NEWS JANUARY 2025 - DECEMBER 2025
EUROPEAN UNION
January 28, 2025
On 6 March 2025, it will be one year since Directive (EU) 2024/825 was published in the Official Journal of the European Union, marking a significant turning point in consumer protection as part of the green transition.
Was this the necessary impetus to transition towards a truly sustainable market?
The keys to Directive (EU) 2024/825:
The most significant success of the Directive is that it highlights commercial practices that are pervasive yet controversial and have historically lacked effective regulation. A case in point is the frustration experienced by consumers when products, designed to last longer than promised, often reach the end of their useful life cycle much earlier than anticipated. This phenomenon, known as 'premature obsolescence', is a central concern that the new standard aims to address at its core.
Another salient issue is 'greenwashing', a term denoting the practice of selling products or services as 'sustainable' or 'environmentally friendly' without a substantive basis for doing so.
In this sense, we can affirm that the main objectives of the aforementioned Directive are as follows:
- Safeguarding consumer interests by ensuring transparency and accountability in environmental claims.
- Eliminating ambiguous terms and unsubstantiated promises such as ‘climate neutrality’.
- Promoting the harmonization of sustainability across Europe, emphasizing its significance as an imperative for businesses and consumers.
It is important to recognize that this shift may present a substantial challenge to companies, as they are required to substantiate their environmental commitments with verifiable and publicly accessible plans. This Directive seeks to harmonize the message across Europe: sustainability is not an option, it is an obligation.
Is your company ready to comply with the new requirements of Directive (EU) 2024/825 and take advantage of the opportunities offered by sustainability?
At UNGRIA we help you protect your intangible assets while adapting your business to this new regulatory framework. Our team of IP experts is ready to guide you every step of the way towards transparency, innovation and responsible competitiveness. Contact us for more information.
In summary, Directive (EU) 2024/825 has not functioned as a regulatory instrument; instead, it has motivated all European Union countries to adopt a scenario in which ethical consumption is straightforward, companies compete to demonstrate the highest levels of transparency, and environmental commitment is more than a mere slogan. The progress of this transition is already evident.
Do you want to find out more information about this Directive? We have prepared a newsletter in which we expand on more topics: access it here.
January 24, World Day for African Culture
January 24, 2025
On the occasion of the World Day for African Culture on 24 January 2025, it is imperative to emphasize the significance of protecting and honoring cultural diversity in its myriad forms.
The term 'cultural appropriation' is understood as the unauthorized use of elements of traditional cultures without recognition or benefit to their communities of origin, and it poses significant ethical and legal challenges.
In this regard, the field of Intellectual Property emerges as a pivotal domain for the protection and preservation of traditional cultural expressions, through the establishment of legal frameworks empowering communities to exercise effective control over their creations.
The 'Updated Gap Analysis Project on the Protection of Traditional Cultural Expressions', promoted by the World Intellectual Property Office (WIPO), is of particular interest. The goal of this Project is to identify the legal and practical gaps in the protection of these expressions, proposing concrete solutions that will allow communities with strong traditional cultures to benefit from a more inclusive and effective legal framework to protect themselves.
The Project thus seeks to foster collaboration between communities, governmental institutions and international organizations, thus contributing to a more comprehensive approach in the defense of cultural diversity.
In addition, the Project highlights the importance of using tools such as the registration of trademarks and industrial designs to grant legal protection and recognition to traditional cultural expressions.
In Spain, these are some of the laws that regulate the protection of cultural expressions:
- The Copyright Law.
- The Trademark and Industrial Design Laws.
In addition, Spanish regulation facilitates the protection of geographical indications and designations of origin, which are instrumental in protecting traditional products associated with specific regions.
At the international level, Spain is committed to WIPO's efforts to develop a legal instrument that provides effective protection for traditional cultural expressions, a commitment that is in line with the United Nations Declaration on the Rights of Indigenous Individuals.
However, to ensure effective protection, it is essential to encourage collaboration between national and international Intellectual Property Offices and companies.
The Intellectual Property framework provides the necessary tools to achieve this goal; however, its effective enforcement necessitates a concerted effort by legislators, communities, companies and consumers.
Click on this link for more information on this topic.
At UNGRIA, we are committed to the defense of traditional cultural expressions through Intellectual Property legal tools and mechanisms.
We invite you to discover how the registration of trademarks, industrial designs, designations of origin and geographical indications can help you protect your creations or inventions.
Do you need more information? Please contact our team of experts in Intellectual Property.
EUROPEAN UNION
January 22, 2025
The European Union Intellectual Property Office (EUIPO) has recently announced the launch of the SME Fund 2025 on February 3rd, 2025.
This initiative, aimed at providing continuous support to SMEs in their innovation and growth process, grants financial support to carry out actions for the protection of Intellectual Property rights, including trademarks, designs, patents, plant varieties and the IP Scan service.
For more information about these grants, please contact our offices, where we will be thrilled to provide you with all the information related to this fund and assist you with your applications.
EUROPEAN UNION
January 21, 2025
As the new year commences, there is a palpable sense of anticipation surrounding the European Design Awards (ED Awards), a pivotal event in the realm of industrial designs in Europe. Since their establishment by the EUIPO, these awards have served as a significant catalyst for promoting excellence in design, underscoring their important role in the field of Intellectual Property.
These are awards that not only celebrate creativity, but also promote the importance of the registration and protection of industrial designs, which we consider fundamental for the growth and development of Intellectual Property in Europe.
The ED Awards encompass a broad spectrum of disciplines, encompassing a total of 47 categories that are divided into various groups, including branding, packaging, typography, digital design and illustration, among others. What are, then, the European Design Awards? How does the selection and award process work?. Check out all the details by clicking on this link.
WIPO
January 20, 2025
On January 10, 2025, Uzbekistan accession as a Contracting Party to the 1999 Geneva Act of the Hague Agreement has come into force, facilitating the international protection of industrial designs in this country.
What does this accession entail?
- Interested parties will have the possibility to designate Uzbekistan in an international design application, thus facilitating the expansion of their business in Central Asia.
- With Uzbekistan, the 1999 Geneva Act now has 75 contracting parties, expanding the international protection options for designers and companies.
This accession strengthens the scope of the global system and benefits those seeking to protect their innovations in Central Asia.
Are you interested in registering an industrial design? At UNGRIA we have specialized teams that can advise you and accompany you throughout the process.
Contact us for more information.
BRAZIL
January 16, 2025
On January 15, 2025, the Brazilian Health Regulatory Agency (ANVISA) presented a comprehensive manual to assist manufacturers adapt to Regulatory Instruction No. 332/2024. This regulation introduces updated health warnings and messages for tobacco-derived products packaging. Although early adoption is encouraged, full compliance will be mandatory as of November 2, 2025.
Key highlights:
- This applies to all primary and secondary packaging of tobacco products;
- Non-compliance will result in penalties under Brazilian sanitary laws;
- By November 2, 2025, non-compliant products must be removed from points of sale;
- Packaging changes for compliance can be implemented immediately, but must be submitted to ANVISA for review.
BRAZIL
January 14, 2025
We are pleased to share with you an IP guide on Brazil that summarizes the most important decisions issued by the Brazilian Patent and Trademark Office (BRPTO) in 2024:
- BRPTO implements new rules on amendments to patent applications during the appeal stage.
- BRPTO updates its guidelines for filing patent appeals.
- BRPTO launches new platform to fight trademark counterfeiting.
- BRPTO will accept trademark applications including advertising elements.
- BRPTO updates the rules for the registration of trademarks of names of individuals or signatures thereof and images of third parties.
- BRPTO establishes new criteria for PPH requests in 2025.
- BRPTO Joined GPPH: Phase V of the PPH Pilot Project to begin in 2025.
- Brazilian Legislation regarding Compliance with Access to Genetic Heritage.
- BRPTO joined Global Patent Prosecution Highway (GPPH).
- BRPTO published a technical note on industrial design examination procedures.
- BRPTO extended the deadline suspension for filing divisional design applications.
- BRPTO reached its annual limit for PPH applications.
Do you want to learn more about the above-referenced topics? "Click on this link" to find out about the most important developments approved in the field of Intellectual Property in Brazil during 2024.
EUROPEAN UNION
January 09, 2025
Today, Thursday 9 January, 2025 we celebrate the iconic designer Carolina Herrera´s birthday, a woman whose influence in the world of fashion and fragrance is still more than relevant.
To commemorate her legacy, we would like to highlight a recent case involving her trademarks, which underlines a fundamental lesson in the field of Intellectual Property: the importance of an effective trademark protection.
On 15 November 2024, the EUIPO ruled in favor of Carolina Herrera in a case concerning the trademark 'GOOD GIRL' and another company's intention to register 'Buena Chica' as a trademark.
This real-life case highlights the importance of protecting our trademarks from confusion, even when the similarities are not obvious to the naked eye. The decision is not only a legal victory, but also a strategic one in terms of preserving the image and value of the mark.
In order to find out more about how a well-protected trademark can ensure its long-term success, as is the case with Carolina Herrera, click on the "Complete bulletin in PDF" link below.