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Intellectual Property

In the current economic climate, intangible assets are of significant value to companies. Said assets, essential for generating competitive advantage and avoiding the loss of opportunity, are becoming increasingly threatened by risks. Receiving sound advice on industrial and intellectual property matters provides the key to effectively protecting brands, patents, designs, copyrights and know-how.

The CMS team comprises more than 400 specialist lawyers located in 44 countries. Thanks to our vast experience advising on intellectual and industrial property matters, we are able to understand business needs and provide a strategy aligned to each client’s sector, helping them to achieve their creative and commercial goals.

We advise companies throughout the digital economy value chain, from content firms to those which offer or require connectivity and technology services, as well as publishers and audiovisual and visual arts companies. We also benefit from vast experience in related areas such as advertising, unfair competition and the protection of honour, privacy and personal image.


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29/07/2022
Re­sur­rec­ted brands and bad faith – EU Gen­er­al Court an­nuls de­cision of...
In its judg­ment of 6 Ju­ly 2022 (case T-250/21), the Gen­er­al Court of the European Uni­on an­nulled the de­cision of the Second Board of Ap­peal of the European Uni­on In­tel­lec­tu­al Prop­erty Of­fice (EUIPO) that...
26/07/2022
European Bolar Pro­vi­sions in Spain
1. How is Bolar im­ple­men­ted? Bolar in Spain was im­ple­men­ted by means of the Second Fi­nal Pro­vi­sion of Law 29/2006, which in­cluded an amend­ment to the 1986 Pat­ent Act, whereby Art­icle 52(1)(b) was re­worded...
Comparable
14/07/2022
EPO re­fuses pat­ent ap­plic­a­tion with ma­chine in­vent­or
The EPO Board of Ap­peal have pub­lished their writ­ten de­cision in case J 8/20 in re­la­tion to the AI ma­chine DABUS, find­ing that a ma­chine can­not be an in­vent­or for the pur­poses of ap­ply­ing for pat­ents...
11/07/2022
The fine line between func­tion and artistry: les­sons from a Dan­ish Plant...
On 22 April 2022, the Dan­ish East­ern High Court ruled that a plant box vi­ol­ated copy­right, re­gistered design rights and rights un­der the Dan­ish Mar­ket­ing Prac­tices Act. The rul­ing serves as a re­mind­er...
13/06/2022
Up­dated CMS Ex­pert Guide to Trade Secrets
From pat­ents to pro­grammes, designs to data, your most valu­able busi­ness as­sets can be the things you can’t put un­der lock and key. But what leg­al re­course do you have to pro­tect these in­tan­gible as­sets...
07/06/2022
Trade secret laws and reg­u­la­tions in Spain
Gen­er­al 1. Has the Dir­ect­ive (EU) 2016/943 of the European Par­lia­ment and of the Coun­cil of 8 June 2016 on the pro­tec­tion of un­dis­closed know-how and busi­ness in­form­a­tion (trade secrets) against their...
Comparable
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
20/04/2022
Rus­sia’s latest re­sponse to West­ern Sanc­tions – an af­front to In­tel­lec­tu­al...
One of Rus­sia’s re­sponses to the mount­ing West­ern sanc­tions for its in­va­sion of Ukraine has been to un­der­mine the pro­tec­tion af­forded to West­ern in­tel­lec­tu­al prop­erty rights. On 5th March 2022, the...
29/03/2022
Where’s my “NFT” gone? Po­ten­tial pit­falls of NFT own­er­ship
NFTs have re­ceived a lot of at­ten­tion in the last year, so much so that Collins Dic­tion­ary named “NFT” their word of the year for 2021. But it is worth not­ing that own­er­ship of an NFT of­ten ul­ti­mately...
23/03/2022
To file or not to file? Trade mark pro­tec­tion in the meta­verse
Wheth­er you’re fa­mil­i­ar with the term or hear­ing it for the first time, many glob­al brands have be­gun to con­sider the im­plic­a­tions that the meta­verse might have on their IP. There are, seem­ingly, bound­less...
21/03/2022
Ab­use of law and pro­cess in trade mark can­cel­la­tion pro­ceed­ings – EUIPO...
In a re­cent de­cision (case R 904/2021-1), the Board of Ap­peal of the EU In­tel­lec­tu­al Prop­erty Of­fice (EUIPO) con­firmed the find­ings of the EUIPO Can­cel­la­tion Di­vi­sion that, al­though the re­voc­a­tion ap­plic­ant...
09/03/2022
Down­load­able ap­plic­a­tion soft­ware in Class 9 – a re­l­at­ively gen­er­ous find­ing...
In a re­cent de­cision, the Gen­er­al Court (“GC”) held that the pro­pri­et­or of the trade mark PO­MODORO (the “Mark”), Mr Francesco Cir­illo (“Cir­illo”), had es­tab­lished genu­ine use for ‘count­down...