Publications - Intellectual Property
Debunking ‘green sheen’: the new rules on environmental claims
La nueva Directiva europea sobre ‘greenwashing’ o blanqueo ecológico busca acabar con la ecoimpostura y la obsolescencia temprana. La mayoría de las obligaciones que establece ya son sancionables a través de las normas existentes en materia de…
“You shouldn’t eat the forbidden fruit”: First judicial pronouncements on the exercise of plant breeders’ rights on harvested material
A judgment by Valencia Commercial Court no. 4, recognizes the right of the breeder of a protected variety to act only against the harvested material and awards compensation equivalent to the profit obtained from marketing the fruit illegally.
SEP Regulation: the draft regulation concerning the licensing of standard essential patents takes a significant step towards becoming law
The European Parliament has approved the Regulation on Standard Essential Patents, whose main objective is to facilitate the licensing of these patents on fair, reasonable, and non-discriminatory terms. The text must be still approved by the…
Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks
A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks.
2024: main new legislation needing to be considered by companies in Spain
Professionals in the various practice areas at Garrigues take a look, from all angles of business law, at the main new legislation that companies will face in the coming year.
One of the last pending regulations for the development of the General Audiovisual Communications Act is submitted to public hearing
The Ministry of Economic Affairs has published today (here) the draft royal decree regulating the requirements for being considered a “special interest user”. This regulation is subject to a public hearing. Interested parties may submit their…
Generative AI: Can data models be protected?
Data models, which are the “brain” of artificial intelligence systems cannot be protected under intellectual property law. In principle, they are not patentable either, but they could perhaps be protected as trade secrets. Let’s take a look at what…
The European Union's role guarding fundamental rights in the artificial intelligence framework: ‘nulla IA sine ethica et sine lege’
The European Union has taken the lead with a proposal of regulation for AI, that encourages better conditions for the development and use of this technology. The key will be to achieve a regulatory framework that strikes the balance between…
Spain: New Regulation of the Intellectual Property Registry giving preference to electronic registration of works approved
Although the registration of a work in a register does not attribute copyright thereto, doing so can be a safeguard against possible infringements.
Standard essential patents and FRAND licensing: publication by the EC of the proposal for a regulation puts the EUIPO in the spotlight for the development of IoT
The European Commission has presented a proposal for a regulation that aims to promote the transparency and predictability of licensing of standard essential patents (SEPs) and that will promote the development, among other areas, of the Internet of…
Architecture and Intellectual Property: Is it possible to protect a building?
Garrigues IP Blog.
2023: The most significant legal developments that companies in Spain should keep on their radar
Garrigues analyzes from every business law angle the most significant legislative changes that are due to arrive next year.