have had to adapt to its emergence as they went along […]

The Companies That Invest the Most in R&D in Spain and the Importance of Accurately Reporting These Investments

January 22, 2026

The Companies That Invest the Most in R&D in Spain and the Importance of Accurately Reporting These Investments

R&D has established itself as one of the main drivers of business competitiveness, sustainable growth, and technological leadership. In an increasingly demanding European context, investment in research and development not only drives innovation but also strengthens companies’ visibility and relative standing in international rankings. […]

SME Fund 2026: EUIPO Grants for SMEs with Trademarks, Patents, Plant Varieties, and IP Scan

January 20, 2026

SME Fund 2026: EUIPO Grants for SMEs with Trademarks, Patents, Plant Varieties, and IP Scan

In 2026, the European Union Intellectual Property Office (EUIPO) will launch a new edition of the SME Fund – Ideas Powered for Business, a grant program aimed at small and medium-sized enterprises that wish to protect their industrial property assets and reduce the costs associated with registering trademarks, patents, designs, and plant varieties […]

The Supreme Court Confirms That “dónut” and “Donuts®” Are Not the Same: Key Legal Points of the Ruling on Trademarks

January 15, 2026

The Supreme Court Confirms That “dónut” and “Donuts®” Are Not the Same: Key Legal Points of the Ruling on Trademarks

The recent Supreme Court ruling confirming that “dónut” and “Donuts®” are not the same brings an end to a legal dispute that began in 2017 and sends a strong message to the market: the inclusion of a term in the dictionary does not, in and of itself, eliminate the legal protection of a registered trademark. This ruling, of enormous […]

Copyright and Co-authorship in Artists' Studios: Practical Lessons from the Supreme Court Ruling

January 8, 2026

Copyright and Co-authorship in Artists' Studios: Practical Lessons from the Supreme Court Ruling

Today we spoke with Carlos Morán, a partner at Elzaburu who specializes in industrial and intellectual property litigation and unfair competition, about a recent Supreme Court ruling that has sparked interest in the areas of copyright and co-authorship in artists’ studios. Below, Carlos answers a series of questions […]

Anniversary of the Civil Procedure Act

January 7, 2026

Anniversary of the Civil Procedure Act

Litigation in Spain: From Reform to Reform Now that the implementation of the sweeping procedural reform under Organic Law 1/2025 is nearing completion—with the transformation, on December 31 of last year, of the courts of first instance into trial courts in nearly all municipalities nationwide—it is worth looking back to […]

The Invalidity of the European Collective Mark “Jabugo”

January 1, 2026

The Invalidity of the European Collective Mark “Jabugo”

The recent decision by the European Union Intellectual Property Office (EUIPO) to declare the European Union collective trademark “JABUGO”—owned by the Asociación Auténtico Jabugo—null and void, at the request of the Regulatory Council of the Protected Designation of Origin (PDO) “Jabugo,” has reignited the debate over the boundaries of trademark law […]

Counterfeiting in the European Union: A Less Visible but More Sophisticated Phenomenon

December 25, 2025

Counterfeiting in the European Union: A Less Visible but More Sophisticated Phenomenon

The illicit trade in counterfeit goods has evolved into a global, technologically advanced network capable of adapting rapidly to changes in the market and consumer behavior. The report by the European Union Intellectual Property Office (EUIPO) confirms this trend with data that reflects a growing threat to innovation, […]

December 18, 2025

What the “No Ni Ná” Case Has Taught Us: The Value of Originality in Brand Building

In an increasingly competitive market, where brands seek not only to capture consumers’ attention but also to stand out in saturated environments, creativity and originality have become essential strategic elements. A recent example that illustrates this scenario is the dispute surrounding the “No Ni Ná” brand, launched […]

Patent applications reach an all-time high of 3.7 million, according to the latest WIPO report

December 11, 2025

Patent applications reach an all-time high of 3.7 million, according to the latest WIPO report

On November 12, 2025, WIPO published its latest annual report on global intellectual property indicators—*World Intellectual Property Indicators 2025* (WIPI 2025)—in which the number of intellectual property (IP) applications worldwide reached record levels. Some of the most notable figures: Patent applications […]

Trademark Litigation: Legal Key Points, Examples, and Recommendations for Businesses

December 4, 2025

Trademark Litigation: Legal Key Points, Examples, and Recommendations for Businesses

In an increasingly competitive and globalized market, brands not only identify products or services, but also embody reputation, trust, and commercial value. When disputes arise over the use of a brand, the outcome of litigation can directly impact a company’s viability and reputation. In this article, we review […]

1865: A year marked by Elzaburu and major advances that laid the foundation for the modern world

November 27, 2025

1865: A year marked by Elzaburu and major advances that laid the foundation for the modern world

In 1865, significant advances were made in various fields of knowledge and technology. Some of these went unnoticed at the time, while others marked the beginning of business ventures that are now global leaders. Elzaburu was founded that same year, in an environment where science, industry, and culture were beginning to […]

Industrial Designs: 100 Years of the WIPO International Registration System

November 25, 2025

Industrial Designs: 100 Years of the WIPO International Registration System

The centennial celebration of the Hague System for the International Registration of Industrial Designs marks a historic milestone that invites us to reflect on the evolution of design, its economic significance, and its role as a driver of business competitiveness. Over the course of a century, this system, administered by WIPO, has enabled […]

Trademark Protection Strategies in the Music Industry: The Case of Rosalía’s “LUX” Trademark

November 20, 2025

Trademark Protection Strategies in the Music Industry: The Case of Rosalía’s “LUX” Trademark

Registering a trademark associated with a musical project has become an essential tool in the industrial property and intellectual property strategies of contemporary artists. Rosalía’s recent application for the European trademark “LUX,” months before the release of her new album, illustrates how the law […]

50 Years Since the Spanish Premiere of the Musical "Jesus Christ Superstar"

November 14, 2025

50 Years Since the Spanish Premiere of the Musical “Jesus Christ Superstar”

Did you know that on November 6, 1975, after four years in the making and overcoming all kinds of obstacles, the rock opera “Jesus Christ Superstar” premiered at the Alcalá Palace Theater in Madrid? The musical, produced and starring Camilo Sesto throughout, had a huge impact on the world of culture and […]

The EUIPO has refused the “TEQUIFRESA” trademark on the grounds that it evokes the geographical indication “Tequila”

November 13, 2025

The EUIPO has refused the “TEQUIFRESA” trademark on the grounds that it evokes the geographical indication “Tequila”

The European Union Intellectual Property Office (EUIPO) recently rejected the application to register the trademark TEQUIFRESA for alcoholic beverages in Class 33. The decision is based on the fact that the sign applied for evokes the geographical indication (GI) “Tequila,” which is protected by both European regulations and international agreements with Mexico. […]

Tax Incentives for Culture: An Ever-Evolving Legal Framework

November 6, 2025

Tax Incentives for Culture: An Ever-Evolving Legal Framework

Recent legal reforms have significantly improved funding for the cultural sector. Today, theatrical, musical, and audiovisual productions can benefit from tax incentives that promote their development and dissemination and have a significant positive impact on society. The Role of Tax Incentives in the Cultural Sector These are measures that do not […]

Who Can Register an AI-Generated Trademark? The Brainrot Case and the Legal Challenges of Viral Creativity

October 30, 2025

Who Can Register an AI-Generated Trademark? The Brainrot Case and the Legal Challenges of Viral Creativity

The emergence of surreal characters generated by artificial intelligence (AI) on platforms like TikTok has sparked a viral phenomenon known as Italian Brainrot. These creations (such as Tralalero Tralala, Tung Tung Tung Sahur, and Ballerina Cappuccina) have taken the market by storm in the form of trading cards, toys, video games, and merchandise, but they have also raised important legal questions about […]

EUIPO Grants 2025: Protect Your Industrial Property Assets Before Funds Run Out

October 28, 2025

EUIPO Grants 2025: Protect Your Industrial Property Assets Before Funds Run Out

The 2025 edition of the European Union Intellectual Property Office’s (EUIPO) SME Fund program, “Ideas Powered for Business,” was launched at the beginning of the year with the goal of supporting small and medium-sized enterprises, self-employed individuals, and foundations in protecting their industrial and intellectual property assets. Since its launch, […]

Lamine Yamal and the Strategy of Trademark Registration: Beyond Soccer

October 23, 2025

Lamine Yamal and the Strategy of Trademark Registration: Beyond Soccer

The link between sports and intellectual property continues to grow stronger. A year ago, we examined how certain soccer celebrations could be registered as distinctive marks. Today, we find a new example of this trend in Lamine Yamal, who recently registered seven European Union trademarks with the European Union Intellectual Property Office (EUIPO). The […]

Influencers and Responsible Advertising: Key Elements of the New Code of Conduct

October 16, 2025

Influencers and Responsible Advertising: Key Elements of the New Code of Conduct

Influencer marketing has evolved from a trend into a well-established tool within brands’ digital strategies. In 2023, online investment in this area grew by 23.9%, prompting a thorough review of the applicable regulatory framework. In this context, the new Code of Conduct […]

Artificial Intelligence in Law Firms: A Practical Guide to Responsible Adoption

October 14, 2025

Artificial Intelligence in Law Firms: A Practical Guide to Responsible Adoption

Artificial intelligence (AI) has evolved from a technological experiment to become part of the daily routine of legal professionals. From searching for case law to analyzing contracts, AI-based tools have been integrated into the work of law firms, changing the way they are organized […]

The TEAC establishes a new legal framework for tax deductions for R&D&I

October 9, 2025

The TEAC establishes a new legal framework for tax deductions for R&D&I

On July 17, 2025, the Central Economic-Administrative Court (TEAC) issued two key rulings (RG 5685/2024 and RG 1267/2025) that standardize the criteria applicable to tax deductions for Research, Development, and Technological Innovation (R&D&I) activities under the Corporate Income Tax. This decision marks a milestone for innovative companies, as it provides […]

The EPO Opens the Door to Color Figures in Electronic Patent Applications

October 2, 2025

The EPO Opens the Door to Color Figures in Electronic Patent Applications

A regulatory change that modernizes the filing of inventions Starting October 1, 2025, the European Patent Office (EPO) will allow color and grayscale figures to be included in electronic patent applications. This regulatory change represents a significant step forward in the digitization of patent procedures, facilitating […]

The Evolution of the Pharmaceutical Industry: From “Patent Medicines” to Patented Drugs

September 25, 2025

The Evolution of the Pharmaceutical Industry: From “Patent Medicines” to Patented Drugs

The evolution of medicinal remedies into the modern pharmaceutical industry is closely linked to the development of industrial property rights, the protection of inventions, and the consolidation of regulatory systems that are now essential to public health. Throughout the 19th and 20th centuries, the concept of a medicine evolved from being a […]

Trade Secrets: What They Are, How They Differ from Patents, and How to Protect Them

September 18, 2025

Trade Secrets: What They Are, How They Differ from Patents, and How to Protect Them

In an increasingly competitive and globalized market, protecting strategic information and a company’s know-how is essential. In this context, trade secrets have become a key tool for safeguarding companies’ competitive advantage. In this article, we explain what trade secrets are, their […]

The General Court Examines EU Consumers' Perception of Chinese Characters and the Relevant Criteria for Assessing Bad Faith

September 11, 2025

The General Court Examines EU Consumers' Perception of Chinese Characters and the Relevant Criteria for Assessing Bad Faith

Extending the protection of a national trademark by registering it as an EU trademark is part of a company’s standard business strategy. The fact that the intervening party acts dishonestly in a different context does not necessarily mean that it acts in bad faith in a separate case. The Chinese characters in question are […]

Types of Trademarks: What They Are, What Types Exist, and How to Protect Non-Traditional Trademarks

September 4, 2025

Types of Trademarks: What They Are, What Types Exist, and How to Protect Non-Traditional Trademarks

A brand is one of the most valuable intangible assets for any company, not only because it identifies its products or services, but also because it serves as a vehicle for building reputation, conveying values, and fostering consumer loyalty. But not all brands are the same, and a distinction has been made between those considered traditional—such as brand names and […]

How to Register Your Patent in Spain, Europe, or Worldwide: 2026 Guide

August 28, 2025

How to Register Your Patent in Spain, Europe, or Worldwide: 2026 Guide

Do you have an innovative idea and want to protect it legally? This guide explains everything you need to know about patents, both in Spain and internationally: what can be patented, the steps involved in filing a patent application, the differences between patents and other forms of protection such as utility models and trade secrets, and much more […]

Film Clearance: The Key to Ensuring Legal Certainty for Your Audiovisual Production

August 21, 2025

Film Clearance: The Key to Ensuring Legal Certainty for Your Audiovisual Production

In the audiovisual industry, every frame counts… including from a legal standpoint. A film or television production may include elements that, if not properly managed, can lead to claims, distribution hold-ups, or even legal action. That is why legal clearance is an essential step in any production. What is […]

How to Register a Trademark in 2026: A Quick Guide to Registration in Spain, Europe, and Worldwide

August 14, 2025

How to Register a Trademark in 2026: A Quick Guide to Registration in Spain, Europe, and Worldwide

Registering a trademark is essential for protecting the identity of your company, your products, or your services. This guide explains how to register your trademark in Spain, how to extend its protection throughout Europe or internationally, what can be registered, the legal implications of its use, and answers to the most common questions […]

The decisions of the Unified Patent Court also have effect in Spain

The decisions of the Unified Patent Court also have effect in Spain

Since its launch on June 1, 2023, the Unified Patent Court (UPC) has brought about a change in the resolution of patent disputes in Europe. Two years after it began operations, the European judicial system for […]

How to Protect Your Brand Against Online Piracy: 5 Essential Tips

In a business environment increasingly exposed to the online channel, Internet piracy has become a real threat to brands. It is no longer just about physical copies: today, product counterfeiting, illegal sales, and the unauthorized use of intangible assets result in losses amounting to millions and a serious […]

Changes to the International Trademark Registry in 2025: Libya, Iraq, Turkey, and the Bahamas

Changes to the International Trademark Registry in 2025: Libya, Iraq, Turkey, and the Bahamas

Legislative developments in the field of industrial property are an essential factor to consider when seeking to maintain or create a competitive advantage in any market. Recently, countries such as Libya, Iraq, Turkey, and the Bahamas have introduced significant reforms that directly impact how trademark registrations are managed and maintained within their respective systems. Libya: […]

Decathlon vs. Delta: Why Did the TGUE Uphold Easybreath's Community Design?

Decathlon vs. Delta: Why Did the TGUE Uphold Easybreath's Community Design?

On June 4, 2025, the General Court of the European Union (GCEU) upheld the validity of two Community designs registered by Decathlon for its popular Easybreath snorkel mask, dismissing the invalidity actions filed by the German company Delta-Sport Handelskontor GmbH. The decision, set forth in Cases T-1060/23 and T-1061/23, provides guidance […]

Energy Patents and Rare Earths: Legal Key Elements of a Booming Innovation

Energy Patents and Rare Earths: Legal Key Elements of a Booming Innovation

Technological innovation progresses at different rates depending on the sector. While some sectors, such as the automotive and aerospace industries, maintain a steady pace of evolution, others are undergoing rapid transformation. One of the most dynamic fields today is that of electricity generation and storage, where the volume of requests for […]

Patent Validation in Spain: Trends, Technical Translations, and Strategic Decisions

Patent Validation in Spain: Trends, Technical Translations, and Strategic Decisions

Over the past two years, Spain has seen steady growth in the number of European patent grants. According to the most recent data from the Spanish Patent and Trademark Office (OEPM), there was a 12.7% increase in 2024 compared to the previous year. This trend reflects a growing interest in […]

U.S. Grants Copyright to an AI-Generated Image

U.S. Grants Copyright to an AI-Generated Image

For the first time, the U.S. Copyright Office (USCO) has recognized copyright protection for an image generated by artificial intelligence. The work, titled *A Single Piece of Cheese*, marks a milestone in the history of intellectual property and sparks a debate about the future of copyright in […]

Lotus Bakeries' Red and White Trademark Rejected – Class 30

Lotus Bakeries' Red and White Trademark Rejected – Class 30

The EUIPO Board of Appeal concluded that the two colors and their combination lacked distinctiveness. The Court agreed that the trademark fell within the grounds for refusal set forth in Article 7(1)(b). The EUIPO was correct in referring to the relevant case law on color combinations, such as Heidelberger Bauchemie. In […]

Gender Equality in Law Firms: An Unresolved Challenge in the Legal Sector

Gender Equality in Law Firms: An Unresolved Challenge in the Legal Sector

Gender equality has been a key goal in recent years in the workplace. However, in the legal sector—and especially when it comes to becoming a partner in law firms—the gender gap remains a significant challenge. Although the number of women in the legal profession has grown exponentially, their […]

Counterfeit Medicines: Risks, Detection, and Prevention

Counterfeit Medicines: Risks, Detection, and Prevention

One in ten medicines on the market in developed countries is counterfeit or fails to meet the required quality standards, according to data from the World Health Organization (WHO). This alarming figure not only poses a serious risk to public health but also causes economic harm to the pharmaceutical industry and […]

Reform of the Industrial Design Law in the European Union: Key Changes and Opportunities for Protection

Reform of the Industrial Design Law in the European Union: Key Changes and Opportunities for Protection

The legal framework governing the protection of industrial designs in the European Union has been updated with the entry into force of Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This legislative reform marks a significant milestone in the harmonization and modernization of the system for the registration and protection of industrial designs and […]

5 Keys to Effective Management of Intellectual and Industrial Property at Cultural Festivals

5 Keys to Effective Management of Intellectual and Industrial Property at Cultural Festivals

Cultural and folk festivals are gathering places that promote cultural diversity and blend historical traditions with contemporary artistic expressions. From live music to graphic design, including the performing arts, audiovisual media, and traditional expressions, intangible assets are a fundamental pillar of these festivals, which makes […]

What are the 7 most valuable Spanish brands in the world?

Knowing a brand’s value is key to understanding its impact on the market and its relevance to consumers. The world’s most valuable brands stand out not only for their financial success but also for how consumers perceive them. Currently, according to Brand’s “Global 500” report […]

Tax Incentives for the Film Industry in Spain: Tax Deductions and the Role of AIE

Tax Incentives for the Film Industry in Spain: Tax Deductions and the Role of AIE

In recent years, tax incentives for the film industry have played a key role in Spain’s audiovisual sector. These incentives have not only fostered the creation of domestic productions but have also attracted major international co-productions, making Spain a prime destination for film shoots. In this article, we will discuss […]

The Fight Against Piracy in CrossFit: Brand Protection in Sports

Over the past decade, CrossFit has evolved from a trend in the field of functional training into a global discipline with millions of followers and more than 12,000 affiliated gyms worldwide. This expansion has been accompanied by a parallel phenomenon: the rise of piracy and counterfeiting in […]

Kafka, “The Trial,” and Copyright: A Perspective from Intellectual Property Law

Kafka, “The Trial,” and Copyright: A Perspective from Intellectual Property Law

April 26 marked the 100th anniversary of the publication of *The Trial*, one of Franz Kafka’s most iconic works. Its story, as relevant today as it was when it was first published, offers an unparalleled opportunity to reflect on the role of copyright and the value of […]

Risks Associated with the Use of Generative AI in the Legal Sector

Risks Associated with the Use of Generative AI in the Legal Sector

Generative artificial intelligence (AI), such as ChatGPT, is changing the way legal professionals perform their daily tasks, from drafting documents to conducting legal research. However, this technological advancement carries significant risks that lawyers and other legal professionals must take into account when using these tools. In […]

Cervantes and the Origins of Copyright: A Contemporary Reflection on Copyright and Artificial Intelligence

Cervantes and the Origins of Copyright: A Contemporary Reflection on Copyright and Artificial Intelligence

An analysis of Miguel de Cervantes’s work, particularly the Second Part of *Don Quixote*, offers a unique opportunity to reflect on the concept of copyright in today’s context, marked by the rise of Artificial Intelligence (AI) and the challenges it poses for intellectual property. Copyright in […]

MASC: What Changes with the Entry into Force of Organic Law 1/2025

MASC: What Changes with the Entry into Force of Organic Law 1/2025

No, this isn’t a science fiction movie. On April 3, Organic Law 1/2025 of January 7 on the efficiency of the public justice system came into effect with regard to the new Alternative Dispute Resolution Mechanisms (MASC). This means that, from now on, […]

5 Key Hotspots for Counterfeiting in Spain and How to Protect Your Brand

According to a recent report, Spanish companies in sectors such as fashion, cosmetics, and pharmaceuticals are losing “more than 10% of their revenue due to counterfeiting.” The problem is well documented. For example, in a New York Times report on street vendors selling counterfeit goods in Barcelona, the newspaper reported […]

SPTO Grants for Patents and Utility Models in 2025

SPTO Grants for Patents and Utility Models in 2025

The Spanish Patent and Trademark Office (OEPM) has announced a competitive grant program for 2025 aimed at promoting patent and utility model applications, both nationally and internationally. This initiative seeks to foster innovation and the use of industrial property for […]

Innovation and Patents: The Key Role of Industrial Property in the Fight Against Cancer

Innovation and Patents: The Key Role of Industrial Property in the Fight Against Cancer

Every breakthrough in the fight against cancer is driven by technological innovation. From immunotherapy to artificial intelligence applied to diagnosis, the development of new medical solutions is crucial to improving the prevention, detection, and treatment of this disease. In this context, the European Patent Office (EPO) has published the report […]

Little-Known Spanish Inventions and Discoveries: The Importance of Protecting Innovation

Little-Known Spanish Inventions and Discoveries: The Importance of Protecting Innovation

Throughout history, Spain has been the birthplace of great explorers, scientists, and inventors whose contributions have been pivotal in many fields of knowledge. However, in many cases, the recognition and fame for their discoveries and advances have been attributed to others, relegating these Spanish pioneers to oblivion. Why […]

Strategies for Registering and Differentiating a Wine Brand in the International Market

In the competitive world of wine, a brand represents much more than just a name: it is a promise of quality, a story, and a bridge to consumers. However, registering and protecting a wine brand in international markets is not simply an administrative formality. It is a comprehensive strategy that combines legal considerations, identity, and differentiation. […]

EUIPO Issues Decision in the MARICÓN PERDIDO Case

EUIPO Issues Decision in the MARICÓN PERDIDO Case

The case was referred to the Enlarged Board of Appeal of the EUIPO due to its legal complexity and significance. It was determined that the trademark “MARICÓN PERDIDO” would offend a significant portion of the general Spanish public, as it is considered a homophobic slur. The evidence submitted by the applicant did not demonstrate that the […]

Traditional Cultural Expressions and Traditional Knowledge: Challenges and How to Protect Them

Traditional Cultural Expressions and Traditional Knowledge: Challenges and How to Protect Them

Traditional cultural expressions (TCEs) and traditional knowledge (TK) are fundamental pillars of the identity and heritage of indigenous peoples and local communities. In a globalized world, where traditions are increasingly showcased at festivals, in international media, and on social media, ensuring their protection against misappropriation is a […]

Companies with industrial property rights are more profitable

February 27, 2025

Companies with industrial property rights are more profitable

In an increasingly competitive business environment, innovation and differentiation have become key factors for growth. A recent joint study by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO) confirms that companies that protect their creations through rights to […]

50 Years of the “Industrial Property Acts”: An Indispensable Legacy in Industrial Property

February 20, 2025

50 Years of the “Industrial Property Acts”: An Indispensable Legacy in Industrial Property

The world of industrial property law is celebrating: *Actas de Derecho Industrial* is turning 50. Since its first issue in 1975, this prestigious journal has been a key reference in the study and evolution of trademark, patent, and competition law, bringing together some of the best scholarly studies and analyses […]

February 19, 2025

Meghan Markle and Her Brand “As Ever”: The Dispute with the Town of Porreres

The Duchess of Sussex, Meghan Markle, recently announced her new business venture: “As Ever,” a brand about which few details are known but which has already sparked controversy in Spain. The reason: its logo bears a resemblance to the coat of arms of the City Council of Porreres, a small town in the Balearic Islands. The municipality, far […]

Pilot Project for Ex Officio Cancellation of Trademark Rights in Canada

February 13, 2025

Pilot Project for Ex Officio Cancellation of Trademark Rights in Canada

Since January 2025, the Canadian Intellectual Property Office (CIPO) has launched a pilot project for the ex officio cancellation of trademark rights, based on Section 45 of the Canadian Trademark Act. This mechanism allows the office to randomly select trademark registrations to subject them to […]

EUIPO 2025 Grants: Everything SMEs Need to Know About Industrial Property Grants

February 6, 2025

EUIPO 2025 Grants: Everything SMEs Need to Know About Industrial Property Grants

The European Union Intellectual Property Office (EUIPO) has announced the new call for proposals for the 2025 “Ideas Powered for Business” SME Fund, a grant program aimed at small and medium-sized enterprises (SMEs) in the European Union to promote the protection of their industrial and intellectual property assets. This initiative offers grants […]

Assistance for Those Affected by the DANA in Industrial Property

February 6, 2025

Trademark Protection in the Arab World: Key Internationalization Strategies

Arabic is the fifth most widely spoken language in the world, with about 274 million speakers, behind English, Mandarin Chinese, Hindi, and Spanish. It is currently the official language of at least 22 countries and is used as a business language in key nations such as Saudi Arabia, the United Arab Emirates, and Kuwait. What […]

Spain ranks fifth among European countries in terms of the lowest consumption of illegal content

January 30, 2025

Spain ranks fifth among European countries in terms of the lowest consumption of illegal content

Spain ranks among the European countries with the lowest consumption of illegal content online, coming in fifth place among the countries with the fewest views of this type of material. According to the latest report from the European Union Intellectual Property Office (EUIPO) on online piracy, users […]

3 Legal Challenges in Protecting Wine Trademarks Abroad and How to Address Them

January 23, 2025

3 Legal Challenges in Protecting Wine Trademarks Abroad and How to Address Them

Spanish wine has earned a prominent place in international markets thanks to its quality and rich tradition. However, taking a wine brand abroad is not simply a matter of standing out for its organoleptic characteristics or an effective marketing strategy. One of the biggest challenges lies in ensuring […]

The Risks of Counterfeit Toys: A Silent Threat to Consumers and the Economy

January 21, 2025

The Risks of Counterfeit Toys: A Silent Threat to Consumers and the Economy

Product counterfeiting is a problem that affects various sectors, but when it comes to toys, the implications are even more serious. These items are intended for young children, and any defect or failure to meet quality standards can have devastating consequences. Among the most commonly counterfeited toys are dolls, […]

Fraud Protection: Tips for Trademark and Trade Name Owners

January 15, 2025

Fraud Protection: Tips for Trademark and Trade Name Owners

In the world of intellectual property, companies that own trademarks and trade names are constantly exposed to risks and fraud. One of the most common risks is the sending of fraudulent payment requests. These practices can also be difficult to identify, as scammers imitate official communications from entities such as the Spanish Office […]

Mobile World Congress 2025: Preparations and Protective Measures Regarding Industrial and Intellectual Property for Exhibitors

January 13, 2025

Mobile World Congress 2025: Preparations and Protective Measures Regarding Industrial and Intellectual Property for Exhibitors

The annual Mobile World Congress, the world's largest mobile phone and technology trade show, is fast approaching. As usual, the event will take place at the Fira de Barcelona exhibition center over four days, beginning this year on Monday, March 3, and concluding on Thursday, March 6 […]

25th Anniversary of Law 1/2000 of January 7, on Civil Procedure

January 9, 2025

25th Anniversary of Law 1/2000 of January 7, on Civil Procedure

Some procedural reforms are merely stopgap measures designed to correct deficiencies in the system or to fill gaps that have been revealed by judicial practice. Others, however, are so far-reaching that they forever transform the nature of litigation or the organization of the judiciary. As if it were a Three Kings’ Day gift, […]

Film and Generative Artificial Intelligence: Challenges and Opportunities for the Audiovisual Industry

January 2, 2025

Film and Generative Artificial Intelligence: Challenges and Opportunities for the Audiovisual Industry

Artificial intelligence (AI) has been transforming our lives for decades through automation and mechanization. From personalized ads to algorithms on platforms like Netflix, this technology is already part of our daily lives. However, generative AI has brought about a paradigm shift by being able to create content on its own, generating […]

Passenger Registration: A Challenge for Data Protection in the Tourism Sector

December 26, 2024

Passenger Registration: A Challenge for Data Protection in the Tourism Sector

The entry into force of Royal Decree 933/2021 has brought data protection in the tourism sector into the spotlight. The requirement to collect and retain a large volume of sensitive information about travelers for three years has raised concerns among experts, who warn of privacy risks and potential […]

Counterfeiting in the Wine Industry: Economic and Health Impacts, and How to Combat It

December 19, 2024

Counterfeiting in the Wine Industry: Economic and Health Impacts, and How to Combat It

The wine market, like other products with a protected designation of origin or protected geographical indication, faces a growing threat: counterfeiting. This problem is becoming increasingly common in the wine industry given the high demand and the considerable prices that some wines can reach. In addition, the relative ease […]

New Code of Conduct: A Step Forward in Data Protection in the Telecommunications Sector

December 13, 2024

New Code of Conduct: A Step Forward in Data Protection in the Telecommunications Sector

The telecommunications sector in Spain is taking an important step toward self-regulation with the implementation of the new Code of Conduct. The AEPD and Autocontrol have launched a new mediation system, which took effect on December 17, to resolve data protection disputes within the sector out of court. More […]

New Regulations to Protect Industrial Designs in the EU: Everything You Need to Know

December 12, 2024

New Regulations to Protect Industrial Designs in the EU: Everything You Need to Know

On October 10, 2024, the Council of the European Union approved a package of legislative reforms aimed at improving the protection of industrial designs. This includes a new regulation amending Council Regulation (EC) No. 6/2002 on Community designs, as well as a […]

What is celebrated on December 6? Spanish Constitution Day

December 6, 2024

What is celebrated on December 6? Spanish Constitution Day

Spanish Constitution Day, celebrated every year on December 6, is one of the most significant dates on the democratic calendar. On this day, we commemorate the approval by popular referendum of the 1978 Spanish Constitution, which laid the foundation for the democratic system we enjoy today. But what is […]

EUIPO: A notice of loss of rights is not subject to appeal

December 5, 2024

EUIPO: A notice of loss of rights is not subject to appeal

The owner of a Community trademark registration that had expired due to failure to renew filed an appeal against the notice informing him of that expiration. Since the owner did not file a statement of reasons within the prescribed time limit, the appeal was deemed inadmissible. Furthermore, since the notice was not a […]

Assistance for Those Affected by the DANA in Industrial Property

December 4, 2024

Assistance for Those Affected by the DANA in Industrial Property

The recent cold low-pressure system that affected Valencia and other municipalities has had a significant impact on businesses and individuals. In light of this situation, the OEPM and the EUIPO have implemented specific measures to mitigate the effects and support recovery in key areas such as industrial property. 1. Fee Waiver at the Spanish Office of […]

St. John's Wort: The Intellectual Property Behind This "Magical" Plant

November 27, 2024

St. John's Wort: The Intellectual Property Behind This "Magical" Plant

July 27 marked the 40th anniversary of the Regulation on the Protection of the Rights of Plant Breeders, a system administered by the Community Plant Variety Office (CPVO), a European Union agency with its own legal personality. And to celebrate this anniversary, we’re going to take a look back at a unique plant variety […]

10 Movies in Which Industrial and Intellectual Property Takes Center Stage

November 20, 2024

10 Movies in Which Industrial and Intellectual Property Takes Center Stage

Intellectual and industrial property, although it may seem like an abstract or technical concept, is a fundamental force that drives innovation and development in numerous sectors. This set of rights includes various forms of protection, such as patents, which ensure that inventors can obtain exclusive rights to their technical inventions; the rights to […]

Is it legal to sell merchandise featuring Trump's image following the attack in Pennsylvania?

November 12, 2024

Is it legal to sell merchandise featuring Trump's image following the attack in Pennsylvania?

On July 13, Donald Trump survived an assassination attempt while delivering a speech at a rally in Pennsylvania. Just a few hours later, T-shirts and other merchandise featuring an image of the triumphant candidate—with his fist raised—were already being sold after he emerged unscathed from the attack. Is it appropriate to sell these products […]

The Patent Boom of the 19th Century: The Top 5 Most Innovative Sectors of the Era

November 7, 2024

The Patent Boom of the 19th Century: The Top 5 Most Innovative Sectors of the Era

One of the most important factors in the progress and development of civilizations is the ability of resourceful people to innovate and create tools and processes that improve the quality of life or manufacturing processes. The last quarter of the 19th century was marked by a major boom in the field of […]

Unitary Patent or Traditional Patent Validation System?

October 31, 2024

Unitary Patent or Traditional Patent Validation System?

The Unitary Patent (UP) system is a patent title that, through a single legal action, grants protection with the same effects in each and every participating Member State. Since Romania’s recent accession to this system on September 1, there are now 18 participating Member States. It is worth noting […]

The Supreme Court Upholds Tax Deductions for R&D&I

October 24, 2024

The Supreme Court Upholds Tax Deductions for R&D&I

We have recently learned of the Supreme Court’s (SC) decision, which represents a very significant update regarding tax deductions for technological innovation and sets an important precedent. The SC has ruled that the Ministry of Science’s report on tax deductions for technological innovation is binding on the tax authorities. Consequently, all those who […]

VAR and VOR in Patent Law: The Oral Hearing

October 18, 2024

VAR and VOR in Patent Law: The Oral Hearing

In 2017, soccer adopted video assistant referee (VAR) and video on-field referee (VOR) technology to reduce the likelihood of referees making mistakes in their decisions. Well, let’s use this soccer analogy to explain the role of a procedure in our industry that we could consider “the VAR of patents.” It’s been […]

Somalia & Somaliland: Trademark Law in the Heart of the Horn of Africa

October 10, 2024

Somalia & Somaliland: Trademark Law in the Heart of the Horn of Africa

Nearly 33 years after the closure of Somalia’s Intellectual Property Office—a consequence of the devastating civil war and the collapse of one of the world’s most unstable states—the Somalia Intellectual Property Office (hereinafter SIPO) has resumed operations in Mogadishu, as a result of […]

Romania Joins the Unitary Patent System

October 3, 2024

Romania Joins the Unitary Patent System

On September 1, 2024, the agreement on Romania’s accession to the Unitary Patent System (UP) entered into force. This means that all European patents with unitary effect now automatically cover Romania. With this new accession, there are now 18 European Union member states participating […]

The Origins of Patents in Spain: 500 Years of Protecting Inventions

September 26, 2024

The Origins of Patents in Spain: 500 Years of Protecting Inventions

From Privileges and the Royal Conservatory of Arts and Crafts to the OEPM The history of invention registration in Spain is a fascinating account of our country’s development, dating back more than 500 years: as early as 1478, so-called “invention privileges”—titles granted by the King—were being awarded, […]

20 Years of the EU Trademark and Design Court: Future Challenges in the Wake of Brexit

September 20, 2024

20 Years of the EU Trademark and Design Court: Future Challenges in the Wake of Brexit

After reviewing the achievements and evolution of the European Union Trademark and Design Court, in this fourth and final installment marking its 20th anniversary, we will reflect on the challenges facing this judicial body in the current context. With the United Kingdom’s departure from the European Union, the court […]

The Boom in Generative Artificial Intelligence Patents

September 18, 2024

The Boom in Generative Artificial Intelligence Patents

Artificial Intelligence (AI) is experiencing an unprecedented boom, driven by its ability to take on new functions. This versatility allows AI to be incorporated into more areas of everyday life, from technology and science to healthcare, entertainment, and especially the development of new computer applications. The boom […]

20 Years of the EU Trademark and Design Court: The Achievements of Specialization

September 13, 2024

20 Years of the EU Trademark and Design Court: The Achievements of Specialization

To mark the 20th anniversary of the EU Trademark and Design Court, last week we examined the evolution of this court. To continue this commemorative series, this week we will take a closer look at the achievements made possible by its specialization. Over the years, the Alicante-based court has established a solid body of case law […]

Does your company operate in Guernsey? Find out how to protect your trademarks in this jurisdiction

September 12, 2024

Does your company operate in Guernsey? Find out how to protect your trademarks in this jurisdiction

Almost inevitably, following our article on trademark protection in Jersey, it was only natural to write a few lines about its neighbor, the Bailiwick of Guernsey. If you conduct business or provide services in this jurisdiction, this post may be of interest to you, and you might even consider how to protect your trademarks there as well. Guernsey: an independent jurisdiction […]

20 Years of the EU Trademark and Design Court: Its Evolution and Subsequent Expansion

September 6, 2024

20 Years of the EU Trademark and Design Court: Its Evolution and Subsequent Expansion

In light of the recent anniversary of the EU Trademark and Design Court, in our first installment we explored how the decision to establish this court in Alicante came about. In this second installment, we will analyze the many changes the Court has undergone during its 20 years of existence. How has it evolved both […]

Ruling in the Motorola v. Hytera Case: Implications for Spanish Companies Regarding the Protection of Trade Secrets

September 5, 2024

Ruling in the Motorola v. Hytera Case: Implications for Spanish Companies Regarding the Protection of Trade Secrets

Violating trade secrets of U.S. companies could land you in U.S. court. A ruling recently issued by the Seventh Circuit of the U.S. Court of Appeals in a case involving the infringement of trade secrets under the Defend Trade Secrets Act (DTSA) is set to have implications for transatlantic trade relations. […]

20 Years of the EU Trademark and Design Court: Spain's Commitment to Alicante

September 2, 2024

20 Years of the EU Trademark and Design Court: Spain's Commitment to Alicante

September 1 marks the 20th anniversary of the launch of the European Union Trademark and Design Court, based in Alicante. At ELZABURU, we were closely involved in the launch of this court, where we have been active from the very beginning. For this reason, we will be celebrating its anniversary throughout the […]

Qatar: New Accession to the Madrid Protocol for the International Registration of Trademarks

August 29, 2024

Qatar: New Accession to the Madrid Protocol for the International Registration of Trademarks

Qatar, the Pearl of the Gulf As Ignacio Álvarez-Ossorio and Ignacio Gutiérrez de Terán—two renowned experts on the Middle East—state in the title of one of their latest works, “Qatar, the Pearl of the Gulf,” Qatar—or “Catar,” as recommended by the RAE—is undoubtedly one of them, and that is why it is becoming increasingly attractive to our companies […]

Registering Soccer Celebrations: A Strategic Move in Industrial Property

August 22, 2024

Registering Soccer Celebrations: A Strategic Move in Industrial Property

With the start of the 2024–2025 La Liga season in Spain, soccer fans are eagerly awaiting what stars like Kylian Mbappé will bring to the field. But beyond the goals and plays, there is a growing phenomenon in the world of soccer that is attracting attention not […]

This month, let's talk about trademark protection in Jersey

August 15, 2024

This month, let's talk about trademark protection in Jersey

Does your EU trademark provide protection on the island of Jersey? The answer is no. According to our expert partners in the region, Jersey has not been protected by the EU trademark since April 2009. Why? Because Jersey’s new Trademark Act of 2000 did not provide for […]

How can you protect the results of your research project?

Industrial Property in Spain: SPTO Report Highlights Increase in Patents and Industrial Designs

The Spanish Patent and Trademark Office (OEPM) has published its annual report, “The OEPM in Figures 2023,” providing a detailed overview of activities related to the protection of industrial property in Spain. This report reflects significant growth in industrial property in Spain, highlighting a 10.4% increase in applications […]

Renewable energy patents increase by 150%

Renewable energy patents increase by 150%

In recent years, the search for more sustainable energy sources has significantly boosted the installation of solar photovoltaic systems worldwide, with China leading this growth. This increase has been accompanied by a significant rise in patent applications to protect these innovations. The challenge going forward will no longer be just to generate more energy, but […]

Renewable energy patents increase by 150%

Good news for Skechers on appeal, as the EUIPO grants the trademark consisting of a figure behind a general prohibition sign

The examiner rejected the application on the grounds that the trademark lacked distinctiveness, finding, in particular, that the message conveyed was informative. On appeal, Skechers argued, among other things, that there was no connection between “footwear” and the sign. The Board of Appeal recognized the distinctiveness of the sign, finding that it did not represent the goods for […]

Renewable energy patents increase by 150%

The TUP Marks Its First Year of Operation

June 1 marked the first anniversary of the launch of the Unified Patent Court (UPC). And although it got off to a start amid considerable uncertainty regarding its acceptance and operation, it appears to be overcoming some initial problems and gradually finding its footing. Its decisions have an impact on the […]

New Regulatory Royal Decree for Influencers: When Someone Is Considered an Influencer, and What Their Rights and Obligations Are

New Regulatory Royal Decree for Influencers: When Someone Is Considered an Influencer, and What Their Rights and Obligations Are

In an effort by lawmakers to bring Spain’s legal framework up to date with the new dynamics of the audiovisual market—which has been significantly affected by technological advancements and the emergence of new players—Royal Decree 444/2024 (“RD”), which was approved on April 30 by the Council of Ministers, entered into force on May 2, and […]

The EDPB's opinion on "pay or consent" could have a significant impact

The EDPB's opinion on "pay or consent" could have a significant impact

The European Data Protection Board has finally weighed in on the controversy surrounding the “pay or OK” policy introduced in Europe last year by Meta, the company that owns Facebook and Instagram. The Board, known by the acronym EDPB, concludes that the procedure used by the tech giant in an attempt to comply […]

New regulations on geographical indications for agricultural products, wines, and spirits, as well as other quality designations in the European Union.

New regulations on geographical indications for agricultural products, wines, and spirits, as well as other quality designations in the European Union.

Yesterday, April 23, 20024, Regulation (EU) 2024/1143 of the European Parliament and of the Council, amending the system governing geographical indications in the European Union, was published in the Official Journal of the European Union (OJEU). This regulation repeals Regulation (EU) No. 1151/2012 on the quality of agricultural products and foodstuffs, which governed geographical indications […]

The Supreme Court Upholds Tax Deductions for R&D&I

The New Conditions for De Minimis Aid

State funding that meets the criteria specified in Article 107(1) of the Treaty on the Functioning of the European Union constitutes state aid and must be notified to the European Commission in accordance with Article 108(3) of the Treaty. However, in accordance with Article 109 of the Treaty, the Council may […]

Cancer: It's been hit, and soon it'll be sunk!

February 23, 2024

Cancer: It's been hit, and soon it'll be sunk!

When my father was diagnosed with cancer at the most advanced stage, stage IV, a member of the Palliative Care Unit staff asked him what he thought. “When it’s your turn, it’s your turn,” he replied. Indeed, there is an element of chance. But there’s also a lot of science involved. As you read these lines, your cells are dividing […]

With just a few weeks to go before the start of the 2024 Mobile World Congress, February 1 marks the entry into force of the Protocol on On-Call Duty and Rapid Response for the Courts of Barcelona and Alicante

January 24, 2024

With just a few weeks to go before the start of the 2024 Mobile World Congress, February 1 marks the entry into force of the Protocol on On-Call Duty and Rapid Response for the Courts of Barcelona and Alicante

The annual Mobile World Congress, the world’s largest mobile phone and technology trade show, is fast approaching. As usual, the event will take place at the Fira de Barcelona exhibition center over four days, beginning on Monday, February 26, and ending on Thursday, February 29. Given that […]

Trademark Protection at the Spanish Border: Ideas and Strategies from the Front Lines

January 15, 2024

Trademark Protection at the Spanish Border: Ideas and Strategies from the Front Lines

As part of this series, we now turn our attention to Spain, delving into the complexities of trademark protection challenges and the best solutions at the country’s borders and points of entry. Juan José Caselles, Head of the Anti-Counterfeiting Department at Elzaburu, shares his insights on fostering effective collaboration with the […]

December 19, 2023

10 Strategic Keys to Internationalizing a Brand

In an increasingly globalized world, any brand that is successful in its home country may seek to grow by adapting its business model to other markets. In such cases, it is very important to develop an effective strategy for internationalization, protection—and, in some cases, exploitation—of the brand, or even for defending it against […]

AEPD Guide on Attendance Tracking Using Biometric Systems.

November 28, 2023

AEPD Guide on Attendance Tracking Using Biometric Systems.

On November 24, the Spanish Data Protection Agency (AEPD) published its Guide on Attendance Tracking Using Biometric Systems. The truth is that, following several reports and guidelines from other supervisory authorities, the sector was eagerly awaiting the Agency’s final stance, which until […]

How can you protect the results of your research project?

November 21, 2023

How can you protect the results of your research project?

Whether you’re a freelance professional, an SME, a large engineering firm, a research institute, or a university, you’ve likely wondered how to capitalize on the results of your R&D efforts and investments. Developing technologies that are suitable for industrial application and offer solutions to a wide range of technical problems does not […]

What is the assessment of the first five months of the Unified Patent Court and the unitary patent?

November 2, 2023

What is the assessment of the first five months of the Unified Patent Court and the unitary patent?

The Unified Patent Court (UPC) and the Unitary Patent came into effect on June 1, 2023, so it is now possible to obtain some data and conduct a preliminary assessment. As for the Unitary Patent, requests for unitary effect to date have exceeded 13,000, which […]

The 10-day extension for EPO communications is coming to an end—are you ready?

October 10, 2023

The 10-day extension for EPO communications is coming to an end—are you ready?

On October 13, 2022, the Administrative Council of the European Patent Organization adopted a series of amendments to the Implementing Regulations of the European Patent Convention (EPC). Among these amendments are those affecting the rules governing notifications issued by the European Patent Office […]

Trademark Registration in South Sudan.

August 25, 2023

Trademark Registration in South Sudan.

South Sudan, with its capital in Juba, seceded from Sudan (with its capital in Khartoum) on December 5, 2005. However, official independence did not occur until January 2011, when South Sudan became the world’s youngest country to date, and also one of the […]

unitary patent

The unitary patent

The system known as the “European Patent with Unitary Effect” (or “Unitary Patent,” as it is colloquially referred to) entered into force on June 1, 2023. This system consists of two European Union Regulations (EU 1257/2012 and EU 1260/2012), which establish: the creation of a European patent with unitary effect for […]

World Anti-Counterfeiting Day.

World Anti-Counterfeiting Day.

Today, as on every June 8, we celebrate World Anti-Counterfeiting Day—the perfect occasion to discuss the harm caused by this scourge. In Spain, there is a tendency to think that counterfeit goods are always associated with luxury products from major global companies, but the reality is quite different. The sale of […]

Commission Recommendation on Combating Online Piracy of Sports Content and Other Live Events.

Commission Recommendation on Combating Online Piracy of Sports Content and Other Live Events.

On May 24, Recommendation (EU) 2023/1018 on combating commercial-scale online piracy of sports content and other live events, such as concerts and theatrical performances, was published in the Official Journal of the EU. This Recommendation encourages Member States, national authorities, rights holders […]

The General Court rules on the classification of subcategories of goods and services.

The General Court rules on the classification of subcategories of goods and services.

The General Court has issued a judgment in Case T-358/21, Hotel Cipriani SpA v. European Union Intellectual Property Office – Altunis-Trading, Gestão e Serviços, Sociedade unipessoal, Lda, highlighting several relevant issues regarding the concept of genuine use of a specific subcategory of goods. In that judgment, the Court provides guidance on how to […]

Grant Program to Promote Patent Applications.

Grant Program to Promote Patent Applications.

In the development of any business, it is essential today to incorporate an appropriate strategy for protecting a company’s intangible assets into its strategic plan. This not only provides protection in the market against potential attempts by third parties to copy the company’s assets, but also facilitates access to financing by […]

European Commission Proposal for Three New Regulations on Patents.

European Commission Proposal for Three New Regulations on Patents.

The European Commission has just unveiled a proposal for three new regulations of significant importance in the field of patent law. The proposal was drafted following an extensive consultation process with stakeholders, which was launched after the publication in November 2020 of the Commission’s Action Plan on […]

Myanmar Trademark Registration: Second and Third Phases of the Procedure.

Myanmar Trademark Registration: Second and Third Phases of the Procedure.

Much has happened since the Republic of Myanmar announced in 2019 the enactment of what would be its first modern trademark law. The country has weathered a pandemic, is grappling with a civil war that remains unresolved in light of the recent atrocious attacks, and we are […]

The U.S. Patent and Trademark Office is joining the trend of issuing electronic certificates.

The U.S. Patent and Trademark Office is joining the trend of issuing electronic certificates.

Effective April 18, 2023, the U.S. Patent and Trademark Office will stop issuing paper patent certificates and will issue them electronically instead. For other types of industrial property (such as trademarks), electronic issuance of certificates has already been in effect since last year. This means that […]

The Supreme Court does not consider the teacher from “Cifras y Letras” to be a performing artist

The Supreme Court does not consider the teacher from “Cifras y Letras” to be a performing artist

On January 25, 2023, the Supreme Court put an end to the controversy surrounding the long-running television show “Cifras y Letras.” The controversy began in 2016 with a lawsuit filed by the “expert” professor on the “Cifras y Letras” program against ARTISTAS INTÉRPRETES, SOCIEDAD DE GESTIÓN (AISGE), the collecting society for […]

Jorge Luis Borges: A Fervent Centennial

Jorge Luis Borges: A Fervent Centennial

Around this time, about a hundred years ago, Jorge Luis Borges published his first book, *Fervor de Buenos Aires*. It is no ordinary work. Borges himself would say decades later that *Fervor de Buenos Aires* “foreshadows everything he would go on to do.” But almost all of his subsequent books—without wishing to contradict the Argentine genius—[…]

Royal Decree on Grants for the ICEX-Brexit Program

Royal Decree on Grants for the ICEX-Brexit Program

Since the United Kingdom left the European Union—and despite its internal and economic crises—it has remained the top destination for Spanish investment. There is no doubt that, whatever the case may be, the United Kingdom has played, plays, and will continue to play an essential role on the world stage, even ranking high in terms of economic interest […]

Whistleblower Protection Act.

February 23, 2023

Whistleblower Protection Act.

On February 21, the long-awaited Whistleblower Protection Act (Law 2/2023 of February 20, regulating the protection of persons who report regulatory violations and combat corruption) was published in the Official State Gazette (BOE). This law transposes Directive 2019/1937 of October 23, 2019, concerning […]

"Reality shows" are also eligible for tax deductions.

February 23, 2023

"Reality shows" are also eligible for tax deductions.

The tax benefits available for audiovisual production and the production of performing arts and musical performances are currently a central component of the funding process for these projects. However, until now, it was unclear whether “reality shows” could take advantage of these benefits. The General Directorate of Taxes has clarified this issue with Resolution […]

Whistleblower Protection Act: Key Data-Related Issues.

February 22, 2023

Whistleblower Protection Act: Key Data-Related Issues.

After months of uncertainty following the release of the draft bill and several amendments in the Senate, the Whistleblower Protection Act was published in the Official State Gazette on February 21, 2023, as Law 2/2023 of February 20, regulating the protection of individuals who report […]

The Madrid audience makes its move!

February 20, 2023

The Madrid audience makes its move!

In the Official State Gazette (BOE) published last Wednesday, February 15, the newly created Section 32 of the Provincial Court of Madrid was finally designated as the specialized section to hear, as the court of sole instance, appeals against decisions of the Spanish Patent and Trademark Office (OEPM) that have exhausted administrative remedies, in […]

Tax Changes to Align with the Provisions of the Artists' Statute - Reduction in Withholding Tax Rates.

February 3, 2023

Tax Changes to Align with the Provisions of the Artists’ Statute – Reduction in Withholding Tax Rates.

We analyze the recently published Royal Decree 31/2023, dated January 24, which amends the Personal Income Tax Regulations to comply with the measures contained in the Artists’ Statute regarding withholding taxes. On September 6, 2018, the Plenary Session of the Congress of […]

Reminder: The Shift of Nullity and Lapse Actions Out of the Courts in Spain.

January 11, 2023

Reminder: The Shift of Nullity and Lapse Actions Out of the Courts in Spain.

On January 14, 2023, a new regulation governing invalidity and revocation proceedings in Spain will take effect, under which the Spanish Patent and Trademark Office (OEPM) will have jurisdiction to hear and decide invalidity and revocation proceedings relating to trademark and trade name registrations. […]

MWC 2023 Barcelona: Ready to Go!

January 9, 2023

MWC 2023 Barcelona: Ready to Go!

The challenges, risks, and opportunities for exhibitors and holders of patents, trademarks, and designs are back as the MWC takes place in Barcelona in late February 2023! With its proverbial punctuality, the “Barcelona Commercial Court,” together with the Trademark and Design Courts of the […]

The Challenges of AI and Copyright.

January 9, 2023

The Challenges of AI and Copyright.

The recent class-action lawsuit filed against GitHub, Microsoft, OpenAI, and OpenAI Codex, seeking $9 billion, is evidence of a problem that was bound to arise for #artificialintelligence: its development may infringe on #copyright, and great care must be taken. The lawsuit challenges the legality of using GitHub repositories for […]

Belize: New entry in the Madrid System.

January 9, 2023

Belize: New entry in the Madrid System.

Belize, a small country in the northeastern corner of Central America that is a member of the Commonwealth and uses English as its official language, has just announced that it will join the Madrid System effective February 24, 2023. This small Central American country will become the 129th member of the System, which already […]

The Startups Act: A Tool to Support Innovation.

January 4, 2023

The Startups Act: A Tool to Support Innovation.

On November 3, the Congress of Deputies approved the Bill to Promote the Startup Ecosystem, better known as the Startup Act. It was finally enacted on December 21 and took effect upon its publication in the Official State Gazette (BOE) the following day. This law has the following objectives […]

The unitary patent: a new reality for 2023

December 23, 2022

The unitary patent: a new reality for 2023

The system known as the “European Patent with Unitary Effect” (or “Unitary Patent,” as it is colloquially referred to) is expected to become a reality in the first half of 2023. This system consists of two European Union Regulations (EU 1257/2012 and EU 1260/2012), which establish: the creation of a European patent with unitary effect […]

Key Provisions of the Business Creation and Growth Act

December 15, 2022

Key Provisions of the Business Creation and Growth Act

On October 19, 2022, Law 18/2022 of September 28 on Business Creation and Growth entered into force following its approval by the Spanish Parliament. Its main objectives are as follows: To improve the business climate to promote business creation and growth through the adoption […]

Exhaustion of trademark rights in the case of the resale of refillable products with replaced labels.

November 30, 2022

Exhaustion of trademark rights in the case of the resale of refillable products with replaced labels.

As of yesterday, the Court of Justice has issued another ruling on the exhaustion of trademark rights in cases involving the resale of the original product. The ruling stems from a preliminary ruling requested by a Finnish court in the context of a dispute between “SodaStream” and MySoda Oy regarding an alleged infringement […]

Will the U.S. Supreme Court rein in the algorithm?

November 23, 2022

Will the U.S. Supreme Court rein in the algorithm?

Last Monday, the U.S. Supreme Court agreed to hear a lawsuit against Google LLC that essentially seeks to establish a uniform legal standard regarding the U.S. Communications Decency Act (CDA): whether Section 230 protects the “recommendations” made by platforms such as YouTube, or whether […]

It's not so easy to back down when facing a lawsuit for infringement of European Union trademark rights

October 19, 2022

It's not so easy to back down when facing a lawsuit for infringement of European Union trademark rights

The judgment of the Court of Justice of the European Union (“CJEU”) dated October 13, 2022, in Case C-256/21 reveals that filing a lawsuit for infringement of a European Union trademark carries risks. If the trademark is vulnerable in terms of its validity, its owner risks having the […]

An Overview of Commercial Litigation Involving Foreign Companies in Shanghai

October 11, 2022

An Overview of Commercial Litigation Involving Foreign Companies in Shanghai

On September 29, 2013, the China (Shanghai) Pilot Free Trade Zone (FTZ) was established in the Pudong New Area, covering 120.72 km². It is a regional free trade zone established by the Chinese government. By the end of 2019, the FTZ (i) had attracted more than […]

Back to the private copying levy: one step forward, none backward

September 27, 2022

Back to the private copying levy: one step forward, none backward

The case law of the Court of Justice regarding the Spanish private copying levy is on its way to becoming a soap opera—were it not for the significance of each new ruling. It is curious to note that nothing satisfies either side and that the preliminary ruling has become a common recourse for […]

Do you own a drone? Do you know which regulations apply to it?

September 21, 2022

Do you own a drone? Do you know which regulations apply to it?

Changes to regulations through European directives affecting drones have been significant, and it is important to stay alert to changes that will be introduced in the near future, especially when drone use goes beyond mere entertainment and becomes a professional activity. In this regard, the basic regulations […]

Trademark Registration Obtained Through Other Improper Means: PRC Supreme Court Ruling on "Penfolds" (2021)

September 14, 2022

Trademark Registration Obtained by Other Improper Means: Supreme People’s Court of the People’s Republic of China Ruling on “Penfolds” ((2021) Supreme Court Administrative Rehearing No. 252)

[Background] In July 2012, Dongfang Mingri (Jinjiang) Import & Export Co. (“Dongfang Mingri”) filed an application to register the word mark “奔富酒园” (in English: BEN FU WINERY, No. 11157214) in Chinese characters, which was granted in December 2015, designating, among other things, goods such as “wine, brandy” in Class 33. After registration, Dongfang Mingri […]

Another Step Toward the Jurisdictional Deconstruction of Industrial Property

September 7, 2022

Another Step Toward the Jurisdictional Deconstruction of Industrial Property

In recent years, trademark and patent law has become a real thorn in the side of the legal system. Yesterday’s issue of the Official State Gazette (BOE), dated July 28, right at the close of the judicial year, provides us with a new example of this peculiar phenomenon. Organic Law 7/2022, passed by Parliament, introduces […]

New Jurisdictional Developments Regarding the Invalidity and Expiration of Trademarks

September 1, 2022

New Jurisdictional Developments Regarding the Invalidity and Expiration of Trademarks

In just a few months, early next year, a significant legislative reform affecting the procedures for the invalidation and expiration of Spanish trademarks will take effect in Spain: these proceedings, which have traditionally been handled by civil courts, will now be managed by the Spanish Patent and Trademark Office (OEPM). They will be brought into line […]

The General Court upholds the likelihood of confusion between the POLO CLUB trademarks

August 26, 2022

The General Court upholds the likelihood of confusion between the POLO CLUB trademarks

In a recent judgment handed down in Case T-355/21, the General Court of the EU upheld the refusal of the figurative trademark “Polo Club Düsseldorf Est. 1976” for goods in Classes 18 and 25 on the grounds that it was incompatible with the earlier Spanish trademark “POLO CLUB” (fig) for the same goods. In the judgment, the Court […]

Patent Dispute Between Automakers and Mobile Communications Technology Providers

Patent Dispute Between Automakers and Mobile Communications Technology Providers

A German court has banned the sale and production in Germany of Ford cars capable of connecting to the Internet as part of a lawsuit alleging infringement of wireless technology patents. The ruling also orders the recall and destruction of the vehicles currently at Ford dealerships. The ruling may still be appealed. […]

Artificial Intelligence: A Challenge for Intellectual Property

Artificial Intelligence: A Challenge for Intellectual Property

Artificial Intelligence (AI) is changing the world we live in. The ability of AI algorithms to analyze vast amounts of data, make connections between them, draw conclusions, and even solve specific tasks by combining the knowledge gained from data analysis is leading to the emergence of computer applications and/or devices that solve […]

Adapting the description to the claims of a European Patent Application

Adapting the description to the claims of a European Patent Application

One feature that distinguishes the European Patent Office from the rest of the IP5 is the requirement to align the description of a patent application with the claims as a prerequisite for granting the patent. Although this requirement has been in place for several years, its specific requirements have varied over […]

MARY'S MEALS, a simple and effective solution to hunger

MARY’S MEALS, a simple and effective solution to hunger

Mary’s Meals is a charitable foundation founded by Magnus MacFarlane-Barrow that feeds more than 2 million children while they are at school in the world’s poorest regions. This changes the children’s lives—not only because it combats hunger in a simple and effective way, but also because it motivates them to […]

Grants for Innovation Related to Technologies for the Metaverse and Web3 in the Audiovisual Sector

Grants for Innovation Related to Technologies for the Metaverse and Web3 in the Audiovisual Sector

The State Secretariat for Telecommunications and Digital Infrastructure, as part of the Plan to Promote the Audiovisual Sector (Spain Audiovisual Hub), has published a call for grant applications for experimental development and process innovation projects using technologies related to the Metaverse and Web 3, for a total amount of 3.8 million […]

Everything You Need to Know About the Business Creation and Growth Act

The Business Creation and Growth Act, which has just been approved by the Congress of Deputies and will be sent to the Senate for consideration, has the following main objectives: To improve the business climate to promote business creation and growth through the adoption of measures to […]

APIRETAL vs. APIAL: The test of popularity doesn't last forever.

APIRETAL vs. APIAL: The test of popularity doesn't last forever.

The EUIPO rejected Laboratorios ERN’s opposition to the registration of APIAL in classes 3, 4, and 5, based on the earlier trademark APIRETAL in class 5. The Court found that there was a low degree of similarity between the signs, and no similarity or a low degree of similarity between the goods. […]

With Chile's accession, the Americas have expanded the list of countries participating in the Madrid System for the International Registration of Trademarks.

With Chile's accession, the Americas have expanded the list of countries participating in the Madrid System for the International Registration of Trademarks.

On April 4, 2022, the Chilean government deposited its instrument of accession to the Madrid Protocol, which allows trademark owners to opt for international trademark registration to extend their rights globally. Chile, one of the most economically and politically stable and robust countries on the continent—vast and rich in resources […]

Labor Reform and the Artists' Statute.

The year 2021, which was particularly eventful in every respect, culminated in one of the most widely publicized reforms: the labor reform approved by the Council of Ministers through Royal Decree-Law 32/2021, dated December 28, on urgent measures for labor reform, the guarantee of job stability, and the transformation of the labor market […]

Please note: The deadline for bringing existing contracts into compliance with the GDPR is approaching.

Please note: The deadline for bringing existing contracts into compliance with the GDPR is approaching.

It will soon be four years since the General Data Protection Regulation (GDPR or the Regulation) has been fully in effect. Specifically, on May 25, 2022. This will certainly be a good time for companies to assess their progress and their current situation regarding […]

Labor Reform and the Unique Situation of Artists.

The unique nature of the services provided by artists has meant that—for as long as anyone can remember—their employment has been subject to special rules. Specifically, the classification of this activity as a special type of employment relationship is included in Article 2 of the Workers’ Statute, along with, among […]

China Joins the Hague System.

China Joins the Hague System.

China’s accession to the Hague System for the International Registration of Industrial Designs is now a reality. Long awaited, China’s accession to the Hague Agreement on the Protection of International Designs finally took place on February 5, 2022, so that the Act of […]

The role of Data Protection Officer will be mandatory for medium-sized companies.

The role of Data Protection Officer will be mandatory for medium-sized companies.

The preliminary draft bill transposing the Whistleblowing Directive establishes the requirement that all companies with more than 50 employees appoint a Data Protection Officer. On March 4, the preliminary draft bill regulating the protection of individuals who report regulatory violations and […] was approved.

Spain signs an agreement with the Dominican Republic on film and audiovisual coproduction.

February 27, 2022

Spain signs an agreement with the Dominican Republic on film and audiovisual coproduction.

On September 29, the Kingdom of Spain and the Dominican Republic signed an international administrative agreement to regulate and promote film and audiovisual co-productions between the two countries. Under the agreement, co-productions of audiovisual works between these two countries must be approved by the competent authorities of both; the Institute of […]

MWC 2022 is coming up

February 7, 2022

MWC 2022 is coming up

MWC 2022 will take place in just two weeks, from February 28 to March 3, in Barcelona. This will undoubtedly be an important year for the event, which, following the unexpected cancellation of MWC 2020 due to the pandemic and the “hybrid” (in-person/digital) format of the next edition of the conference in […]

Jamaica Joins the Madrid Protocol

January 13, 2022

Jamaica Joins the Madrid Protocol

Jamaica is the latest country to announce its accession to the Madrid Protocol, which is scheduled to enter into force on March 27, 2022.

The door is now open for video games to be subject to legal deposit

December 31, 2021

The door is now open for video games to be subject to legal deposit

On December 29, 2021, the Council of Ministers approved the preliminary draft bill amending Law 23/2011, of June 29, on legal deposit, to enable more effective preservation of national publications and optimize the management of preservation centers.

December 17, 2021

U.S. trademark law and the USPTO are working to prevent the proliferation of fraudulent trademark applications

On December 27, 2021, the United States Patent and Trademark Office (USPTO) will implement the “Trademark Modernization Act (TMA),” which was enacted one year ago. This will likely be one of the most significant milestones in recent years in trademark practice in the United States of America.

Royal Decree-Law 24/2021, a regulation that provides more opportunities for digital content

November 18, 2021

Royal Decree-Law 24/2021, a regulation that provides more opportunities for digital content

On November 2, the government approved Royal Decree-Law 24/2021, which transposes, among other things, Directive 2019/790 on copyright in the digital single market (the DAMUD Directive).

Copyright Infringement in Works of Applied Art in China

October 13, 2021

Copyright Infringement in Works of Applied Art in China

On June 30, 2021, the Supreme People’s Court of the People’s Republic of China issued the 28th batch of guiding cases, of which Case No. 157 concerned the protection of applied artworks. How are these types of assets protected?

The United Arab Emirates Joins the Madrid Protocol

September 29, 2021

The United Arab Emirates Joins the Madrid Protocol

The United Arab Emirates has signed the instrument of accession to the Madrid Protocol, which will enter into force on December 28, 2021. With the addition of this country, there are now 125 members of the Madrid System, three of which are members of the Cooperation Council for the Arab States of the Gulf.

To what extent can the director of a play edit his or her work without infringing on the artists' related rights?

September 28, 2021

To what extent can the director of a play edit his or her work without infringing on the artists' related rights?

On August 25, 2021, the Court of Justice of the Andean Community ruled on the director of a film’s authority to edit, cut, or remove previously recorded scenes and analyzed how that authority interferes with the related rights of performers. Claudia Pérez Moneu analyzes this decision and its implications.

An Important Step in Protecting Designations of Origin - The Champanillo Case

September 21, 2021

An Important Step in Protecting Designations of Origin

For the first time, the Court of Justice has explicitly ruled in favor of extending the protection of appellations of origin to cases other than the use of similar names to distinguish products of a similar nature to those designated by the appellation of origin. Carlos Morán discusses the key points of this ruling and its implications.

ELZABURU Opens Its Alicante Office in Torre Juana OST

September 13, 2021

ELZABURU opens its new headquarters in Torre Juana Ost (Alicante) and joins the 1,070 Km Hub

At ELZABURU, we have opened an office in Torre Juana OST (Alicante) and joined 1070 Km Hub, the platform dedicated to connecting the innovative Southern Mediterranean.

Trademark Infringement in Parallel Imports in China

September 9, 2021

Trademark Infringement in Parallel Imports in China

On March 7, 2019, Budweiser filed a trademark infringement lawsuit, alleging that Guangzhou Keyuan Import & Export Co., Ltd. had infringed on its trademark rights by importing, without its permission, a shipment of beer identical to the two international trademarks mentioned.

Preliminary Bill Amending Law 23/2011 on Legal Deposit

Preliminary Bill Amending Law 23/2011 on Legal Deposit

The Council of Ministers recently approved moving forward with the preliminary draft bill amending Law 23/2011 on Legal Deposit. What does this decision entail, and what is the rationale behind it?

Freedom of Information vs. the Right to Reputation: The Fariña Case

Freedom of Information vs. the Right to Reputation: The Fariña Case

Inés de Casas discusses the Fariña case, on which the Supreme Court handed down a ruling earlier this year.

Legal Protection of Databases

Legal Protection of Databases

Claudia Pérez Moneu provides an analysis and commentary on the CJEU’s ruling in Case C‑762/19 regarding the prohibition on any third party from “extracting” or “reusing,” without the manufacturer’s authorization, all or a substantial part of the contents of the database.

Have you received the transfer yet?

Have you received the transfer yet?

In this article, Colm Ahern, a partner at ELZABURU, analyzes the functionality and practicality of so-called "transfers" of court cases and how recent legislative changes have affected the entire process.

Update on the Industrial Design Protection System in China

Update on the Industrial Design Protection System in China

On June 1, 2021, a fourth amendment to the Patent Law of the People's Republic of China will take effect, introducing a series of significant changes regarding the protection of industrial designs in that country.

The Mobile World Congress is back in Barcelona—with Protocolo Judicial!

The Mobile World Congress is back in Barcelona—with Protocolo Judicial!

Barcelona's commitment to hosting MWC 2021 appears to be firmly in place, so the "On-Call and Rapid Response Protocol for the Mobile World Congress 2021" has been published; in this article, we highlight the most relevant aspects of that protocol.

Ten Privacy Requirements That the Digital Green Certificate Must Meet

Ten Privacy Requirements That the Digital Green Certificate Must Meet

The Digital Green Vaccination Certificate (CVD) is intended to ensure that the restrictions currently in place can be lifted in a coordinated manner and to facilitate the mobility of European Union citizens, but what privacy requirements must it meet?

The Conflict Between Legal Names and Brands (or Trade Names)

The Conflict Between Legal Names and Brands (or Trade Names)

Conflicts between corporate names and trademarks (or trade names) are very common. María Cadarso explains the relationship and differences between the two in this article.

Eurasian IP System: A New Trademark System in Eastern Europe

Eurasian IP System: A New Trademark System in Eastern Europe

In recent years, the so-called “Eurasian IP System” has been taking shape—a new system in Northern Europe that aims to harmonize and unify, to a certain extent, trademark registration in Armenia, Belarus, Kazakhstan, Kyrgyzstan, and Russia.

The General Court Confirms the Incompatibility of the KERRYMAID and KERRYGOLD Trademarks in the EU

The General Court Confirms the Incompatibility of the KERRYMAID and KERRYGOLD Trademarks in the EU

In a ruling dated March 10, 2021, the General Court confirmed that the KERRYMAID trademark cannot be registered in the EU due to its incompatibility with the prior KERRYGOLD trademark.

Somalia. Somali trademark registrations are now possible

Somalia. Somali trademark registrations are now possible

Nearly 30 years after the Somali Intellectual Property Office was closed as a result of the devastating civil war, and thanks to a painstaking but essential process of rebuilding a failed state, the Somali Intellectual Property Office (SIPO) has been established in Mogadishu.

Mahou Beats Heineken in the Battle Over “Radler Cinco Estrellas”

Mahou Beats Heineken in the Battle Over “Radler Cinco Estrellas”

The Madrid Provincial Court has upheld the dismissal of the unfair competition lawsuit filed by Heineken against its competitor Mahou in connection with the advertising campaign for the launch of Mahou Cinco Estrellas Radler in the summer of 2018.

Asia's Ongoing Process of Joining the Madrid System

February 26, 2021

Asia's Ongoing Process of Joining the Madrid System

On February 24, 2021, WIPO published the announcement of Pakistan’s (Islamic Republic of Pakistan) accession to the Madrid Protocol, making it the 124th member.

Spain has been removed from the U.S. government's "Notorious Markets List 2020" on counterfeiting

February 5, 2021

Spain has been removed from the U.S. government's "Notorious Markets List 2020" on counterfeiting

For the first time since 2017, Spain has been removed from the “Notorious Markets List 2020,” a blacklist compiled annually by the Office of the United States Trade Representative (USTR) that highlights online and physical markets that allegedly engage in or facilitate significant trademark counterfeiting and copyright piracy.

What career revivals or business transformations can companies undertake today?

January 19, 2021

What career revivals or business transformations can companies undertake today?

Companies try to adapt to change with varying degrees of success, but sometimes it seems that if you don’t keep up with industry trends or new technologies, you’ll become obsolete. Pilar Soriano, sales director at ELZABURU, offers a useful and practical perspective in this landscape of conflicting opinions to help companies envision new professional projects that incorporate a certain degree of innovation or disruption.

New Fund for SMEs: Ideas Powered for Business

January 15, 2021

New Fund for SMEs: Ideas Powered for Business

The European Union Intellectual Property Office (EUIPO) and the European Commission (EC), with the aim of boosting the competitiveness of SMEs in the current context of the COVID-19 pandemic, have created the Ideas Powered for Business Fund: a grant program designed to help SMEs obtain and develop their intellectual property rights.

The Commission welcomes the political agreement on Horizon Europe

December 31, 2020

The Commission welcomes the political agreement on Horizon Europe

Despite the uncertainty we have faced throughout the year that is about to end, it appears that the European Union’s commitment to promoting industrial leadership in Europe remains unchanged.

The European Commission is preparing Horizon Europe: the EU's future framework program for research, development, and innovation

December 21, 2020

The European Commission is preparing Horizon Europe: the EU's future framework program for research, development, and innovation

The Horizon 2020 (H2020) program funds research and innovation projects in the European Union for the 2014–2020 period. As this program comes to an end, and in line with the same objective for which it was launched, the European Commission is now working on its successor, Horizon Europe.

EU Proposal for the Digital Services Act Published

December 16, 2020

EU Proposal for the Digital Services Act Published

Finally, on December 15, the European Commission published the previously announced proposal for the Digital Services Act, as well as the proposal on digital markets.

The Court of Justice Rules for the First Time on the Ban on "Agent Marking"

December 2, 2020

The Court of Justice rules for the first time on the ban regarding the “agent’s mark”

The Court of Justice issued its judgment on November 11, 2020 (C-809/18; MINERAL MAGIC), in which, for the first time, it had the opportunity to establish the requirements that must be met for the application of Article 8(3) of the European Union Trademark Regulation (EUTMR), which refers to the scenario colloquially known as the “unfaithful agent” case.

Upcoming Publication of the EU's "Digital Services Act"

November 26, 2020

Upcoming Publication of the EU's “Digital Services Act”

Although online platforms are playing an increasingly important role in our daily lives, current EU regulations for digital services have remained largely unchanged. What is the next step in the ongoing fight against online piracy?

Mandatory Use of the Registered Trademark: Some Considerations

November 17, 2020

Mandatory Use of the Registered Trademark: Some Considerations

Jesús Gómez Montero shares some reflections on the mandatory use of registered trademarks, in light of the content of several recent rulings handed down by the judicial bodies that make up the Court of Justice of the European Union.

Trinidad and Tobago: A New Country in the Americas Joins the International Trademark Registration System

November 13, 2020

Trinidad and Tobago: A New Country in the Americas Joins the International Trademark Registration System

As of October 12, 2020, Trinidad and Tobago has become the latest addition to the already long list of countries participating in the international trademark registration system. Specifically, it is the 123rd country.

MESSI's Decisive Victory Over MASSI

October 28, 2020

MESSI's Decisive Victory Over MASSI

Just when it seemed that Lionel Messi had finally stopped making headlines after a tumultuous summer, on September 17, 2020, the Court of Justice of the European Union (CJEU) ruled in Cases C-449/18 and C-474/18 on the appeals filed by EUIPO and J.M.-E.V. e hijos S.R.L. against the judgment handed down by the General Court (GC).

Antonio Tavira, the new President of ELZABURU

October 22, 2020

Antonio Tavira, the new President of ELZABURU

Antonio Tavira has been appointed Chairman of ELZABURU, a position he will hold in addition to his role as CEO, a position he has held since 2009. The position became vacant following the death of Alberto Elzaburu last April.

Has Banksy really lost his copyright?

October 21, 2020

Has Banksy really lost his copyright?

It is said that a “court” issued a “ruling” in which the “judges” “denied” Banksy’s copyright in “a lawsuit” against a company that sells postcards—all because the artist chose to remain anonymous. Perhaps it is worth trying to put things in their proper context.

What if we stopped paying artists from outside the EU?

October 7, 2020

What if we stopped paying artists from outside the EU?

On September 8, 2020, the Court of Justice of the European Union issued a ruling in Case C-265/19, involving the Irish collecting societies RAAP and PPI, the former representing artists and the latter representing producers.

ELZABURU has signed the UN Global Compact's Declaration on Renewed Cooperation

September 23, 2020

ELZABURU has signed the UN Global Compact's Declaration on Renewed Cooperation

Antonio Tavira, on behalf of ELZABURU, was one of the 1,000 CEOs who signed the Declaration on Renewed Cooperation of the UN Global Compact.

September 9, 2020

"Good morning, Myanmar"

After a few months of inactivity regarding Myanmar’s new Trademark Law—likely due to the COVID-19 pandemic—it appears that the law is finally gaining momentum. The law provides for a procedure known as the “Soft Opening Period” to allow owners who hold acquired rights to their marks in this country to register their trademarks on a priority basis.

How Open Intellectual Property Helps Drive the Green Transition

How Open Intellectual Property Helps Drive the Green Transition

In 2020, World Intellectual Property Day was celebrated under the theme “Innovating for a Green Future.” This is not the first time that WIPO has used this special occasion to highlight the role that intellectual property must play in the so-called green transition.

Inability to Obtain a CCP for a New Therapeutic Application of an Existing Active Ingredient

Inability to Obtain a CCP for a New Therapeutic Application of an Existing Active Ingredient

One of the requirements for obtaining a Supplementary Protection Certificate (“SPC”) for a medicinal product is that the marketing authorization (“MA”) for the product for which the SPC is sought must be the first MA granted for that product as a medicinal product (Article 3(d) of Regulation (EC) No. 469/2009).

The reputation of the earlier trademark in the assessment of the likelihood of confusion

The reputation of the earlier trademark in the assessment of the likelihood of confusion

Judgment of the Court of Justice of June 11, 2020 (C-115/19 P) On October 14, 2014, CHINA CONSTRUCTION BANK CORP. filed an application for the European Union figurative mark Fig. 1 in Class 36. The French entity GROUPEMENT DE CARTES BANCAIRES filed an opposition based on the European Union trademark […]

Elzaburu 2019 Case Law Yearbook

ELZABURU 2019 Yearbook

Despite the delay caused by the lockdown measures we have endured in Spain due to the global pandemic, and with our usual pride, we are pleased to present to our clients, friends, and colleagues the ninth edition of the ELZABURU Yearbook of European Case Law on Industrial and Intellectual Property. While the Yearbook was being printed, our […]

Is a folding bicycle a work of intellectual property protected by copyright?

Is a folding bicycle a work of intellectual property protected by copyright?

Following the CJEU’s June 11, 2020, ruling in Case C-833/18, Brompton, the answer—as the song goes—is blowing in the wind. And it’s not surprising that this is the case. Let’s recall the case: Brompton is an English company that markets a folding bicycle, sold in its current form since […]

European Union Public License: A Great Option for Open-Source Projects Developed in the EU

European Union Public License: A Great Option for Open-Source Projects Developed in the EU

The European Union Public License (hereinafter “EUPL”) is an open-source license approved by the European Commission in 2007, which was specifically designed to be adapted to the European Union’s regulatory framework. Why was it necessary? Free/open-source software licenses have their origins […]

Beijing Treaty: A Step Forward in the Protection of Audiovisual Works

Beijing Treaty: A Step Forward in the Protection of Audiovisual Works

There are many factors that will shape this unexpected period of lockdown that has swept the world. The standstill—a common thread across all countries affected by COVID-19—reminds us of the importance of globalization. And despite the voices that seek to question it, the truth is that it has allowed […]

Can the "COVID-19" trademark be registered?

Can the "COVID-19" trademark be registered?

There is no doubt that these times of lockdown give us the opportunity to mull over curiosities that we might not have noticed under normal circumstances. For a professional in the field of industrial and intellectual property law, such as the author of this article, one of those questions is undoubtedly how many […]

Trademark infringement is unrelated to the amount of compensation received by the importer

The amount of compensation received by an individual who imports trademark-infringing products on behalf of a third party is irrelevant when determining whether or not an infringement has occurred. Judgment of the Court of Justice of April 30, 2020, in Case C‑772/18, INA Case. The company (“A”) is the owner […]

According to the CJEU, Amazon does not infringe third-party trademarks by storing products offered and sold by third parties

According to the CJEU, Amazon does not infringe third-party trademarks by storing products offered and sold by third parties

In December 2017, the Court of Justice of the European Union ruled that, from the perspective of competition law, the ban imposed by Coty Germany on members of its selective distribution network from offering its luxury perfumes through […] was lawful.

Counterfeit Medicines: A Serious Threat Amid the COVID-19 Crisis

Counterfeit Medicines: A Serious Threat Amid the COVID-19 Crisis

The European Union Intellectual Property Office (EUIPO) and the Organization for Economic Cooperation and Development (OECD) have published a report on counterfeit pharmaceuticals worldwide. The report is based on an analysis conducted in 2019—which found that imports of counterfeit products and […]

Judgment C-237/19 on Three-Dimensional Shape Trademarks

Judgment C-237/19 on Three-Dimensional Shape Trademarks

The Court of Justice “clarifies” the role that the relevant public or the average consumer should play in analyzing the prohibition on registering (three-dimensional) shape trademarks whose subject matter may fulfill a technical function or confer substantial value on the product. Judgment of the Court of Justice of April 23, 2020, in […]

New Call for Proposals for the EU's "Intellectual and Industrial Property Diagnostic Service"

New Call for Proposals for the EU's "Intellectual and Industrial Property Diagnostic Service"

European SMEs can now benefit from a new call for proposals under the European Union’s “Intellectual and Industrial Property Diagnostic Service” (IPA4SME Program). The program provides financial support and services to assess and analyze existing technology and knowledge assets in SMEs that have received the Seal of Excellence awarded by the […]

Globomedia's lawsuit against Álex Pina, creator and screenwriter of *Money Heist*, has been dismissed

Globomedia's lawsuit against Álex Pina, creator and screenwriter of *Money Heist*, has been dismissed

Globomedia, the production company behind series such as “El Internado” and “Vis a Vis,” filed a complaint against Álex Pina and his company, La Raspa Producciones S.L.U., alleging that he had breached the contract for the provision of services and the assignment of intellectual property rights that both parties had signed when creating “La Casa de […]

The CJEU Rules: Can Damages Be Sought for Infringement of a Trademark That Has Never Been Used?

The CJEU Rules: Can Damages Be Sought for Infringement of a Trademark That Has Never Been Used?

Despite the health crisis spreading throughout Europe (let’s hope it won’t last long), the Court of Justice of the European Union has not suspended its work, and on March 26 it issued an interesting ruling (Case C-622/18) regarding a claim for damages arising from trademark infringement when the trademark has […]

COVID-19 Announcement

Dear readers, We would like to write a few lines to share with you the unprecedented situation we are experiencing and to convey, as best we can, a message of hope. First of all, we hope that all of you and your families are well. And to those of you who are not doing so well or who have family members or loved ones who are affected, please know that you have our full support and that we are thinking of you. At this time, the most important thing […]

Trade secrets: An Intangible Asset on the Rise

Trade secrets: An Intangible Asset on the Rise

One year after the enactment of the Trade Secrets Act (Law 1/2019), we can say that the Act is having a significant impact on the Spanish business community. Some companies were already managing this intellectual asset, but with the Act’s entry into force, it has […]

Corporate Espionage as a Tool of Trade and Technology Warfare

Corporate Espionage as a Tool of Trade and Technology Warfare

This past February marked the one-year anniversary of the enactment of Law 1/2019, dated February 20, on Trade Secrets. Its preamble states that organizations use confidentiality as a tool for managing business competitiveness, facilitating public-private knowledge transfer, and fostering innovation in research, with the […]

What exactly does it mean for a work to enter the public domain?

What exactly does it mean for a work to enter the public domain?

The turn of the year is usually accompanied by press articles reporting on the authors and creators whose works enter the public domain in that year. This year, for example, it is Antonio Machado’s turn. But what exactly does it mean for a work to enter […]

ELZABURU, the leading company in intellectual property protection, is revamping its corporate image

February 19, 2020

ELZABURU, the leading company in intellectual property protection, is revamping its corporate image

Elzaburu, a firm specializing in the management of intangible assets, has revamped its corporate image. The new identity was designed by the Manuel Estrada studio and symbolizes the company’s commitment to adapting to the new demands of a market undergoing constant technological and social change. Elzaburu’s new brand features a modern typeface […]

We're making progress, but we need to be braver

February 11, 2020

We're making progress, but we need to be braver

(Back to the Reform of the Royal Decree Regulating the Film Act) To cap off a very cinematic month, with the Goya Awards still fresh in our minds, the government launched a public consultation today regarding the amendment of Royal Decree 1085/2015, dated December 4, which […]

BREXIT: WHAT HAPPENS NOW?

January 31, 2020

BREXIT: WHAT HAPPENS NOW?

“CALM” is the guiding principle that should govern the actions of any holder of industrial and intellectual property rights starting at midnight—that is, when Brexit, the United Kingdom’s exit from the European Union, takes effect at 00:00 CET. Despite the storm clouds that at one point […]

New Member of the Madrid System in Southeast Asia: Malaysia

January 27, 2020

New Member of the Madrid System in Southeast Asia: Malaysia

Malaysia was the last country in Southeast Asia to deposit its instrument of accession to the Madrid Protocol. On September 27, 2019, this historic milestone took place, placing Malaysia among the 122 members of the Madrid System for the international registration of trademarks. Among the leading countries in the […]

Film awards and festivals: so much more than just receiving a trophy

January 16, 2020

Film awards and festivals: so much more than just receiving a trophy

The Golden Globe Awards were recently held in the United States, and on February 9, the Academy Awards, presented by the Academy of Motion Picture Arts and Sciences, will be held in Los Angeles. Also in February, the British film awards, the BAFTAs, and the French film awards, the Césars, will be presented. Spain is not […]

Three ELZABURU attorneys have been selected to serve on a new council of experts that will advise the Chinese government on intellectual property matters

January 7, 2020

Three ELZABURU attorneys have been selected to serve on a new council of experts that will advise the Chinese government on intellectual property matters

In 2020, China is launching a new center called the Chinese Overseas Intellectual Property Dispute Center, through which it seeks to bring together professionals from different countries who are experts in intellectual property to provide guidance on matters related to this field. The center was established by the China National Intellectual Property Administration (CNIPA), which […]

The ruling in the “Yonkis series” case leaves the plaintiffs dissatisfied

November 13, 2019

The ruling in the “Yonkis series” case leaves the plaintiffs dissatisfied

The Yonkis Series case is considered the most significant trial to date regarding the downloading of content protected by intellectual property rights in Spain. More than a decade after the first complaint was filed, the Murcia Criminal Court issued its ruling in June […]

Margarita Salas Honored by the European Patent Office

August 26, 2019

Margarita Salas Honored by the European Patent Office

At a ceremony held in Vienna on June 20, the Spanish scientist received two 2019 European Inventor Awards—one chosen by the public and the other in recognition of her lifetime achievements. The Spanish scientist began her professional career in the United States in the laboratory of Nobel laureate Severo Ochoa, and […]

New CJEU Ruling on the Distinctiveness of the Kit Kat Shape

New CJEU Ruling on the Distinctiveness of the Kit Kat Shape

The long-running dispute between Nestlé and Cadbury (now Mondelez) over the trademark registration of the distinctive shape of Kit Kat chocolates continues to give rise to interesting court rulings regarding the acquisition of distinctiveness by a trademark through use. As you may recall, it began with the rejection of the […]

Tell me your favorite color, and I'll tell you what you're like… or who you vote for

Tell me your favorite color, and I'll tell you what you're like… or who you vote for

In a well-known passage from our most universal work, *Don Quixote of La Mancha*, his friend Sancho said to himself: “I have seen a thousand signs that my master is a madman through and through, and I am not far behind him either, for I am even more foolish than he, since I follow and serve him, […]

When can public authorities access SIM card data?

October 11, 2018

When can public authorities access SIM card data?

On February 16, 2015, Mr. Hernández Sierra filed a complaint with the Spanish police regarding a violent robbery, during which he was injured and his wallet and cell phone were stolen. On May 5, 2015, the Investigating Court denied the request made by the Judicial Police consisting of […]

Pharmaceutical Big Data as a Valuable Asset: The Case of IMS Health

October 3, 2018

Pharmaceutical Big Data as a Valuable Asset: The Case of IMS Health

The Spanish Supreme Court has dismissed the appeal filed by the Spanish subsidiary of the American group IMS HEALTH against the ruling of the Madrid Provincial Court, which ordered it to pay 5 million euros in damages for misappropriating and marketing part of the content of a database […]

Low-Cost Luxury? Court Ruling Penalizes Counterfeit Longchamp Handbags

September 13, 2018

Low-Cost Luxury? Court Ruling Penalizes Counterfeit Longchamp Handbags

The dispute arose as a result of the sale on the GROUPON website of coupons redeemable for handbags from the company SARASWATI (which operates under the trade name PRISAUK), whose design resembled LONGCHAMP’s model 1623 LE PLIAGE (LE PLIAGE) and whose offer was accompanied by advertising messages such as “add a French touch […]

The CJEU Rules on the Limits of the Principle of Trademark Exhaustion in Cases of Parallel Imports and Repackaging of Products

The CJEU Rules on the Limits of the Principle of Trademark Exhaustion in Cases of Parallel Imports and Repackaging of Products

The CJEU has issued a new judgment (C-642/16 Junek Europ-Vertrieb, May 17, 2018) on the interpretation of the principle of trademark exhaustion in the case of parallel imports and the repackaging of products. The judgment resolves a preliminary ruling referred by the German Federal Court of Justice, which essentially asks whether the principles […]

Philippines: New Declaration of Current Use to Maintain Trademark Rights

October 13, 2017

Philippines: New Declaration of Current Use to Maintain Trademark Rights

A significant legislative development has taken place in the Philippines regarding the maintenance of trademark rights. The change involves the requirement for a new Declaration of Current Use (hereinafter DAU) in this jurisdiction. The Intellectual Property Office of the Philippines (IPO) has established this in Circular No. 17-010 (Regulations on […]

Standing of a Foreign Company to Bring Unfair Competition Claims in Spain

September 18, 2017

Standing of a Foreign Company to Bring Unfair Competition Claims in Spain

The controversial issue of the standing of foreign companies with no direct operations in Spain to bring the actions provided for in the Unfair Competition Act was addressed in Judgment No. 474/2017 of the First Chamber of the Supreme Court, dated July 20 (ECLI:ES:TS:2017:3025). Standing to sue was initially regulated […]

The Supreme Court Issues a Ruling on the Originality of Architectural Works

The Supreme Court Issues a Ruling on the Originality of Architectural Works

The Spanish Supreme Court has recently ruled on the concept of originality in the field of architectural works, thereby establishing—for the first time—clear and precise guidelines for the application of copyright protection to this type of work. The factual circumstances giving rise to the […]

The Kukuxumusu Case: A Game of Fleas, Cats, and Mice

The Kukuxumusu Case: A Game of Fleas, Cats, and Mice

Kukuxumusu’s artistic universe is featured on countless sweatshirts and T-shirts throughout Spain. A blue bull with yellow horns and a sheep with bulging eyes and pointy ears are some of the main characters in this artistic universe, in which its creators have managed to […]

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