The challenges, risks and opportunities for exhibitors and for patent, trademark and design owners are back with the upcoming MWC in Barcelona at the end of February 2023. With its usual punctuality, the Barcelona Mercantile Court, together with the European Union Trademark and Design Courts in Alicante, has just published its new “Protocol for Duty […]
The recent $9 billion class-action lawsuit brought against Github, Microsoft, OpenAI and Open AI Codex is evidence of a problem that has been looming for artificial intelligence: its development can infringe copyright and it must be handled with care. The lawsuit challenges the legality of the use of GitHub repositories to train GitHub Copilot, a […]
Following the entry into force of a new regulation on revocation and invalidity actions in Spain on 14 January 2023, the Spanish Patent and Trademark Office (SPTO) will now be the authority competent for handling and ruling on invalidity and revocations actions concerning trademark and tradename registrations. This change to a non-judicial procedure, which stems […]
The long-awaited Law No. 28/2022 on Fostering the Ecosystem for Start-up Companies, better known as the Start-up Law, has been published in the Official State Gazette and has entered into force. The law includes various different fiscal, corporate and other incentives and has the following main objectives: Encouraging the creation and growth of innovative […]
In the extreme northeast of Central America is Belize, a small country belonging to the Commonwealth that maintains English as its official language. Belize has just announced that it will be part of the Madrid System as of February 24, 2023. This small Central American country will become the 129th country of the System […]
The system known as “European Patent with Unitary Effect” (or “Unitary Patent”, as it is more commonly known) is expected to become a reality in the first half of 2023. This system is based on two European Union Regulations (EU 1257/2012 and EU 1260/2012) regarding: the creation of a European Patent with Unitary Effect for […]
On 19 October 2022, Act No. 18/2022 of 28 September 2022 on business creation and growth came into force, following its approval by the Spanish Parliament. Its main objectives are as follows: Improve the business climate to drive business creation and growth through the adoption of measures aimed at streamlining business startups. Improve regulation and […]
The Court of Justice has recently delivered a further ruling regarding exhaustion of trademark rights in cases of resale of the original product. The judgment concerns a request for a preliminary ruling made by a Finnish court in the context of a dispute between SodaStream and MySoda Oy in relation to an alleged infringement of […]
Last month the United States Supreme Court admitted a lawsuit against Google LLC which essentially raises the question, with a view to unifying doctrine on the United States Communications Decency Act (CDA), of whether Section 230 protects the “recommendations” made by platforms such as YouTube, or whether its protections are limited to traditional editorial functions[1]. […]
The judgment by the Court of Justice of the European Union (“CJEU”) of 13 October 2022 in case C-256/21 reveals that bringing an action for infringement of a European Union trademark has its risks. If the mark is vulnerable in terms of its validity, the owner is exposed to the risk of the defendant filing […]
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