Entries by casasasin

Business secret

Article 1.1 of the Law 1/2019, of February 20, on Business Secrets A trade secret is any information or knowledge, including technological, scientific, industrial, commercial, organizational or financial, which meets the following conditions: it is secret, in the sense that it is not generally known to, or easily accessible by, persons belonging to the circles […]

Importance of using a trademark

The registration of a trademark gives its holder the exclusive right to prevent third parties from using identical or similar products with the same trademark or using a trademark so similar that it can create confusion. Law 17/2001, of December 7, on Trademarks stipulates the definition of a trademark in article number four, verbatim: “All […]

Trademarks and COVID-19 virus

With the current situation that is being experienced in our country and throughout the world, due to the crisis caused by the COVID-19 virus, it is normal to ask the question of whether it is possible to register trademarks that contain denominations related to the pandemic that is plaguing the entire world. It would not […]

WIPO and the new Beijing Treaty

The Beijing Treaty regulates for the intellectual property rights of performers in audiovisual performances. The Beijing Treaty was adopted by the Diplomatic Conference on the Protection of Fixation Audiovisual Performances, held in Beijing from June 20 to 26, 2012, and entered into force with respect to its 30 contracting parties on April 28, 2020. As […]

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Falsification and Piracy of Trademarks: The Role of Customs

The border control in international trade has a great importance for the protection of industrial and intellectual property rights, especially trademarks, as it is a very effective preventive measure against counterfeiting and counterfeiting Piracy. Nowadays, businesses with counterfeit goods are booming due to online commerce and the facility of buyers that they can purchase any […]

Personal Data Protection

The right to the protection of personal data is a fundamental right of all people that translates into the power of control over the use made of their personal data, in order to prevent third parties from having access to information about us that affects our privacy and other fundamental rights and public liberties. We […]

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Well-known trademarks and their protection

Pursuant to the Trademark Law, all signs, especially words, including names of people, drawings, letters, figures, colors, the shape of the product or its packaging, or sounds, may constitute trademarks provided that such signs are appropriate for: a) distinguish the products or services of a company from those of other companies and b) be represented in […]

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Amazon and Intellectual Property

Amazon has a policy and tools designed to preserve the intellectual property rights of users of its platform, thus prohibiting the sale of any product that infringes this type of rights. Prohibited products include contraband, counterfeit or pirated copies of products or content; products that have been replicated, reproduced or manufactured illegally; and products that […]

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Preventive Writings: causes and effects

This is one of the most significant developments introduced in the procedural scope by Patent Law 24/2015, of July 24, which is in force since April 1, 2017. The preventive writings are regulated in article 132 of the aforementioned legal text, stipulating in a textual way: “The person who provides for the filing of a […]