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ICLG - The International Comparative Legal Guide to: Patents 2017. Chapter 22 - Spain

ICLG - The International Comparative Legal Guide to: Patents 2017. Chapter 22 - Spain

ELZABURU Associate Partner, Colm Aherm, analizes Spanish patent situation.

 

The CJEU has given its judgment in case C-419/15 about whether the holders of licenses in Community designs, which had not been entered in the register, were entitled to bring actions for infringement.

 

On 12 July 2016 EUROPOL’s headquarters in The Hague witnessed the launch of the Intellectual Property Crime Coordinated Coalition (IPC3).

 

Brexit in IP? Not so fast

The decision of the United Kingdom to “withdraw from the Union” – in the language of the much mentioned article 50 of the Treaty on European Union – appears to have opened up The Gate of the Hundred Sorrows.

 

On 12 July 2016, the European Commission adopted a new arrangement for international exchanges of data between the United States and the European Union, namely, the “Privacy Shield”.

 

Updating the design protection system

Pedro Saturio, associate partner of ELZABURU, analyses two studies recently commissioned by the European Commission for the purpose of reviewing and assessing the effectiveness of design protection systems in Europe.

 

If you are going to let premises or a sales point in a market hall to a trader who could be infringing intellectual property rights, bear in mind that you could end up being sued by the rightholders.

 

In this decision, the CJEU held that Article 5(2)(b) of Directive 2001/29/EC must be interpreted as precluding a scheme for fair compensation for private copying like the Spanish system, which is financed from the General State Budget.

 

In the judgment of 22 June 2016, C-280/15, the plaintiff –the holder of an EU trademark- filed a complaint for unlawful use of her trademark as a “hidden keyword” on an Internet website. The use in question had allegedly commenced prior to the public

 

In this decision, the CJEU tackled an international jurisdiction issue, since what was essentially under debate in the main proceedings was the applicability of Article 5(3) of Regulation 44/2001 on jurisdiction in civil and commercial matters,

 
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