NEW REGULATION OF THE INTELLECTUAL PROPERTY REGISTRY
On the 11th July the Royal Decree 611/2023 was published, approving the new Intellectual Property Registry Regulation, which repeals the one approved by the Royal Decree 281/2003. In our current Intellectual Property system, the registration of works is merely declarative, since, as indicated in the Intellectual Property Law (LPI), the consideration of authorship is granted
New administrative procedures for revocation and invalidity of trademarks in Spain for 2023.
Spain was one of the last countries to transpose European Directive 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The delay in transposition and the risk of receiving a fine forced an accelerated legislative process, through an emergency procedure that culminated in Royal Decree-Law 23/2018, which not
Measures to safeguard at Mobile World Congress extend to the metaverse and other virtual spaces
MOBILE WORD CONGRESS will take place again in Barcelona from 27 February to 2 March 2023. The Judges of Commercial Courts of Barcelona and Alicante (with Intellectual Property jurisdiction, among others) have activated for another year the GUARD SERVICE AND SPEEDY JUDICIAL ACTION PROTOCOL for the processing of requests for preliminary proceedings, fact-finding proceedings, requests
Which court has jurisdiction to hear a dispute between two nationals of the same EU Member State to decide on the ownership of a patent filed in a non-EU country?
On September 8, 2022, the Court of Justice of the European Union issued a ruling (here) in a dispute in which two Swedish companies are vying for ownership of both European patents and patents filed in non-EU Member States (specifically China and the United States), which derived from the designation of the inventor. In this
Domain Names: Whois Disclosure System
It is known that with the implementation of the EU GDRP in 2018, accessing to the whois of domain names became a problem. In the context of the ICANN 75, it was discussed the Whois Disclosure System (WDS) which aims to create a System that, on the one hand, complies with the EU GDPR and
The EU General Court confirms the revocation of Apple’s “THINK DIFFERENT” trademark
The last 8th June 2022, the EU General Court passed a judgement were dismissed an appeal from Apple against the revocation of its EU trademark “THINK DIFFERENT” (joined cases T-26/21 y T-28/21). The proceedings come from October 2016 when Swatch AG filed three applications for the revocation of three “THINK DIFFERENT” EU trademarks from Apple
You’re Invited: “Hot Topics in Global Automotive Advertising Law”
In June, the Global Advertising Lawyers Alliance is hosting a series of webinars on the laws governing the advertising of automobiles around the world. The webinars will discuss the current regulatory landscape as well as hot topics in various jurisdictions, such as environmental claims related to hybrid and electric cars, lease and finance
“Informative Manual on Proof of Use, a new mean of defense”
The SPTO has recently published the “Informative Manual on Proof of Use, a new mean of defense” which, as the title indicates, analyzes the proceedings of proof of use made available, as a means of defense, to the applicant of a trademark or trade name in cases in which his application has been challenged by
Amendment of the laws of trademarks, designs, and patents.
On April 15, a webinar was organized by Spanish Patent and Trademark Office (SPTO) that can be watched through its website. The intention of the SPTO was to announce that they are working in a draft to amend the IP laws (first draft is expected to be submitted before the Congress by the end of
Counterfeits travel by sea.
The OECD (Organization for Economic Co-operation and Development) and EUIPO have joined forces to conduct a new study on counterfeiting, which, once again, yields chilling data (the study here). More than half of total value of the counterfeits seized around the world are shipped by sea. This is due to the logistical facilities offered by
“Cifras & Letras” Performers or presenters?
Copyright does not protect ideas, principles, or methods. This is a widely accepted and well-known principle, which is even recognised in various international treaties and conventions such as the TRIP’S or the WCT. But are appearances on TV programmes subject to protection?
Is Apple infringing?
The biometric identification and payment systems of the Apple Touch, Face ID and iPhone Wallet could be infringing at least three USA patents. This is the core of the claim filed last February 23rd before the Western District de Texas (USA) by the Australian Patent Assertion Entity (PAE) by Cpc Patent Technologies PTY Ltd. The
A bullfight is not a copyrighted work.
The Supreme Court’s judgment of 16 February 2021 concludes a long procedure initiated in 2014, as a result of the refusal of the Territorial Registry of Intellectual Property of Extremadura to register a bullfighter’s bullfight as a work. Following this refusal, the bullfighter initiated legal proceeding in order to have the refusal revoked. However, after
Abril Abogados Tier Silver for World Trademarks Review
World Trademark Review once again recognizes ABRIL ABOGADOS in the “Tier Silver” in both categories “Enforcement & Litigation” and “Prosecution and strategy”. The publication recognizes the trajectory of the firm and the complete advice that Abril Abogados provides to both national and international clients. Special mention to the founding partners and the work of Ignacio
Communication in the time of Covid-19: a focus on the tourism and entertainment industries
The reputation protection and the related concept of reputational damage have seen in the COVID-19 pandemic a further, but certainly not new, opportunity for debate and discussion. Normalized the fear, the pandemic has become a business opportunity, with the inevitable side effects, including the misleading communication of the so-called “COVID FREE”.
Ignacio Temiño was recognized by the Best Lawyers®2021 “LAWYER OF THE YEAR” Intellectual Property Law, Madrid
Honored and thankful to be selected by my peers for inclusion in the ‘Best Lawyers’ in Spain as Intellectual Property ‘LAWYER OF THE YEAR’. Only ‘a single lawyer in a specific practice area and location is honored with a “Lawyer of the Year” designation’. Go to the publication
Copies of copies
In 2016 the Court limited the liability of online uses to those advertisements published by oneself or with its consent. It was thus confirmed by the Court that in order for the use in trade to exist, there must be active conduct and direct or indirect mastery of the act constituting the use (p. 39
Juice vs Nectar
After the Barcelona’s Provincial Court sentenced Granini to cease broadcasting an advertising spot of his orange nectar, it is now the Supreme Court which has ruled on that advertising. The action brought by J. García Carrion, owner of Don Simon trademark, against Granini arises from the broadcasting of an advertising spot in which Granini advertised
Copyright on a bicycle?
On 11 June 2020, the CJEU issued its long-awaited judgment in case C-833/18, also known as the Brompton Bicycle case. Beyond the curiosity about the possibility of copyright protection for an everyday object as a bicycle, the peculiarity of this matter lies in the possibility of protecting by copyright products whose shape is necessary to
Join us for the webminar “Legal tools for doing business in the time of COVID-19: best practices and future challenges”
Next Tuesday May 5th Mr. Ignacio Temiño Ceniceros, Partner at Abril Abogados, will participate at the webminar “Legal tools for doing business in the time of COVID-19: best practices and future challenges”
The commercialization of counterfeited drugs exceeds 4.000 million Euros
It is not surprising that in the midst of the coronavirus epidemic, the authorities continue detecting illegal business initiatives that aim to introduce smuggled and/or counterfeited medical equipment into the EU trade, as it has recently been verified when detecting items accompanied by false markings “CE”. Without prejudice to the response that the different authorities
Managing IP EMEA Awards 2020 shortlists announced.
Abril Abogados has made it to the shortlist to the Managing IP EMEA Awards 2020 which winners will be announced in early March.
Rankings: World Trademark Review in both areas of “Enforcement and Litigation” and “Prosecution and strategy”
Abril Abogados has once again been included in the ranking of World Trademark Review in both areas of “Enforcement and Litigation” and “Prosecution and strategy”:
BREXIT: Impact of the UK’s withdrawal from the EU
According to the Withdrawal Agreement concluded between the EU and the UK, the UK left the EU as from 1 February 2020. However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the European Union Trade Marks
The Data Protection Law also protects politicians accused of theft
The Spanish Agency for Data Protection has fined 150,000 euros to the company Cecosa Hipermercados SL, which in 2011 operated the Eroski hypermarket, for not having adopted technical and organizational measures to prevent the circulation of the theft video of the former President of the Community of Madrid, Cristina Cifuentes. On May 4 of 2011
Rubio Snacks successfully defends trademark “Tia Rosa” against Grupo Bimbo
The General Court has confirmed position of RUBIO SNACKS, located in Bullas – Murcia, and has rejected the Appeal filed by GRUPO BIMBO against the refusal of its EU trademark application “TIA ROSA”, all in its Sentence dated on 17/09/2019 (Case T-464/18). In such a way, General Court confirms the decision issued on May 2018
CJEU’s judgment: storing cookies requires internet users’ active consent
On October 1st, 2019, The Court of Justice of the European Union has ruled in case C-673/17 that the consent to store cookies must be active and specific. It declares that does not constitute a valid consent when the user activates the participation button in the game organized for promotional purposes or when he removes
The collection of data as compensation to other purposes than the provision of digital content or services
On May 22, the Official Journal of the European Union published the Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. This Directive aims to establish a set of common rules that will govern the
AEPD fines Avon with 60,000 euros for including the data of a customer in a debtors’ list
The cosmetics company AVON COSMETICS SAU has been condemned by the Spanish Data Protection Authority (AEPD) to pay 60,000 euros of fine for including the data of a client in a debtors’ list. The client suffered an identity theft by a person who used his personal data to acquire an AVON product who, in the
The Spanish Data Protection Authority publishes the list of personal data processing activities in which it is not mandatory to carry out an impact assessment
The General Data Protection Regulation (GDPR), on its article 35.1, states that the organizations are required to carry out an impact assessment when it is probable that the processing of personal data, depending on their nature, scope, context or purposes, entail a high risk for the rights and freedoms of people.
The Constitutional Court declares political parties’ collection of citizens’ data regarding their political opinions unconstitutional
In a briefing note published last wednesday, the Plenary of the Constitutional Court has advanced a ruling that Article 58 Bis 1 of the Law 5/1985, of 19 June, of the General Electoral System (LOREG), incorporated by the Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, is contrary to the Constitution and
Approval of the reform of Spanish IP regulation that develops the Trademark Act. Analysis on its practical impact
The reform of the Spanish Trademark Act 17/2001, which came into force on 14 January 2019, introduced many changes in order to be harmonised with the EU Directive. Thus, we had been waiting for the necessary implementing regulation that has just been published in the Spanish Official Gazette.
The Spanish Data Protection Authority publishes the list of processing operations that requires an impact assessment
The Spanish Data Protection authority has published the list of processing operations in which an impact assessment is mandatory. Thus, it will be necessary to carry out an impact assessment in cases where the processing meets at least two criteria of the list.
New EU Directives to adapt the protection of copyright to the digital single market
After several years of negotiations, the European Parliament has finally approved two new Directives to adapt the protection of copyright to the digital single market. The new regulations include mechanisms to facilitate the clearance of copyright and related rights of radio and TV content for cross-border digital broadcast and retransmissions, on one hand, and lay down rules
The AEPD Circular, which sets the criteria for action in the application of data protection regulations regarding the processing of political opinions by political parties, is hereby published
On March 11, 2019, was published in the Official State Gazette (BOE) the Circular 1/2019, of March 7, of the Spanish Authority for Data Protection (AEPD), on the processing of personal data related to political opinions and dispatch of electoral propaganda by electronic means or messaging systems by political parties, federations, coalitions and groups of
New steps to prevent the unjustified Geo-blocking
Last December 3rd, 2018, came into force the new Regulation (EU) 2018/302 that amends Regulation (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market.
Protection of press publications for digital uses and responsibility of service providers
The European Council, directly represented by the current 28 Member States that constitute the European Union, has rejected the approval of articles 11 and 13 of the new Copyright Directive, concerning respectively the protection of press publications for digital uses and the responsibility of service providers that store and facilitate access to works uploaded by
The recent political events in the UK are generating an increasing concern for both IP practitioners and IP owners about the uncertainty having a negative impact on their IP rights.