Author Archives: Administrador

NFTs and IP in Spain overview and ongoing litigation

Judgment of acquittal overturned due to incorrect assessment of evidence

Standard essential patents and FRAND licences EU regulation proposal

Office chair headrest designs found to invalidate later Community design consisting of garden chair headrest – World Trademark Review

Barcelona court lifts ex parte preliminary injunction over dimethyl fumarate medicinal products

Barcelona court rules on need to prove patentability requirements of subsidiary patent claims

New developments in IP legislation for 2023 in Spain

Specific protocol to protect IPR for MWC 2023

ECJ finds that Spanish copyright legislation aligns with EU law with respect to compensation for private copying

Court confirms legality of actions which led to criminal procedure instruction in IP matter

Spanish patent court upholds patent infringement actions against Telefónica in relation to its pay television platform Movistar +

Court confirms compatibility of sangria trademarks LOLEA and LOLA MOLA

Court rules that architectural project involving ancient oak tree does not infringe prior project proposal

Modernisation of Spanish justice system key changes

Malaga Court of Appeal requires first-instance court to specify bases to establish defendant’s civil liability in counterfeit clothing case

Supreme Court confirms compensation of €561,240.37 for using competitor’s trademark as AdWord

Malaga Court of Appeal requires first-instance court to specify bases to establish civil liability of convicted individual

Barcelona Court of Appeal confirms revocation of ezetimibe and simvastatin SPC

Court requires defendant to pay bond of more than €1.5m during preliminary investigation phase of proceedings

Criminal conviction upheld following annulment of prior acquittal

Specific protocol to protect IP rights for MWC 2022

Madrid Court of Appeal confirms dismissal of infringement action in bosentan patent case

Trademarks in Spain: procedures, examination and opposition

Supreme Court rejects consumer error theory

Specific Protocol to protect IPR for the Mobile World Congress (MWC), the world’s largest and most important event in the mobile communications industry, which will be held in Barcelona from 28 June to 1 July, 2021.

#MWC21 #MobileWorldCongress #GSMA #telecommunications #mobiles #ip #iplawyers #grauanguloteam #allaboutIPlitigation

Catalonia High Court of Justice confirms grant of DYNAMIC SANTIVERI trademark

On 23 February 2021 the Fifth Section of the Contentious-Administrative Chamber of the Catalonia High Court of Justice (CHCJ) dismissed a contentious-administrative appeal filed by Laboratorios ERN SA, thus confirming the grant of Spanish Trademark 3,717,283, DYNAMIC SANTIVERI.

Second-instance court nullifies acquittal due to incorrect interpretation of IP crime

On 2 February 2021 the Madrid Court of Appeal nullified a first-instance trial court judgment which had acquitted the defendants of committing a criminal offence.

Barcelona Court of Appeal confirms legitimacy of Tommy Hilfiger’s use of TH sign

In an 18 January 2021 judgment, the Barcelona Court of Appeal confirmed the 4 December 2019 judgment of Barcelona Commercial Court 6 which dismissed a trademark infringement action brought against Hilfiger Stores Spain (HSS), SL

Appeal court confirms criminal conviction for commercialisation of infringing products

In its judgment of 14 October 2020, the Madrid Court of Appeal confirmed the condemnatory judgment of Madrid Trial Court Number 25 for a crime against industrial property under Article 274.2 of the Criminal Code. ‘]

Superior Court of Justice confirms criminal conviction for wholesale and retail sale of fake garments

In a judgment of 29 October 2020, the Civil and Criminal Section of the Superior Court of Justice of Madrid (TSJM) largely dismissed the brief of appeal filed by the defendant against the convictional judgment issued on 24 April 2020, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence,…

Second preliminary injunction request based on amended form of patent dismissed

On 27 November 2020 Barcelona Commercial Court Number 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product.

Preliminary injunction issued for the issuance of European certificates of conformity for face masks under infringing sign

On 17 July 2020 the Alicante Commercial Court 1, acting as the European Union Trademark (EUTM) Court 1, granted an ex parte preliminary injunction, which had been filed by the German association Tüv Markenverbund, EV (TÜV) against Tuv-World ECC Certification Service, SL (Tuv-World) for infringement of its EUTM for the distinctive sign TÜV.   Read…

Appeal court confirms revocation of Spanish SPC for Truvada

During the current state of alarm, on 23 April 2020 the Barcelona Court of Appeal issued a judgment confirming the invalidity of Gilead’s supplementary protection certificate (SPC) for the combination of tenofovir disoproxil + emtricitabine, thus upholding a first-instance decision favourable to generic competitors Teva and Mylan. The matter has been broadly followed in Europe,…

Copyright protection of fashion designs in Spain after Cofemel

Fashion designs tend to be short lived, sometimes available only for a single season before being replaced by other designs. This is reflected in EU legislation. Unregistered community designs were specifically conceived to protect these kinds of design, regardless of the possibility of opting for the more solid protection conferred by registered designs.   Read…

IP-related measures adopted due to COVID-19

The health crisis caused by the rapid spread of COVID-19 led to the approval and entry into force in Spain of Royal Decree 463/2020 on 14 March 2020, which declared a state of alarm. This has led to the adoption of diverse judicial and administrative measures which are being adapted to changes during the COVID-19…