Tag Archives: Industrial property

Three lawyers from ELZABURU selected to form part of a new council of experts that will advise the Chinese government on IP matters

This new year 2020, China is launching a centre called the Chinese Overseas Intellectual Property Dispute Response Guidance Centre, which aims to bring together professionals from different countries who are experts in intellectual property to provide guidance on matters relating to this field. The centre has been established by the Chinese Patent and Trademark Office (CNIPA), which is the largest Office of its kind in the world, with a workforce of more than 20,000 employees.

 

The 75 experts who now form part of this centre were selected by means of a worldwide public merit-based competition. Of the 35 foreign professionals who will be participating in this initiative, 6 are Spanish, and 3 of them are lawyers from ELZABURU: Manuel DesantesEnrique Armijo Chávarri and Colm Ahern.

The CNIPA’s aim with this initiative is to provide guidance for resolving possible conflicts relating to intellectual property: on the one hand, to safeguard the rights of Chinese entities abroad and, on the other, to gain a better understanding of the intellectual property systems and rules of overseas jurisdictions.

As Manuel Desantes explains in an interview for Confilegal, the biggest problem encountered by Chinese companies seeking to expand internationally is a lack of knowledge of different countries’ legal systems. Therefore, this advice will be essential to dispel doubts and avoid future conflicts. Moreover, thanks to the cooperation of these experts, Chinese entities will be in a better position to defend themselves in the event that any foreign company infringes their intellectual property rights.

Through the creation of new channels for obtaining and distributing information on intellectual property disputes abroad, the centre aims to establish a guidance and coordination mechanism for handling IP disputes involving Chinese companies.

As China is the world’s leading force in intellectual property, it is hoped that this project will serve as an example for other countries with regard to avoiding conflicts and disputes, thereby improving legal certainty and international commercial relations, concludes Desantes.

Visit our website: http://www.elzaburu.es/en

Elzaburu once again shows its support for innovation as IP & IT advisors in the 2019 everis Awards

On 28 November 2019, the everis Foundation held its Global everis Awards 2019 ceremony, recognising innovation and technological entrepreneurship, with the participation of the national award winners in 10 European and Latin American countries.

Elzaburu, Spain’s oldest and most prestigious law firm specializing in the protection of intangible assets, participated in the awards organized by the everis Foundation as IP and IT advisors to the six Spanish finalists and the ten international finalists, as part of its continued commitment to innovation.

Navarre native Juan Abascal, representing Spain, was the winning entrepreneur with his WasherCapTM project. It was competing against other projects such as a brain device for recovering hand mobility after a stroke, an intelligent coating to prevent the collapse of buildings during an earthquake, or a system for eliminating pathogens from water without using chemical processes.

Juan Abascal, winner of the everis Spain Award 2019 with a prize of 30,000 euros, additionally received 60,000 euros as the international winner, as well as mentoring by a team of specialists from the everis group.

Participation by the firm Elzaburu.

Elzaburu’s participation in the awards provided, among other advantages,  mentoring of the six Spanish finalists and an evaluation of the merits of these six finalist projects in the Spanish competition from an industrial and intellectual property perspective, to assist the jury in determining the degree of innovation of the product or service, the strength of the barriers to entry into the corresponding commercial sectors, as well as the scope for industrial and intellectual property protection.

Elzaburu also held an IP and IT immersion workshop for the 10 international finalists, conducted by the expert Alba María López, Associate Partner and member of the firm’s Legal & Business Department. Furthermore, vis-a-vis meetings were held with the diplomatic delegations of the finalists’ respective countries, enabling them to explore the possibilities of international expansion.

Visit our website: https://www.elzaburu.es/en/  

United Arab Emirates reduces its official fees in relation to IP rights

Great news for holders of trademark rights and IP professionals interested in the United Arab Emirates. 

The high costs of this jurisdiction, one of the world’s most complex economies and also one of the countries in the Arabian peninsula offering most opportunities for foreign investment, have often proven to be an obstacle to the internationalization of trademarks and a decisive factor in decision-making with regard to the management and maintenance of trademark portfolios.

The Middle East has for some time been one of the most expensive regions in the world for protection of IP rights.

The GCC (Gulf Cooperation Council, made up of the United Arab Emirates, Saudi Arabia, Bahrain, Kuwait, Oman and Qatar) has worked hard to integrate, unify and standardize areas of the economy, finance, trade and customs, the laws of its members, among other aspects, and all of these efforts have also had an impact in the field of trademarks. One of the major milestones in the field of IP, not only in the GCC countries but in the Middle East and the territories of the region, was the issuance of the GCC Implementing Regulations. In this context of forging closer links between these countries, in the past few years we have seen reductions in tariffs and bureaucracy in neighbouring countries such as Bahrain, Oman and Kuwait which have facilitated and simplified the procedures for registering trademarks.

While not all of the fees relating to trademarks have been reduced in the United Arab Emirates (for example, the cost of preparing documentation and attending to formal requirements remains very high), the fees for registration and renewal have been reduced, which will facilitate matters with regard to portfolio management and decision-making.

Authors: Cristina ArroyoJuan M. Sáinz de Marles
Visit our website: http://www.elzaburu.es/

Spain in 3rd place among the top ten EU countries regarding detention of counterfeit products at customs in 2018

Innovation and creativity are the drivers of our economy. Therefore, it is important to provide rightholders with the certainty that their inventions will be duly protected. The competitiveness of European companies depends on it.

The enforcement of intellectual and industrial property rights by European customs is a priority for the European Commission and for Member States.

The European Commission published the “Report on the EU customs enforcement of intellectual property rights: Results at the EU border 2018” on 24 September 2019. The report shows that the number of interceptions of counterfeit goods imported to the EU increased in 2018 as a result of the large quantity of small packages in express postal traffic. The figures for detentions of these shipments increased from 57,433 in 2017 to 69,354 in 2018, although the total amount of articles detained (almost 27 million in 2018, with a market value of almost 740 million euros) fell by 15% compared with 2017.

The main categories of items detained were cigarettes (15% of the total amount of items detained), followed by toys (14%), packaging material (9%), labels and stickers (9%), and clothing (8%). Products for daily use, such as body care articles, medicines, toys and electrical household appliances, constituted almost 37% of the total amount of articles detained.

China remained the principal country of provenance of goods infringing intellectual property rights. North Macedonia was the main country of provenance for counterfeit alcoholic beverages. Turkey was the main source for other beverages, perfumes and cosmetics. EU customs detected a high number of fake watches, mobile telephones and accessories, ink and toner cartridges, CDs/DVDs, labels, tags and stickers from Hong Kong (China). India was the main country of provenance for computer equipment, Cambodia for cigarettes, and Bosnia-Herzegovina for packaging material.

The number of cases of detentions in air and sea transport have fallen, while the cases of detentions in courier and postal shipments increased, the latter amounting to 84% of the total number of cases, consisting mainly of consumer goods purchased via e-commerce. Sea transport remains in first place (54.29%) in terms of the means of transport with the highest number of articles detained.

Spain is in third place among the top ten European countries, which jointly account for 90% of all detention cases, with a total de 3,934 cases in 2018 compared with 3,740 cases in 2017 (+ 5%). However, Spain holds the 11th position in the ranking of articles detained, with 1,305,972 articles detained in 2018 in comparison with 1,776,405 articles in 2017 (- 26%), practically level with Belgium in 10th position, with 1,307,944 articles. Spain therefore joins the leading group of the 4 top ten countries in the EU in terms of the number of detention cases and articles detained.

For Spain it will pose a great challenge to maintains its leading position in the EU top ten in relation to customs detention in defence of intellectual and industrial property rights.

Author: Juan José Caselles
Visit our website: http://www.elzaburu.es/

What is an IP strategy and why is it important?

There is a growing interest among CEOs in Spain in adding an IP strategy to their agenda, an element that has a direct impact on the profit and loss account and which is also closely linked to investments in innovation and marketing.

A well-designed and well-executed IP strategy facilitates the transformation of resources such as inventions, innovations, ideas, know-how and data into intangible assets, that is, patents, trademarks, industrial designs and copyright, thereby boosting and adding value to a company’s business portfolio.

Digital transformation, virtual communication and new technologies allow us to open up the creative process to all areas of the company, not just to the departments usually responsible for these matters.

Why is it so important for a company to implement such a strategy?

There are many legal and strategic reasons for doing so, although the key factors are determined by the sector and the degree of global competitiveness of the company.

By way of example, we may highlight the following factors, which have an important strategic influence:

  • These new intangible resources or assets help to foster a culture of permanent innovation within the company.
  • Competitors can be prevented from taking advantage of our progress and/or undermining our competitive advantage by means of different legal instruments for protection, such as, obtaining patents or industrial designs, implementing trade secret plans, protecting proprietary software, domain names, copyright, trademarks, etc.
  • We can benefit from the strength and legitimacy of intangible assets in new markets when the company has plans for international expansion.
  • A company’s branding strategy serves to build up and shape its brand and position its goods and services in the marketplace.
  • Discouraging professional or amateur counterfeiters from copying our products.
  • These assets may be transferred, licensed, sold and valued, increasing the company’s stock value, and helping to establish a stronger position in the financial markets.
  • They can be capitalised on the balance sheet and amortised, and may also offer fiscal advantages.
  • The cost of hiring experts to carry out the processes of transforming ideas into intangible assets can be recorded as deductible expenses by companies.
  • Without intangible innovations, companies cannot access national and European subsidies.

All of the above factors lead to the idea that an IP strategy could be an interesting prospect for a company. I encourage you to take up the challenge.

Author:Pilar Soriano

Visit our website: http://www.elzaburu.es/en

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