The Supreme Court sets limits to the "Rosco" of Pasapalabra
The Supreme Court has ruled on the controversy relating to the "Pasapalabra" quiz show format, focusing on the so-called "Rosco" and its possible legal protection. This ruling addresses the limits of intellectual property in relation to television formats, as well as their possible inclusion in the field of unfair competition.
Key points:
- Distinction between idea and expression: the Court recalls that the rules or dynamics of a game show are not protectable per se if they do not present a sufficient level of concreteness and originality.
- Nature of the "Rosco": this element is largely configured as a game mechanic, which limits its consideration as a protectable autonomous creation.
- Requirement of originality: the infringement can only be assessed when specific creative elements are identified, and coincidence in the general structure of the format is not sufficient.
- Requirement of originality: the infringement can only be assessed when specific creative elements are identified, and coincidence in the general structure of the format is not sufficient.
- Substantial similarity: the analysis focuses on whether there is a reproduction of protectable elements, ruling out infringement when the coincidences affect functional or common aspects.
- Unfair competition: thejudgment also assesses whether the conduct may constitute unlawful imitation or taking advantage of the efforts of others in accordance with the applicable regulations.
- Free availability of the mechanics: it reinforces the idea that the rules of the game must remain accessible on the market, unless they form part of a broader original creation.
Article written by the TMT area of ECIJA Madrid.
Links:

Related professionals
LATEST FROM #ECIJA

In light of the rise in online scams and fraud, SUTEL is calling for changes.

Overall cyberattacks are up five times this year, with over 33,300 attacks recorded between January and April, as per a new report by Kaspersky.

ECIJA has been nominated in 11 categories for the The Legal 500 Iberia Awards 2026, an awards programme that recognises excellence among law firms and legal professionals in Spain and Portugal.

The project will establish the foundations for the secure, scalable, and responsible design, development, and deployment of artificial intelligence solutions within the regional government

ECIJA Ecuador analyses the legal framework governing esports and sports betting in Ecuador.

The EU Council has definitively adopted the Digital Omnibus Regulation on AI, which amends Regulation (EU) 2024/1689 to simplify and streamline the application of harmonised rules on artificial intelligence.

The Congress of Deputies has approved the draft Organic Law on the responsible use and governance of artificial intelligence.

ECIJA Brazil has been recognized by Leaders League as one of the leading firms in data protection in 2026, consolidating its position in the Brazilian market in the fields of innovation, technology, and telecommunications.

A new threat: the impersonation of company executives’ voices using AI to commit fraud and scams.





