Blog
Analysis and commentary on intellectual property developments relevant to cross-border business across Europe, Latin America and Africa. We publish on the matters that affect how intangible assets are protected, exploited and defended — from EUIPO and WIPO practice to the implementation of the EU AI Act and the evolution of intellectual property regimes across Latin American and African jurisdictions.
Criminal or civil? Choosing the right route against counterfeiters in Spain
Criminal complaint or civil claim against counterfeiters in Spain? Penalties, damages, the suspension rule and the MASC requirement compared, with practical criteria.
Spain’s mandatory MASC step before suing: what it means for IP disputes
Since 3 April 2025, most civil claims in Spain, including IP infringement claims, need a prior negotiation attempt (MASC). Exceptions, deadlines, proof and costs.
Patent strategy for tech startups: patent, utility model or trade secret?
What to patent, what to keep secret and where to file first: a decision framework for tech and SaaS SMEs, using the 30-month PCT calendar as…
Trade secret protection in Spain: a reasonable-measures checklist
Under Spain's Law 1/2019 there is no trade secret without reasonable measures. A practical checklist, the three-year deadline and the UPC confidentiality trap.
IP preliminary injunctions in Spain and the EU: proof, timing and security
What Spanish courts require for IP interim measures, how fast they can act, how security is set and what EU trade mark courts and the UPC…
AI IP due diligence: training data, model ownership and licences
What to review before investing in or acquiring an AI company: training data, AI Act Article 53 documentation, ownership of code and weights, licences and disputes.
Trade secrets in Latin America: Mexico, Andean Community and Brazil
How Mexico's LFPPI, Andean Decision 486 and Brazil's Industrial Property Law protect know-how, what measures they expect and which routes exist.
Does the EU AI Act apply to your Latin American AI company?
The AI Act reaches non-EU providers that place AI on the EU market or whose output is used there. What that means for Latin American AI…
Software copyright protection in the EU: what Directive 2009/24 covers
Directive 2009/24 protects code as a literary work, not ideas or interfaces. What is covered, what users may do and who owns code written by staff…
Contracts with AI vendors: output ownership, indemnities and data
Who owns AI output, what vendor IP indemnities exclude and whether your data trains the model: the clauses to check in AI vendor contracts, with EU…
Generative AI use policies: protecting trade secrets and company IP
Why a generative AI use policy is evidence of the reasonable steps trade secret law requires, how it protects inventions and content, and which clauses to…
Trade Secrets Directive evaluation: ten years on, what to audit now
The Commission's evaluation of the Trade Secrets Directive was due on 9 June 2026. What the Directive protects and how cross-border groups should test their reasonable…
