ELZABURU Blog - Industrial and Intellectual Property

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Annual Review ELZABURU 2019

Annual Review ELZABURU 2019

Following a delay caused by the lockdown situation in Spain as a result of the global pandemic, but with the usual sense of pride, we present to our clients, friends and colleagues the ninth edition of ELZABURU’s Annual Review of European case-law in the field of industrial and intellectual property.

Annual Review ELZABURU 2019  

When the Annual Review was in print, our Firm was grieving the passing of its President, Alberto Elzaburu, who proudly presented the earlier editions. We wish to dedicate this edition to him, with the photograph displayed in this Annual Review.

Our regular readers will note that this edition reflects ELZABURU’s change of corporate image, which symbolises the Firm’s vocation for adapting to the new demands of a marketplace that is subject to constant technological and social change.

On this occasion, the Annual Review includes 31 articles on rulings by the Court of Justice of the European Union, the Spanish Supreme Court, the European Union Trade Mark Court in Alicante, and Spain’s Provincial Courts of Appeal. This is all made possible by the selfless and enthusiastic participation of a large number of the Firm’s professionals, to whom we would like to express our sincere gratitude.

We hope that those interested in legal developments in Europe in the field of industrial and intellectual property will enjoy this simple and impartial analysis.

 

Annual Review in PDF format

Annual Review in e-book format

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ELZABURU, leader in the protection of intangible assets, has renewed its corporate image

ELZABURU

Elzaburu, a firm specialising in managing intangible assets, has renewed its corporate image. The new image has been designed by the Manuel Estrada design studio and symbolises the firm’s vocation for adapting to the new demands of a marketplace that is subject to constant technological and social change. Elzaburu’s new branding includes a modern typeface together with a symbol projecting upwards, representing the firm’s commitment to supporting the innovations and progress of its clients.




Elzaburu, founded 155 years ago, was Spain’s first specialised IP firm. Throughout the firm’s history, it has witnessed such milestones as the patents for the inventions of Thomas Edison, Alexander Graham Bell or Juan de la Cierva, inventor of the ‘autogyro’, as well as the registration and protection of some of the most important trademarks of multinationals from all over the world.

The firm protects and defends the IP interests of 30% of the companies in the IBEX 35, Spain’s stock market index, together with 36% of the top Fortune 500 companies. Recently, a group of Elzaburu lawyers were selected to provide advice on IP-related matters to the Chinese government, a country where the firm has an office.

Over the years, Elzaburu has evolved from its initial activities centring on the registration of patents and trademarks, becoming a firm specialised in protecting and maximising the value of all kinds of creations and intangible assets in all economic sectors, particularly in the fields of new technologies, e-commerce, entertainment, cybersecurity, data protection, domain names and trade secrets, among others.

Today the firm has a staff of 165 people, with lawyers and experts in a wide range of areas, who handle the legal defence of more than 70,000 ongoing cases for more than 3,000 clients throughout the world.



Elzaburu


Visit our website: www.elzaburu.es/en

BREXIT: WHAT HAPPENS NOW?

brexit

CALM should be the watchword guiding the actions of holders of IP rights from midnight tonight, that is, when Brexit, the United Kingdom’s withdrawal from the European Union, takes place at 00.00 am CET.

  brexit
 

Despite the storms clouds that were gathering at times in 2019, pointing to a risk of the UK crashing out of the EU, finally an agreement has been reached which, aside from ensuring an orderly exit, also provides that during the transition period which, in principle, will run until 31 December 2020, EU legislation will continue to apply in the United Kingdom. This transition period thus extends to, among others, the regulations governing European Union trademarks and Community designs, the regulation on border measures to tackle counterfeiting and piracy or the procedural regulations that apply when bringing legal proceedings. It should also be borne in mind that European patents will not be affected by Brexit, given that the European Patent Convention, which regulates the grant of European patents, does not form part of the EU legal order.

The effects of Brexit with regard to industrial and intellectual property rights and other related rights are therefore delayed until 1 January 2021.

In the coming months, ELZABURU aims to send out circulars with information on the effects and consequences of Brexit in relation to the following areas: European Union trademark applications and registrations and international trademark registrations designating the EU; Community designs; plant varieties and “.eu” domain names; applications for EU Customs action; ongoing or planned legal proceedings; the absence of consequences, as things presently stand, for matters relating to the European patent; opposition, invalidity and revocation proceedings; and issues relating to representation before the EUIPO.

The message for now is clear. From 1 February 2020 until the end of the transition period (expected to be on 31 December 2020), everything will remain the same in practice: proceedings concerning trademarks, designs and other intangible assets will continue to operate as they have until now.

Should you have any questions, please contact us at: brexit@elzaburu.es.

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


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/  

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