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: 

• Judgment of the Supreme Court (Civil Chamber), no. 758/2026.