Conviction for sale of fraudulent software

On 5 July 2019 the Oviedo Court of Appeal (Section 3) confirmed a trial court decision which had: found the defendant guilty of copyright infringement; sentenced him to six months’ imprisonment; and ordered him to pay the plaintiff’s court costs and damages of an amount to be determined during the enforcement of the sentence on…

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Criminal sentence for possession of infringing FC Barcelona t-shirts

On 26 June 2019 the Madrid Court of Appeal confirmed a 29 December 2018 decision of the Madrid Trial Court Number 11, which had sentenced a Spanish resident of Chinese origin to five months’ imprisonment for the possession of 9,317 counterfeit items of clothing – including t-shirts which infringed FC Barcelona’s IP rights – for…

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Effectiveness of protective briefs in pharmaceutical patent matters

As a general rule, defendants in Spain must be heard before a preliminary injunction request against them can be upheld. Preliminary injunctions can therefore be granted ex parte only in exceptional cases – namely, in cases of urgency or if the hearing could jeopardise the preliminary injunction’s aim. However, in pharmaceutical patent cases, plaintiffs often…

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