Flash News

February 11 International Day of Women and Girls in Science

As we well know, industrial property protects scientific innovation by granting exclusive rights that prevent its use without authorization by the owner. The link between industrial property and science is, therefore, undeniable.

The sensitivity of the EU trademarks

The EUIPO’s Observatory publishes a study on the dynamics of EU trademark applications in the last twenty years and the impact that the already “routinized” COVID-19 has had in the period 2020-2022. It also aims to determine the trends of trademark applicants from the point of view of the Nice classification. What conclusions does the

“🎉 A Victory for LEGO in IP Rights!

On January 24, 2024, the General Court of the European Union issued a pivotal judgment in Case T-537/22, concerning the intellectual property rights of the iconic LEGO toy brick. Since 2010, LEGO has enjoyed EU protection for the design of its toy brick: In 2019, this protection was initially revoked by the EUIPO following an

News

February 11 International Day of Women and Girls in Science

As we well know, industrial property protects scientific innovation by granting exclusive rights that prevent its use without authorization by the owner. The link between industrial property and science is, therefore, undeniable.

The sensitivity of the EU trademarks

The EUIPO’s Observatory publishes a study on the dynamics of EU trademark applications in the last twenty years and the impact that the already “routinized” COVID-19 has had in the period 2020-2022. It also aims to determine the trends of trademark applicants from the point of view of the Nice classification. What conclusions does the

“🎉 A Victory for LEGO in IP Rights!

On January 24, 2024, the General Court of the European Union issued a pivotal judgment in Case T-537/22, concerning the intellectual property rights of the iconic LEGO toy brick. Since 2010, LEGO has enjoyed EU protection for the design of its toy brick: In 2019, this protection was initially revoked by the EUIPO following an

Judgment of the UE Court regarding the use of trademarks in automobile spare parts

The car manufacturer Audi is the owner of the EU trademark nº 000018762 in class 12 (for vehicles and spare parts, inter alia), to protect the following logo:

Public Domain opens its doors to new works in 2024

If in 2023 the works of renowned literary authors such as Miguel Hernández or Virginia Woolf entered the public domain, 2024 brings the extinction of the exploitation rights over one of the most famous animated characters in the world, Mickey Mouse, although with important nuances.

Granting aids for the promotion of patent and utility model applications in 2023

The final resolution of the granting aids for the promotion of applications for Patents and Utility Models within the year 2023 was published by the Spanish Patent Office (OEPM) on December 1st. Those granting aids can be consulted on the OEPM’s website.

The economic impact of counterfeiting in the clothing, cosmetics and toy sectors in the EU

Counterfeiting cause the lost of almost 200,000 jobs and billions in sales every year in the EU. Only in the clothing, cosmetics and toy sectors!

Fast action protocol for the Mobile World Congress 2024

From February 26 to 29, a new edition of the MOBILE WORLD CONGRESS (MWC) will be held in Barcelona (Spain).

The new register of audiovisual providers is born

A year and a half after the approval of Law 13/2022, of 7 July, General Audiovisual Communication, the new State Register of Audiovisual Communication Service Providers, which was already announced in the aforementioned law, has come into operation. The most novel aspect of this is the operators affected, as not only (1) audiovisual communication service

Artificial Intelligence Act: Council and Parliament reach agreement on world’s first artificial intelligence rules

The EU has managed to reach a consensus on global regulations on artificial intelligence (AI), launching the first legislative proposal of this type in the world, becoming a possible global reference for regulating AI in other jurisdictions.

“Not Without My Sneakers”: The Legal Dynamics of Fashion and Intellectual Property in the World of Sneakers

The world of sports shoes or “sneakers”, transcends its role as a cultural and fashion phenomenon, becoming a fertile ground for legal battles in the intellectual property arena. This dimension of law is exemplified in two recent cases that have ignited significant debates.

New Spain’s Data Protection Authority (AEPD) guidance on the use of biometric data for work time attendance and access control.

On 23 November, the Spanish Data Protection Agency (AEPD) published a new guidance on presence control processing using biometric systems. Although the AEPD guides do not have the status of a regulation, it does establish the criteria to which its actions will respond in the application of the GDPR. This guide changes the scenario, sets

EUIPO-EPO joint study: trademarks and patents registration improve the financing of STARTUPS.

A new joint study by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO) finds that intellectual property (IP) rights are a significant factor in the success of European startups. The report shows that, on average, startups that apply for trademarks and patents rights prior to their initial seed or early

Haribo’s gummy bear found to be distinctive

In the opinion of the undersigned, in recent years it seems like an impossible mission to get the EUIPO to consider a trademark that deviates from “normal standards” to be distinctive. There are numerous obstacles that the applicant must face every time they try to overcome the exam of absolute grounds of refusal. Without being

Platform EBSI-ELSA

Yesterday, November 7, the Webinar arranged by the EUIPO to announce the platform EBSI-ELSA, on which the Office has being working. This initiative developed by the EUIPO tends to improve the fight against counterfeiting that affects not only the rights holders, but also the economy of a country and, of course, the final consumer’s interests

The Film and Audiovisual Arts Institute (ICAA) announces grants for the promotion of cultural diversity dissemination activities carried out by cinemas in 2023.

This measure is intended to give continuity to the support started in 2020 to the film exhibition sector, one of the most affected by the extraordinary situation caused by the COVID-19, as it was forced to the complete closure of cinemas. Subsequently, in 2021, it faced the resumption of its business activity with significant limitations

Craft and industrial products in the EU will be protected as Geographical Indications

On 18 October 2023, the European Parliament and the Council of the European Union signed on Strasbourg the regulation establishing geographical indication (GI) protection for craft and industrial products.

The Supreme Court confirms a judgement to pay “moral damages” in cases of trademarks counterfeits, even if the fake products have not been marketed

It seems that the Spanish Supreme Court is willing to change the panorama that trademark owners have been facing when exercising their rights against counterfeits in Spain.

Steam’s geo-blocking infringes free competition in the EU

The General Court decides on the geo-blocking of videogames by Steam to ensure the effectiveness of exclusive licenses between publishers and distributors.

Does the Spanish Whistleblower Protection Act have an impact on the protection of personal data in your company?

  If your company has more than fifty employees, the answer is YES.

New civil cassation appeal and new Rules of the governing chamber of the Supreme Court on the requirements of the pleadings and opposition briefs

More than one was thinking about the summer holidays and just a few days before, we were surprised by the new regulation of the civil cassation appeal that the Spanish legislator has promoted through Royal Decree 5/2023 of 28 June.

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

Iberian Lawyer IP & TMT Awards 2023

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

gala global advertising lawyers

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

Happy World Intellectual Property Day!

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.

world trademark review

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

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

First GDPR related fines in Europe

Almost a year after the application of the General Data Protection Regulation (GDPR), the first sanctions begin to be imposed in Europe.

aepd

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

impedir bloqueo geográfico

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.

protección de las publicaciones de prensa

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

brexit

BREXIT uncertainty

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.