inmentor, Author at inmentor

The developer of the CLIMBING application sued by the author of a spanish climbing guide for considering that the app incorporated data contained in his work

December 07

Posted By: inmentor
Posted In: Sin categoría
Tags: database protection, intellectual property
Date: 7 December, 2020
- 0
- 238

A climbing guide is not necessarily a database

Intellectual property rights protect “all original literary, artistic or scientific creations expressed by any means or medium, tangible or intangible…” in accordance with Article 10 of the Spanish Intellectual Property Law (hereinafter, IPL). Consequently, it does not protect idea...

explotacion de la patente y contratos de licencia. Licencia de uso exclusivo y de pleno derecho. La imagen representa la idea de invencion e inovacion

March 09

Posted By: inmentor
Posted In: Sin categoría
Tags: licenses of full rights, patents
Date: 9 March, 2020
- 0
- 4888

Patent Exploitation – Licenses of Full Rights

In a system governed by the general principle of free competition, the monopoly that a patent grants to its owner represents an exception to this principle, which is intended to enable him to recoup his investment in research. With this exception, the legislator aims to foster innovation in the comm...

nueva normativa europea derecho de autor 2018

March 09

Posted By: inmentor
Posted In: Sin categoría
Tags: copyright
Date: 9 March, 2020
- 0
- 1710

European Union: towards a reform of copyright in the Internet age

On 12 September 2018, after months of heated debate, the European Parliament finally approved the proposal for a new directive on copyright. The aim of the European Commission’s proposal is to reform existing legislation by updating and strengthening intellectual property rights in the face of...

Licencia Obligatoria y explotación de la invención patentada una foto que representa el sector de los medicamentos

March 09

Posted By: inmentor
Posted In: Sin categoría
Tags: compulsory licenses
Date: 9 March, 2020
- 0
- 1758

Compulsory Licenses – Legal obligation to exploit the patented invention

A patent is an industrial property title that protects an invention for 20 years and grants an exclusive right to its owner. In return for the payment of a fee and the publication of the invention, the patented invention can be exploited directly or licensed to third parties. Either way, the owner c...

A machine cannot be an inventor according to EPC

March 09

Posted By: inmentor
Posted In: Sin categoría
Date: 9 March, 2020
- 0
- 418

A machine cannot be an inventor according to EPC

Recently both European patent applications, EP3564144 for a “Food container” and EP3563896 for a “DEVICES AND METHODS FOR ATTRACTING ENHANCED ATTENTION”, have been refused by the European Patent Office (EPO) because of lack of the legal requirement of the European Patent Convention (EPC). In...

Video recordings in the cloud are a copyright violation or a legal private copy?

February 20

Posted By: inmentor
Posted In: Sin categoría
Tags: copyright, private copy
Date: 20 February, 2018
- 0
- 2162

Video recordings in the cloud: not just a matter of private copy

I remember, when I was 15 or 16 years old, how proud I was of the VHS / SVHS video recorder that I had just bought, after having saved for a long time. Finally, I had it on the table: it was beautiful and technological. At that time, I was dreaming of becoming a film […]...

imagen marca union europea para nueno reglamento de proteccion y registro de marcas

October 13

Posted By: inmentor
Posted In: Sin categoría
Date: 13 October, 2017
- 0
- 3388

The European Union Trade Mark: new Regulation (EU) 2017/1001

If we assume that trade marks, among other functions, enable consumers to identify the goods or services offered by one undertaking and to distinguish them from those of another, it is easy to understand the fundamental role played by distinctive signs, not only for large enterprises but also for SM...

example of animated design that can be protected accoding to intellectual property laws

September 15

Posted By: inmentor
Posted In: Sin categoría
Tags: animated design protection, registered design
Date: 15 September, 2017
- 0
- 1950

Protecting animated designs

Usually the laws on Design protection do not consider moving drawing as cartoons, instead they refer to “traditional” design or to other kind of publication format that sometimes are obsolete or overcome by the evolution of technology. Aware of this problem and with a quite pragmatic approach, s...

patentability of plant and animal varieties, example of tomatoes field

September 04

Posted By: inmentor
Posted In: Sin categoría
Tags: animal varieties, plant varieties, protection of biotechnological inventions
Date: 4 September, 2017
- 0
- 2180

Recent developments on the patentability of plant and animal varieties through essentially biological processes

According to Article 4 of the Directive 98/44/EC of 6 July 1998 on the legal protection of biotechnological inventions (EU Biotech Directive) plant and animal varieties are excluded from the scope of patentable subject matter. It also establishes that essentially biological processes for the product...

Kurt Hesse vs Ferrari on exclusive rights on the trademark "Testarossa"

August 15

Posted By: inmentor
Posted In: Sin categoría
Date: 15 August, 2017
- 0
- 1498

Ferrari loses Testarossa trademark in Germany

The provincial Court of Dusseldorf (Germany) recently decided to cancel the German and international trade mark “Testarossa” for insufficient use of the same. Said Court seems, thus, to agree with the argumentation of the German toy company Kurt Hesse, according to which Ferrari has no l...