Publications

In a recent ruling on the case of BSH v. Electrolux (C-339/22), the Court of Justice of the European Union (CJEU) has held that patent holders may bring claims for infringement of multiple national designations of a European patent in a single…

Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. The judgments in the FREENOW case reaffirm the need for an exhaustive and well-…

The objective of this proposal was to facilitate the licensing of SEPs under fair, reasonable and non-discriminatory conditions. One of the key initiatives was the establishment of a mandatory conciliation procedure at the EUIPO, based in Alicante.

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. Although the process requires time, strategy and…

New case law by the Technical Board of the European Patent Office (EPO) establishes that new active principles contained in natural extracts used in traditional remedies qualify as patentable.

Last October 23, the General Court of the European Union refused the figurative trademark registration “Insomnia Energy” on the grounds that the proprietor – BBF Company EOOD – was taking unfair advantage of the reputation of the mark “Monster…

Licensing allows companies to enter new markets, reduce production and distribution costs, and strengthen consumer loyalty. However, the success of any licensing strategy hinges on a well-negotiated agreement that includes legal safeguards, clear…

In order for a product to feature lawfully in audiovisual media, the placement must not affect the editorial freedom of the service provider, must not directly encourage the purchase and must be correctly identified.

Original works of art are protected by copyright until they come into the public domain. But this does not mean they can then be used without any restrictions. Here we look at a few Italian court rulings on this subject. 

The European regulation requires transparency about the content used in training in order to protect third-party intellectual property rights. The aim is to facilitate this protection by increasing transparency while at the same time enabling AI…

For the first time, Peru has established a time restraint on the continuing recognition of a well-known trademark. The Indecopi has determined that the term within which a titleholder may invoke the rights inherent in that reputation is five years…

Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. If approved, the SEP Regulation could save holders and users both time and money.