abril
english español
Contactar con Abril Abogados

News

August, 2010

July, 2010

SGAE vs Jesús Guerra Calderón

Ignacio Temiño. Case Nº 261/09, Barcelona Commercial Court Nº 7, March 2010

May, 2010

Barcelona 2010 ASIPI-ECTA

Abril Abogados offers a Welcome Reception on June 14, 2.010 at 22'00 at Barcelona Football  Club Stadium CAMP NOU.

April, 2010

March, 2010

Amendments to the Spanish Unfair Competition Act

The Unfair Competition Act has been amended by the law 29/2009 which implements Directives 2005/29 EC and 2006/114 EC into Spanish national Law.
The Unfair Competition Act has been amended by the law 29/2009 which implements Directives 2005/29 EC and 2006/114 EC into Spanish national Law.
Among the most relevant changes, it is worth noting the broader scope of the law, since it will be from now on also applicable to unfair business-to-consumer commercial practices before, during and after a commercial transaction, regardless the transaction finally takes place or not.
The main clause has been broaden and classifies as unfair commercial practices those which could distort the economic behavior of the average consumer. The average consumer is for the first time, referred to in a regulation. This consumer is the standard to determine whether or not commercial practices are unfair. However the law also considers the possibility to determine unfair commercial practices taking into account the behavior of an average consumer of clearly identifiable group of consumers who are particularly vulnerable. The territory clause has been deleted in order to harmonize the national law with the community principles governing the community market. The legal framework regulating misleading practices, misleading omissions, aggressive practices and misleading advertising has been broaden in order to include all the practices which can be qualified as misleading in a sole law. Chapter nº III has been included to regulate unfair commercial practices concerning the nature and features of the goods and services, their availability and after- sales services, aggressive practices using harassment and/or coercion regarding minors.  The deadline for filing an unfair competition action has also been amended, starting the term or “dies a quo” to file the same, after the unfair competition practice has finished.

Links to P2P sites are legal in Spain

The Mercantile Court of Barcelona has rejected the action filed by the SGAE (Spanish  Society of Authors, Composers and Publishers) against a web site offering links to P2P.

February, 2010

Copyright Commission

Spanish Copyright main laws are proposed to be amended by the controversial project of the Sustainable Economy Law.
This new law would allow a Judge to close down any web page which is found to be infringing the copyright law.  The Judge could only act on the basis of a formal complaint filed by the Copyright Commission to remove illicit material or close a website within four days. The Ministry of Culture has confirmed that end users will not be affected since their internet access will not be closed as in France. The aim of this new law is to pursue both internet websites allowing direct downloads and p2p  file sharing programs.

DIabolo II Operation

Important seizure of counterfeited products

A joint operation, codenamed DIABOLO II, conducted by customs authorities from 13 Asian countries and 27 EU Member States has led to the seizure of more than 65 million counterfeit cigarettes and nearly 400.000 other counterfeit items such as shoes, toys, cameras etc. of over 20 different Trade Marks.  The excellent success of this operation was the result of the effective work involving the OLAF (European Anti -Fraud Office) with the support of EUROPOL and INTERPOL.
The operation also resulted in further international investigations into criminal activities, reporting that 89 individuals or companies involved in criminal organizations were identified.
Although  the results and experiences of Diabolo II will be discussed at further forums, it has been demonstrated the importance of working in cooperation involving  joint customs officials  in order to obtain an effective response to the problem of piracy.

September, 2009

Fundación Genoma España

Genoma España selects Abril Abogados.

GENOMA ESPAÑA the Spanish Foundation for Research Development in Genomics and Proteomics, has included ABRIL ABOGADOS  among the firms selected for contracting services related to the management of  Intellectual Property portfolio.

Ignacio Temiño in World Trademark Review

Ignacio Temiño partner of  Abril Abogados, has been acclaimed by the well– kwnown magazine World Trademark Review (August/ September 2009 edition),  as one of the  most important Spanish legal experts  in Intellectual Property.

Copyright collecting entity fined by the Antitrust

The  Antitrust Comission ordered AIE the payment of 770.000€ since the fees established to TELECINCO have been considered  discriminatory.
The Antitrust Commision has issued a decision, upholding the appeal lodged by the Spanish TV  channel TELECINCO against the entity “AIE” in charge of the management of the author and performer copyrights in Spain. The  Comission ordered AIE the payment of 770.000 Euros since the fees established to TELECINCO have been considered  discriminatory. The AIE has the monopoly regarding the management of performers copyrights, and from this dominant position established general fees for the use of those copyrights,  which have been considered by the Comission as being exorbitant and affecting to  the public      interest. Within the negotiations with the different TV channels, the AIE established abusive fees ruling in favor of its own interest. Moreover in the particular case of TELECINCO, the applied fees were higher than the applied to other TV channels for ther use of the same copyrights.
The Comission has stated that due to the special and privileged position  the AIE holds, the entity has a higher responsability in terms of transparency and objectivity than any other company. In the light of the above mentioned, AIE has been sanctioned and would have to rectify the general fees in order not be abusive.

Judgment on Trademark dilution: BIO

The Spanish extension of the International Trademark  “BIO” was cancelled on the grounds of dilution.
The Spanish Supreme Court has issued an awaited Judgment on trade mark dilution. The Spanish extension of the International Trademark nº 213645 “BIO” in class 29 was cancelled on the grounds of dilution. According to the Judgment found the cancelled mark’s owner contributed to the dilution to the “BIO” mark by consistently using it together with the applicant’s “house mark”. The Court found that this association lead consumer’s to infer that “BIO” was not a mark, but a specific kind of yogurt with biological components and properties marketed by the applicant.

July, 2009

June, 2009

April, 2009

Abril Abogados in ranking Legal 500

Abril Abogados has been considered again as one of the best Intellectual Propoerty and New Technologies firms

March, 2009

European Patent Office - fees

New structure and amendments of fees for european patents applicable as from 1 april 2009

February, 2009

Camper vs Frau

The Court of First Instance of the European Union confirmed the Spanish footwear company CAMPER owns the exclusive rights of the device mark consisting on an arch (or bridge) and rejected the application filed by the Italian company Calzaturificio Frau

The Judgment of the Court of First Instance of the European Union of November 5, 2.008 confirmed the Spanish footwear company CAMPER duly represented by ABRIL ABOGADOS owns the exclusive rights of the device mark consisting on an arch (or bridge) and rejected the application filed by the Italian company Calzaturificio Frau consisting on a similar mark as considering a likelihood of confusion could arise.  Dated on 2.003, the OHIM  rejected the CTM   application filed by Calzaturificio consisting on the representation of a stylized arch (or bridge) bent to the right claiming protection for  clothing, shoes, headgear, leather and imitations of leather, trunks,  cases and umbrellas. OHIM   rejected the CTM application in class 25, and Camper appealed such decision, asking the prohibition to also include goods in class 18.  The Board of Appeal considered the CTM application intended to be used by Frau designates   identical goods as CAMPER’s prior mark,   extended therefore such prohibition to class 18. Frau filed an appeal before the CFI which has confirmed both the Board of Appeal and OHIM’s    decisions.

New Director in the Patent Department

Our firm opens 2009 with the recruitment of Jesus Sahuquillo as head of the Patent Department

October, 2008

Legislative Modifications

September, 2008

April, 2008

London Agreement

The London Agreement the end of translations

The London Agreement regarding the new conditions in validations for European Patents is due to come into force on May 1st, 2.008, and will apply to all states which have both ratified it and deposited their instruments of ratification.

The Agreement will make patenting in Europe cheaper by reducing post-grant translation costs. European Patents may be granted in one of the three official languages of the EPO, namely English, German and French. A full translation of the claims will continue to be required in these countries which are not party of the London Agreement, Spain among others.

Enforcement of Community Designs

Apple & L´Oreal fight for the enforcement of their Community Designs 

APPLE request the registration of the design of its MP3 reproducer iPod Nano before the OHIM. Apple arged thet the Spanish Sports Newspaper "AS" was offering to its readers a MP3 reproducer which was substantially identical to the RCD. The judge found that the Regulation did not require teht there was identity between the protected design and the infringing goods to declare the infringement, since the comparison has to be make on the whole.

L´OREAL sought a declaration of infringement and an order refraining the defendant form using its RCD for an ayalash curler. The judge found that due to the identical number of parts, distribution, configuration and shape of the curler, the overall impression produced was highly similar to the RCD. The defendant was ordered to withdraw the infringinn goods and to pay 43.128,00 euros in damages to L´OREAL.

Managing Intellectual Property

Abril Abogados recomended by Managing Intellectual Property


Managing Intellectual Property,one of the main world-wide pubblications in the field of the IP has published the results of the survey of Managing IP's IP survey and has cited Abril Abogados as one of the fastest-growing IP practices in Spain

Abril Abogados in Legal 500

The European Legal 500 recomended Abril Abogados one more year considering us one of the most important fimrs in Spain in the field of Intellectual Property, Data Protection and New Technologies

The anual pubblication that every year analises the legal sector in every EU countries, one more year recomends Abril Abogados as one of the most importants firms in the field of IP.

Moreover, highlights the fastest-growing of the New Technologies and Data protection Departments placing our office amongst the seven recommended firms.

 

 

February, 2008

December, 2007

Abril listed in Chamber’s ranking 2008

The prestigious legal ranking yearly published by Chambers & Partners (UK) has included Abril Abogados in his selection of the best firms for the next edition 2008...

rmed with the “small firm advantage of being able to truly know and understand the client,” this young newcomer enters Chambers’ tables on the strength of enthusiastic market feedback. Formed in 2001, the firm provides an integrated IP service, handling both filing and litigation. Sources say: “The team does its homework, and always comes prepared with a great selection of options - and best of all, the lawyers don’t charge you for every last thought.”  Ignacio Temiño heads the department and is lauded for his “swift and well-judged actions which always resolve the problem without complicating matters.”

The prestigious legal ranking yearly published by Chambers & Partners (UK) has included Abril Abogados in his selection of the best firms for the next edition 2008. The exclusive selection made by the Editor for the Spanish market of Intellectual Property firms comprehends eighteen firms. Abril is one of the few listed firms rendering prosecution and litigation services in IP field. In the opinion published Abril is “a

October, 2007

Ignacio Temiño nominated by IP Luminaries

September, 2007

May, 2007

January, 2007

abril informa

SGAE vs Jesús Guerra Calderón

Ignacio Temiño. Case Nº 261/09, Barcelona Commercial Court Nº 7, March 2010

more

Barcelona 2010 ASIPI-ECTA

Abril Abogados offers a Welcome Reception on June 14, 2.010 at 22'00 at Barcelona Football  Club Stadium CAMP NOU. more
Copyright © 2007 Abril Abogados | Legal announcement | Contact us
Designed by: PUBLITIA