During last June, PONS IP became once again a reference in media outlets. Our team has analyzed current issues on TV, radio, press and digital media such as RTVE, Expansión, and Cinco Días, among others. June has been marked by news as relevant as the first anniversary since the implementation of the GDPR, the resolution of the appeal filed by Adidas against the EUIPO decision, and other news in which our colleagues have used their expertise to help on matters related to software protection and legal rights.
Let’s highlight the main news:
On the occasion of the first anniversary since the General Data Protection Regulation (GDPR) was implemented, PONS IP, together with PONS Foundation, and with the participation of the Spanish Data Protection Agency (AEPD), organized a conference to analyze its key points. Many media outlets have reported on the event, including El Economista (digital and print), Law&Trends, Lawyer Press, and Innovaspain, among others.
A day for self-criticism and contemplation in which, as Pedro Colmenares Soto, Assistant Director-General of Data Inspection for the AEPD, says, “AEPD actions are an opportunity for companies to self-analyze themselves and improve their data management systems.”
From the perspective of Data Protection and Intellectual Property Rights, our lawyers Alejandro Díaz Sánchez and Estrella Arana analyze, in El País, the recent plea to delete the name of the Secretary from the drumhead court-martial held against Miguel Hernández.
- “DATA PROTECTION, ONE YEAR LATER” in El Derecho
- “AEPD actions are ‘an opportunity’ for companies to improve data management” in El Economista
- “AEPD actions are an opportunity for companies to self-analyze themselves and improve their data management systems” in Law&Trends
- “AEPD actions are an opportunity for companies to self-analyze themselves and improve their data management systems” in Eventos Jurídicos
- “Data Protection says its surveillance helps businesses” in El Economista (Print Edition)
- “PONS IP and AEPD analyze the first year of application of the GDPR” in Lawyer Press
- “The constant battle to protect our data” in Innovaspain
- “AEPD actions are an opportunity for companies to self-analyze themselves and improve their data management systems” in El Derecho
- “Researchers reject the censorship of writing history without names” in El País
THE NON-THREE STRIPE COMPANY
The European Court has dismissed Adidas’ appeal against the 2016 decision of the European Union Intellectual Property Office (EUIPO), which annulled the registration of the trademark (“three parallel equidistant stripes of equal width applied to the product in whichever direction”), on the ground that it lacked distinctive character, both intrinsic and acquired through use.
Many media outlets have reported on this news and Laura Montoya Terán, Manager of distinctive trademarks and domain names at PONS IP, has provided her insight on the case. She focuses on the fact that the EGC considers in its ruling that “Adidas has not proven that the trademark consisting of three parallel equidistant stripes of equal width applied to the product in whichever direction has distinctive character acquired through use, thus failing to meet one of the fundamental requirements for the registration of a trademark”, an assessment published by Expansión and El Derecho.
Cinco Días, iusport and BGD Abogados have also benefited from the analysis made on this subject by PONS IP National Trademark Manager, Alicia Salinas.
- “Brief assessment of the EGC’s ruling on Adidas’ three stripes” in El Derecho
- “Adidas’ infinite legal battle for its trademark” in Expansión
- “Adidas loses the battle for its characteristic three stripes” in iusport
- “The Adidas trademark at a crossroad” in Cinco Días
- “The Adidas trademark at a crossroad” in BGD Abogados
THE IMPORTANCE OF A TRADEMARK’S POSITION
Once again, the RTVE program “Emprende” has enjoyed the collaboration of PONS IP Commercial Director, Rocío Peris. She commented on the importance of a trademark’s position in a product, and how it should be registered.
“Emprende” TV program – “The position trademark” (min 16:07) in RTVE
SOFTWARE PROTECTION AND RIGHTS
The newspaper Expansión, in its digital edition, published an article on “Myth and reality in software legal protection”, written by our colleague Elena Orduñez, Manager of the Legal Advice and Audiovisual Rights Department. In it, she solves some frequent questions about its protection and rights.
What rights does the person ordering the software acquire by placing the order? And the programmer? Is it considered intellectual or industrial property? Both? Neither?
“Myth and reality in software legal protection” in Expansión
In its Ecoley section, El Economista published the analysis of PONS IP Legal Department Attorney, Violeta Arnaiz, on the decision of the Madrid Mercantile Court no. 6 to rule in favor of singer Bebe in a lawsuit brought by her musical publisher for breach of contract.