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
CJEU recognises fair compensation for private copying for cloud storage
The CJEU accepts the application of the private copying exception to cases where a natural person makes copies for private, non-commercial use by uploading protected works to a cloud storage service. On 24 March, the Court of Justice of the European Union ruled on an important copyright case (Case C-433/20, Austro-Mechana), specifically on the private
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?
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
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
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
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
Proposal for a Directive of the European Parliament and of the Council on copyright in the digital single market
After its rejection last July, the European Parliament has approved its amendments to the text proposed by the European Commission, for the modernization and adaptation of the community regulations on copyright to the digital age. In this proposal to reform the copyright directive in the approved Digital Single Market, the main highlights are:
The Government of Spain approves an emergency Royal Decree-Law to specifically regulate the sanctions and procedures arising from the new European Data Protection Regulation
On July 27, the Spanish government approved Royal Decree-Law 5/2018 in order to adapt the Spanish legal system to the European Data Protection Regulation (hereinafter, “RGPD”) in those specific aspects whose regulation is not reserved. to Organic Law but that do not admit delay. This Royal Decree-Law will be in force temporarily, until the entry
In two months all companies and administrations must comply with the obligations established by the General Data Protection Regulation
Alvaro Ramos Suárez Associate Lawyer The new European data protection regulation, RGPD, comes into force on May 25. There are barely two months left to adapt the processes related to data protection to the new regulation.
Protection against new brand domains
The new gTLD domains, also called “brand domains” are very close to being active. Under this category, you can request domains that match already registered trademarks, but also domains that are generic names (a.e. “.abogados”) and demonyms (a.e. “.madrid”).
Grants for Patents and Utility Models
One more year the Spanish Patent and Trademark Office publishes the call for grants to promote applications for patents and utility models.
New .xxx domains
Opening of the period for requesting the blocking of .xxx domains to trademark rights holders. Starting today and until October 28, registered trademark holders will be able to claim the exclusion of their signs from the domain name assignment system for the .XXX level.
Online magazine display
The exhibition of magazines through the internet is illegal. Faced with the judicial decisions that are having the most media impact regarding the violation of exclusive rights through the Internet, a precautionary order is now issued by the Community Trademark Court No. 1 of Alicante.
New addition to the patent department
We have reinforced the patent department with the incorporation of Eva Serrano Ramos as head of the chemical, pharmaceutical and biotechnological area. Eva has extensive professional experience in the field of patents in the chemical, pharmaceutical and biotechnological areas.
Tradenames, the importance of registering trade names.
The importance of registering trade names. The Commercial Name is that sign or denomination that serves to identify a natural or legal person in the exercise of a business activity and that distinguishes its activity from identical or similar activities.
Abril Abogados in Genoma España
The Fundación Genoma España selects Abril Abogados. Genoma España has recently included us among the exclusive and small group of law firms selected for the contracting of Industrial Property services related to the management of its technological portfolio.
New LOPD Regulation
Entry into force of the Regulation that develops the Organic Law on Data Protection. On April 19, 2008, Royal Decree 1720/2007, of December 21, came into force, approving the Regulations for the development of Organic Law 15/1999, of December 13, on the protection of personal data.
Reduction of OAMI tax
The OAMI has published the disappearance of the registration fee for community trademarks. The OAMI has just published on its website that the fee reduction announced by the European Commission is expected to come into force at the beginning of May, this means the disappearance of the registration fee and an increase in the application
Launch of .tel domains
With the approval of the “.tel” domains, a new global real-time directory of companies/individuals will be created, with “.tel” being the first domain that allows direct communication with companies through any device with access to Internet.
Changes in the European Patent Convention
On December 13, a series of substantial changes in the European Patent system will come into force. These modifications are the result of the agreements reached at the November 2000 Diplomatic Conference held in Munich, and represent the most important and profound review that has been carried out on the Convention since its inception in
New Surveillance Service in China
New Surveillance Service in China for trademarks with non-Latin characters. In view of the growing interest in the Chinese economy and given the complexity of the language, our usual supplier offers us as a novelty the possibility of requesting a surveillance service for China.
New domain name plan .es
Domains .es. On May 31, 2005, the BOE published ORDER ITC/1542/2005, of May 19, approving a new National Plan for Internet domain names under the country code corresponding to Spain (“.es”). .
Industrial Design Law
Law 20/2003, of July 7, on the Legal Protection of Industrial Design. The entry into force on July 8 of the new legal regime for Industrial Designs aims to adapt and adapt Spanish legislation in accordance with Directive 98/71/EC of the European Parliament and of the Council dated October 13, 1998.
Vine and Wine Law
Approved the Law of the Vineyard and the Wine. The plenary session of Congress has approved the Vine and Wine Law, which repeals the Vine, Wine and Alcohol Statute that dated from 1970.
National Plan for Internet Domain Names “.es”
The purpose of the new Plan is to make the conditions and requirements for obtaining a second-level domain name .es more flexible, granting extensive functions in this area to the Public Business Entity Red.es, and introducing a novelty, the domain names of third level.
The processing of personal data through video surveillance. Article 29 of Directive 95/46/EC on the processing of personal data establishes the creation of an independent advisory group to study all issues related to the protection of personal data.
National Industrial Design
Draft Law on the Legal Protection of Industrial Design. Before analyzing in a summarized way the novelties established by this project, we must indicate that until its drafting, a large part of the regulations applicable to industrial models and drawings was regulated through the Industrial Property Statute of 1929.
Vine and Wine Law Project
Approval of the Vine and Wine Bill. The plenary session of Congress has rejected the amendments to the entire Vineyard and Wine Bill, for which reason the processing of the standard has begun, the purpose of which is to reinforce the protection of the origin and quality of wines, favor its export, regulate its advertising,
Community Designs and Models
New regulation on Community Designs and Models. With the approval of Regulation (CE) nº6/2002 of December 12, 2001 on Community Designs and Models, the protection of models and drawings registered in the community is granted, and the Office for Harmonization in the Internal Market (OHIM) is in charge of your record.
The enlargement of the European Union
The enlargement of the European Union. The enlargement of the European Union and its impact on the community brand. The forthcoming enlargement of the European Union will bring important changes in the protection of industrial property rights.
Intellectual Property Law
Preliminary Bill for the Reform of the Intellectual Property Law. In the month of November 2002, the Ministry of Education, Culture and Sports presented the draft modification of the Intellectual Property Law.
International brand classification
New international classification of trademarks (classes 43, 44 and 45). Convenience of new registrations? The Nice Classification, in its 7th Edition of 1997, established the existence of 42 categories or classes in which the various products or services that could be claimed when requesting a trademark registration were listed.
Need for opposition under the new Trademark Law. The entry into force on July 31 of Law 17/2001, New Trademark Law, introduces important changes in our legislation on industrial property.
Brand and company name
The brand and the company name are not the same. Traditionally there has been a problem in our commercial law, around the differentiation between the brand and the reason or company name.
Establishment signs in the new Trademark Law. Continuing with the analysis of the new Trademark Law 17/2001, which will enter into force in its entirety on July 31, we must highlight, among its articles, the establishment in the third transitory provision of a transitory regime.
The res judicata exception in the new Trademark Law. Continuing with our analysis of the new Trademark Law 17/2001, which will enter into force in its entirety on July 31, we must highlight among its articles the express establishment (article 53), that it will not be possible to sue before the civil jurisdiction the nullity
Proposal for a Directive on the patentability of software. On February 20, 2002, the Proposal for a Directive of the Council and the European Parliament regarding the patentability of computer-implemented inventions, with legal basis in Article 95 of the EC Treaty, has materialized in Brussels.
Information Society Services Law
Approval of the Information Society and Electronic Commerce Services Bill. On February 8, 2002, the Council of Ministers approved the referral to the Cortes Generales of the Draft Law on Services of the Information Society and Electronic Commerce.
Registration of the intellectual property
Transfer of powers to register Intellectual Property RD288/2002. By means of Royal Decree 680/1985, of April 19, and in accordance with the second transitory provision of the Statute of Autonomy of the Community of Madrid, the transfer of the means linked to the exercise of the functions of Intellectual Property was carried out to the
The New Trademark Law
Notorious and renowned signs in the new Trademark Law. The New Trademark Law, 17/2002 of December 7, which will enter into force, in its entirety as of July 31, 2002, introduces in our national legislation the reinforced protection of well-known and renowned trademarks.
Preliminary draft of the Industrial Design Law
Draft Law on Legal Protection of Industrial Design. Spanish regulations on industrial property have undergone significant development in recent decades, however, in relation to industrial models and drawings, the regulations established by the Industrial Property Statute of 1929 still apply.
The RTD Framework Program
The RTD Framework Program is configured as an integrating and structuring instrument for European research. This instrument is, today, in the debate phase, in second reading, within the European Parliament.
Community Design Regulation
Approved the regulation on community design. The Council of Ministers of the European Union has approved, at its meeting on December 12, the Regulation on community design, which provides for community-wide protection for industrial design, with uniform effects throughout the European Union .
New judgments of the TJCE
The exhaustion of the trademark right: new judgments of the TJCE. The principle of exhaustion of the trademark right is a limit to the right of exclusion that the registration of the trademark confers on its owner.
International classification of products and services
New edition of the international classification of goods and services for the registration of trademarks, creation of three new classes of service marks (43rd, 44th and 45th). On January 1, 2002, a new edition of the International Classification of Goods and Services for the Registration of Trademarks (Nice Classification) will enter into force.
New trademark law by congress
The new Trademark Law is approved by Congress. The Plenary of Congress in its session of November 22, 2001 has definitively approved the text of the Trademark Law Project submitted by the Senate.
Protection of trademark rights in the EU
The Protection of trademark rights in the European Union through Community Trademarks and International Trademarks. With the accession of Ireland to the Madrid Protocol on October 19, all of the 15 member countries of the European Union have already ratified the Madrid Agreement, the Madrid Protocol or both International Conventions that regulate the so-called International
Royal Decree 996/2001
The prior examination of novelty is implemented in the Spanish patent system. On September 11, 2001, Royal Decree 996/2001, of September 10, was published in the Official State Gazette, establishing the general application of the procedure for granting national patents with prior examination.
Research and innovation
Important deductions for research and technological innovation in the footwear sector. The taxpayers of the Corporation Tax can benefit from an important and succulent deduction in the tax quota, due to the investments and expenses that they carry out in the concepts of RESEARCH AND DEVELOPMENT (R&D) activities of new products or procedures. industrial, and
Trademark Law Project
Congress approves the Trademark Law Project. On July 4, 2001, the text approved by the Congress of Deputies in the Commission on Science and Technology, the Trademark Law Project, entered the Senate. The deadline for submitting amendments will end on September 12.
Royal Decree 409/2001
RD establishing general rules for the use of geographical indications in the designation of table wines. On May 13, 2001 (BOE of 05/12/2001) Royal Decree 409/2001 came into force, “which establishes the general rules for the use of geographical indications in the designation of table wines”.
Information Society Services
The preliminary draft of the Information Society Services Law (LSSI) in Spain: a critical view. The Draft Law on Services of the Information Society (latest version of 04.30.01), which is currently in the processing phase before its approval by the Council of Ministers, has generated a controversial and bitter debate in the community of the