Obras audiovisuales y Derecho de Autor. La tutela de la propiedad intelectual de los formatos televisivos se refuerza con la resolución europea sobre la marca comercial «El Rosco» de Pasapalabra (asuntos T-381/22 , T-382/22 y T-383/22)

Abstract

Television formats are intangible goods whose commercialization is booming, which has spurred parasitic behavior that can undermine the rights inherent to these creations. The legal protection of these formats —especially those based on successful television schemes— is the subject of intellectual property protection, a sector that offers different legal avenues for its creators. The Pasapalabra format has enjoyed indisputable notoriety to such an extent that it has generated litigation surrounding the ownership of the brand of its final test «El Rosco». This article sheds light on the keys to the case in light of the recent rulings of the General Court of the European Union. These resolutions confer the ownership of this distinctive sign to the creator of the popular television program, which strengthens the copyright protection of television formats and makes it a leading-case in the matter.