Parodying a brand? Not everything is fair use

Fair use is an American legal doctrine on copyright that allows limited use of copyrighted material (a work, for example) without the permission or consent of the copyright holder. It is a license for use restricted to either educational or review purposes. …

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IP protection in the cosmetics sector: patents, utility models or trade secrets?

When we talk about cosmetics, we inevitably talk about formulas, processes or procedures embodied in certain products that help us to care for, improve and beautify aspects of our skin. Nowadays, there are…

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What is a Protected Designation of Origin (PDO)? Concept and requirements for obtaining it

When it comes to agricultural products and foodstuffs, there are many advantages that a designation of origin can offer them. However, these products must meet a series of requirements in order to obtain…

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Vulgarization of trademarks or how to lose distinctiveness through over-popularity

Kleenex®, Tipp-Ex®, Rimmel®, Velcro, bimbo® bread, aftersun®… We have all used many of these words at some time in our everyday language to refer to certain products in a generic way, but the…

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Art and brands: Is it possible to turn an artistic work into an intangible asset?

In our previous article we talked about the concept of copyright and its protection* which, as we already know, includes artistic and literary works, and even scientific works. But what happens if I…

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Copyright in Europe and Latin America: Duration and Inheritance

Copyright is arguably the basis of Intellectual Property as a whole, defined by the World Intellectual Property Organization (WIPO) as all creations of the mind: inventions, literary and artistic works, as well as…

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Webinar: Geographical Indications in Latin-America

Next Thursday, March 25, 2021, at 11am in Peru (GMT -5), we will hold a Webinar on Geographical Indications in Latin America. We will have the participation of the lawyers Ms. Ayerim Fernández…

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Spotify: software-implemented inventions and their limit with data protection

It is a reality that the SPOTIFY application is part of our lives when we need a moment of disconnection or even while we work. Background music is always a good ally. But…

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Ecuador grants its first Guaranteed Traditional Specialty

The cultural wealth of peoples has different forms of expression. Undoubtedly, one of them is their gastronomy. The Latin American peoples, having foreign influence since the time of the conquest, have a great…

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