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,…
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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.
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.
During the national state of alarm caused by the COVID-19 outbreak and its related health crisis management, measures were adopted affecting IP matters, including the suspension and official interruption of certain deadlines and judicial and administrative actions. Having overcome the exceptional state of alarm, the Spanish courts and administrative bodies have now resumed full activity.…
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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,…
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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…
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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…
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On 26 February 2020 Section 8 of the Alicante Court of Appeal, acting as the Community Design Court, confirmed the infringement of Jemella Limited’s Community design which had previously been declared by the first-instance Community design court (Alicante Community Design Court Number 1). The Community design in question protected the special shape of the well-known…
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– Patent, Trademark, Copyright & Design litigation – Advice on licence agreements – Anti-counterfeiting actions – Domain name disputes – Unfair competition Authors Sonia Santos and Jesús Arribas Read the Spain chapter here This article first appeared in World Trademark Review Yearbook 2020/21, a supplement to World Trademark Review, published by Law Business Research…
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