The imminent Spanish Trade Secret Act, driven by Directive 2016/943 on the protection of undisclosed technical know-how and business information, will represent a major step forward in Spain regarding the protection of trade secrets (in the same way as the respective national laws in Europe), placing it at the same level as intellectual and industrial property rights (patents, […]
The judgment of the CJUE (Case C-572/17) of 19 December was issued within the context of a request for a preliminary ruling from the Swedish Supreme Court in criminal proceedings brought by the Public Prosecutor’s Office of this Court against Mr. Imran Syed concerning the infringement of trade marks and infringements of copyright in literary […]
The Mercantile Courts of Barcelona have now disclosed the Duty Service and Fast-Action Protocol adopted on 13 December for MOBILE WORLD CONGRESS 2019. This is the fifth year running the Courts of Barcelona provide coverage for this important international forum, enabling the adoption of preliminary injunctions and the handling of preventive briefs under the most […]
Digital rights Besides dealing with the field of data protection, Title X of the Act lays down a controversial series of provisions dealing with digital rights, such as Internet neutrality, universal access, promotion in education, and extension of the right to be forgotten to social media, that are highly contentious among people in the field. […]
On 6 December the BOE [Official Spanish Government Gazette] published Organic Personal Data Protection and Guarantee of Digital Rights Act, Act No. 3/2018 of 5 December 2018, approved by plenary session of the Senate this past 21 November. The General Data Protection Regulation (GDPR) does not leave EU Member States much room for manoeuvre, and […]
Since it was published in 2016, the proposal for a Directive on Copyright in the Digital Single Market has turned into a showdown between IP rightholders and Internet users, the latter brought together and represented by the main Internet user associations. The proposed Directive, as its name suggests, was created with the aim of harmonising and […]
Spain’s National Judicial Council, in its Decision of 18 October published today, has extended court specialisation in industrial property to new courts. It may be recalled that, since Patent Act No. 24/2015 came into force in April 2017, the issue of jurisdiction in proceedings regarding trademarks, designs and patents had been left in the hands […]
Access by public authorities to electronic data for the purpose of identifying the owners of SIM cards activated with a stolen mobile telephone: not limited to serious criminal offences since it is a non-serious interference with fundamental rights. On 16 February 2015, Mr. Hernández Sierra filed a complaint with the Spanish police for a violent […]
Summary of commentary on judgment No. 401/2017 of 15.9.2017 by the Provincial Appellate Court of Madrid (ECLI:ES:APM:2017:14041), published in the “Revista de Derecho de la Competencia y de la Distribución” [Competition and Distribution Law Magazine] The conflict arose as the result of the sale on the GROUPON website of some vouchers that could be exchanged […]
ELZABURU has had the pleasure of working together with the publisher Thomson-Reuters Aranzadi on Fashion Law, a pioneering work in Spain on the subject of fashion law, which was presented on 16 April. In these short weekly summaries, the professionals at ELZABURU who participated in the work offer us a brief outline of their contributions: […]
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