International trademark protection and industrial property: legal keys for companies, innovation and the digital environment

Protecting trademarks, patents, designs, copyright, trade secrets and digital identity has become a priority for companies, startups, creators, laboratories, agencies, platforms and businesses with an international presence.

In a global market, a company should not only protect its trademark in its country of origin. It must also anticipate risks in other territories, protect its digital reputation, defend its know-how and understand how artificial intelligence, deepfakes and new content formats affect its intangible assets.

For those who want to specialize in this field, ISDE’s Master in Industrial Property, Intellectual Property and Technological Innovation offers training focused on the legal protection of trademarks, patents, innovation, copyright, technology and intangible assets.

International trademark protection: how to register a trademark outside Spain

Registering a trademark in Spain does not mean that it is automatically protected in other countries. Trademark protection is territorial, so a company that wants to operate outside Spain must assess in which markets it needs to protect its commercial identity.

The strategy will depend on factors such as:

• Countries where the company sells or wants to sell.
• Markets where there are distributors or partners.
• Territories with a risk of copying or unauthorized use.
• Digital channels where the brand is present.
• Products or services to be protected.
• Possible international expansion in the medium term.

Poor planning can lead to conflicts if a third party registers a similar trademark in another country before the original company does. This may block entry into a market, force negotiation, require opposition proceedings or even lead to a change in brand strategy.

For this reason, before internationalizing a trademark, it is advisable to analyse availability, registration classes, priority territories, possible conflicts and international protection routes.

Patents in biotechnology: legal challenges of scientific innovation

Biotechnology is one of the sectors where industrial property has the greatest strategic value. Medicines, procedures, diagnostic solutions, genetic developments, research tools, medical devices and innovations applied to health, food and sustainability may require solid legal protection.

Patents make it possible to protect technical inventions, but in biotechnology the legal analysis is often especially complex. Not every scientific discovery can be protected as a patent. It is necessary to assess whether there is novelty, inventive step, industrial application and whether the subject matter is patentable under the applicable rules.

The main legal challenges in this sector are usually related to:

• The distinction between discovery and invention.
• Protection of biotechnological procedures.
• Ownership of research results.
• Collaborations between universities, companies and laboratories.
• Exploitation licences.
• Technology transfer.
• Confidentiality before registration.
• Defence against infringements.

In biotechnology, publishing too early, sharing information without protection or failing to clearly define ownership of results can affect the commercial value of an innovation.

Trade secrets: how to protect a company’s know-how

Not all valuable business assets are protected through registration. In many cases, the real value lies in know-how: internal methods, processes, technical information, commercial strategies, data, formulas, systems, algorithms, procedures or accumulated knowledge.

Trade secrets protect confidential information that has economic value precisely because it is not known to third parties.

To protect them properly, it is not enough to say that something is confidential. The company must be able to show that it has adopted reasonable measures to preserve secrecy.

Common measures include:

• Non-disclosure agreements.
• Specific clauses in employment and commercial contracts.
• Access control for sensitive information.
• Internal security protocols.
• Permission limits by user profile.
• Records of access and document use.
• Training for employees and collaborators.
• Exit procedures for key employees.
• Technical protection of files and systems.

Protecting know-how is especially important for technology, industrial, scientific, pharmaceutical, consulting, creative and process-driven companies.

Generative AI and copyright: who owns a work created with artificial intelligence?

Generative artificial intelligence has opened new debates in copyright law. Today, texts, images, music, videos, code, designs and audiovisual pieces can be created using AI tools, but this raises important legal questions.

Some of the most common issues are:

• Who can be considered the author of a work generated with AI.
• What role human intervention plays in the final result.
• Whether AI-generated content can be protected by copyright.
• What happens if the tool was trained on protected works.
• How to regulate the use of AI in creative contracts.
• What liability may arise if the output reproduces previous elements.
• How to prove authorship or human contribution.

For companies, agencies, creators and law firms, the challenge is to use these tools without losing legal control over the content generated. AI can accelerate creative processes, but it also requires reviewing contracts, licences, exploitation rights, warranties and liabilities.

At this point, training connected to technology, digital business and innovation can complement the legal profile. The Digital MBA helps students understand how digital transformation, data, technology and new business models impact organizations.

Deepfakes, voice and image: how the law protects identity in the age of AI

Deepfakes and tools capable of cloning voice, image or physical appearance are creating new risks for individuals, brands, artists, executives, influencers and companies.

Identity manipulation may affect image rights, honour, privacy, intellectual property, reputation, personal data, advertising contracts and civil or criminal liability, depending on the case.

These risks may arise in situations such as:

• Unauthorized use of a person’s image.
• Identity theft through video or audio.
• Creation of false campaigns.
• Manipulation of statements.
• Commercial use of a cloned voice.
• Reputationally harmful content.
• Advertising generated without consent.
• Fraud based on synthetic identity.

Legal protection must combine prevention, rapid response and evidence. In many cases, it will be necessary to prove that the content is false, identify the responsible party, request removal, claim damages or activate measures against platforms.

For companies, this means reviewing digital reputation protocols, talent agreements, image rights assignments, usage authorizations, AI clauses and monitoring measures.

Trademarks on social media: influencers, digital content and reputation

Social media has become a key space for brand building. However, it is also a risk environment: unauthorized use of distinctive signs, fake accounts, unauthorized campaigns, conflicts with influencers, negative viral content or loss of control over reputation.

A brand must also be protected across digital channels. This includes monitoring the use of trade names, logos, domains, social profiles, hashtags, campaigns and collaborations with content creators.

In campaigns with influencers or brand ambassadors, it is advisable to regulate:

• Use of the brand.
• Rights over the content created.
• Duration of the campaign.
• Publication channels.
• Exclusivity.
• Advertising disclosure obligations.
• Reuse of content by the brand.
• Prior approval of messages.
• Reputational crisis management.
• Consequences of breach.

Digital content can have a very long lifespan and circulate beyond the original channel. For this reason, brands need clear contracts, usage criteria and the ability to react to unauthorized uses or messages that may affect their reputation.

What does a lawyer specialized in industrial property and trademark protection do?

A lawyer specialized in industrial property, intellectual property and technological innovation advises companies, creators, startups, researchers, agencies, platforms and rights holders on the protection, exploitation and defence of their intangible assets.

Their functions may include:

• Designing trademark protection strategies.
• Coordinating national and international registrations.
• Reviewing risks before launching products or services.
• Protecting patents, designs and trade secrets.
• Drafting licence, assignment or exploitation agreements.
• Advising on technological innovation.
• Reviewing campaigns with influencers or creators.
• Managing conflicts over unauthorized use.
• Analysing risks arising from generative AI.
• Protecting image, voice and identity rights.
• Defending the digital reputation of brands and professionals.

This profile is increasingly valuable because intangible assets are an essential part of business competitiveness. A trademark, patent, database, technology, image or internal process can be as valuable as a physical asset.

What to study to specialize in industrial property, trademarks and innovation

To work in this field, the usual starting point is legal training, followed by specialization in industrial property, intellectual property, technological innovation, digital law, contracts, competition, data protection and new technologies.

Good training should allow students to understand:

• Trademark registration strategies.
• International protection of distinctive signs.
• Patents and technology transfer.
• Trade secrets and know-how.
• Copyright in digital environments.
• Technology contracting.
• Generative AI and legal risks.
• Image, voice and identity rights.
• Protection of digital reputation.
• Management of intangible assets.

You can also explore other Law programs at ISDE to discover specialization areas linked to business, technology, innovation, intellectual property and legal advisory.

A key specialization for protecting intangible value

Industrial property and trademark protection are essential in an economy where the value of a company does not depend only on its physical products. Trademarks, patents, designs, data, processes, reputation, image and knowledge can be decisive for competition.

International expansion, artificial intelligence, digital content and social media have increased risks, but also created opportunities for those who know how to protect and manage these assets correctly.

Specializing in industrial property, intellectual property and technological innovation means preparing to advise in one of the most strategic areas of today’s legal sector: the protection of the intangible value of companies, creators and institutions.