Abogados y Consultores. Propiedad Industrial e Intelectual. Marcas. Patentes. España

Abogados y Consultores. Propiedad Industrial e Intelectual. Marcas. Patentes. España

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The Court of Justice of the EU has issued a judgment about the possibility that copyright holders could apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright.

 

Nearly 30 years after passage of the current Patent Act, the legislation currently in force plainly stands in need of revision to bring it up to date with the advances made by society since that time.

 

On 20 March 2014, a new EU Regulation on geographical indications of aromatised wine products was published in the Official Journal.

 

Good news for forgetful applicants in Spain

In a breakthrough decision the Madrid High Court has ordered the Spanish PTO to resume prosecution of a patent application whereby the applicant did not request the search report in the 15 months following the patent application.

 

The CJEU has issued a judgment in joined Cases C-337/12P to C-340/12P on interpretation of Article 7.1.e. CTMR and the requirements to be assessed in the case of trademarks that may comprise the shape of goods necessary to obtain a technical result.

 

In its judgment of 6 March 2014 the Court of Justice of the European Union ruled on the conditions to be fulfilled for a declaration of revocation of a trademark due to loss of distinctive character.

 

User representatives have welcomed the proposal that all European Union trademark offices offer an administrative cancellation/revocation procedure. However, for countries like Spain, which do not offer such a system..

 

On 25 February 2014 the European Parliament gave its approval to the Proposal for a Directive to approximate the laws relating to trade marks where new provisions intend to end the freedom of transit of counterfeit goods.

 

The reference to damages, which has been transposed in Article 66 of the Patents Act has caused particular problems in Spain where case law has traditionally held that damages must be “real and effective” and strictly limited to those that are proven

 

Decision shows decisive impact of figurative elements in comparison of signs

The General Court decided in joined Cases T-604/11 and T-292/12 that two marks, although phonetically identical, could be considered different due to the figurative elements.

 
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