Of all the arts, music stands out for its unique ability to transcend the limitations of language and form; it serves as a way to express the inexpressible, as explored in philosophy. Music communicates beyond words, languages, or even images," declares Joana Fialho Pinto.
As part of FICPI's celebration of World IP Day 2025, whose theme is "Celebrating the beat of IP in music", we interviewed a number of FICPI members for whom music is dear to their professional and personal interests.
Joana is a Trademark and Patent Attorney at Inventa in Portugal, whose work in IP allows her to foster the protection and promote creative innovation.
She explains, "This intersection of justice and artistic expression not only enriches my professional life but also provides me with personal fulfilment."
The field is an exciting one.
Defending an iconic band against a trade mark application
Joana recounts her experience of defending an iconic band against a trade mark application for a wine product that attempted a wordplay on the band's name.
She describes how the band's name was already registered as a trade mark, and as a bonus, there had been a collaboration involving a wine project with another entity.
Joana details, "Additionally, the Portuguese trade mark office recognised the band's trade mark reputation. Moreover, the PTO refused the application because the trade mark similarity infringed upon the band's artistic name, as it was used as part of the titles in the original works released by the group and protected by author's rights. Furthermore, using the (band's) name without consent was considered another reason for refusal."
Her interest in the field of IP as it relates to music was sparked by a profound appreciation for music and art in general, as well as a genuine respect for those who express themselves authentically.
Joana reminisces, "Early in my career I took a break from the legal path for an enriching engagement at a marketing and advertising agency. There I was surrounded by creatives and that broadened my horizons. After the break I felt compelled to return to law and was fortunate to discover intellectual property — an area I have been dedicated to ever since."
The connection between legal protection and the artistic world forged through intellectual property rights is one which she finds immensely valuable.
She adds, "I appreciate the diversity of languages and cultures, valuing the opportunity to communicate and build connections, which aligns with my appreciation of intellectual property in a global context."
Musical influences and artists
On a personal level, Joana is a child of the '80s with a fondness for the music of that era, whilst having grown up in an environment rich with classical music, leading to a truly eclectic mix on her Spotify which she can be heard singing along to in her car.
Joana adds, "My most meaningful musical experience was being part of the school choir as a teenager for several years, an experience I treasure deeply. Like team sports, choir participation offers a unique dynamic; the non-verbal communication that happens while singing is fascinating."
Turning back to her professional life, Joana reflects on her focus on trade mark law and the intersection between trade marks and music-related matters:
"Firstly, artists leave an indelible mark on the world — the names of bands and musicians serve as distinctive signs that can be registered as trade marks. These trade marks provide essential legal protection for commercial distinction, ensuring exclusivity and facilitating the establishment and maintenance of reputation. While not replacing authorship rights, trade mark registration is relevant for securing the artists' financial interests and market positioning, thereby empowering and motivating them to persist in their creative endeavours.
Secondly, I would highlight sound trade marks. Sounds and short melodies used as trade marks can distinguish products while forging profound emotional connections with consumers. Beyond their distinctive function, sound marks fulfil a secondary advertising role, often leveraged by contemporary marketers to craft a memorable and enduring presence in the consumer's mind. Sounds can help businesses differentiate their goods and services in the market while strengthening emotional connections with their target audience. This underscores the persuasive power of sounds and brief melodies in shaping consumer perceptions."
The future of creativity and impact of AI
Reflecting on the impact of artificial intelligence on creatives in the music field, Joana comments, "The future of music and intellectual property poses significant challenges as music creation is being redefined in the era of generative AI. I also have concerns that algorithm-driven suggestions might stifle originality and experimentation. It is vital to maintain an appreciation for the "B-sides" of music, ensuring diversity and depth in artistic expression."
Despite these challenges, Joana remains optimistic and has faith in human creativity.
She adds, "Global accessibility offers unprecedented opportunities for artistic inspiration, and the internet serves as a platform for undiscovered talents. AI holds the potential to free up more time for exploring and appreciating music. Therefore, there can be a promising future for both artists and audiences worldwide.
"For me, the significance of music lies in its power to evoke emotions and connect human beings, sparking shared feelings and fostering connections beyond the obvious. By enabling these bonds and a consequent sense of identification, music acts as an instrument of peace. Intellectual property ensures that creativity is nurtured and this vital form of human connection is preserved."
Originally published by FICPI.
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