Ms Maria Girbau

Maria Girbau


Intellectual Property

Vehicle workshop owner convicted for using labels featuring BOSCH trademark on his machines
Spain | 19 October 2020

The Castellon Court of Appeal (Section 2) recently confirmed the criminal conviction of a vehicle workshop owner for a crime against industrial property rights consisting of a six-month prison sentence. Further, the court imposed the additional penalty of disqualification from standing for public office during the time of the sentence and payment of the procedural costs, reserving the right to take civil actions that may correspond to the injured party.

Conviction for sale of fraudulent software
Spain | 18 November 2019

In July 2019 the Oviedo Court of Appeal confirmed a trial court decision which had found the defendant guilty of copyright infringement, sentenced him to six months' imprisonment and ordered him to pay the plaintiff's court costs and damages of an amount to be determined during the enforcement of the sentence on grounds of civil liability. In reaching its decision, the court highlighted the multiple contradictions in the defendant's allegations and confirmed the value of the evidence.

Criminal sentences handed down for sale of IP infringing souvenirs
Spain | 29 July 2019

Valencia Criminal Court Number 15 recently convicted the managers of a company operating in the souvenir industry for a crime against IP rights in accordance with the Criminal Code. In its decision, the court rejected the defendants' allegations of defencelessness, deeming that both the objective and subjective elements of Article 273 of the Criminal Code had been met based on the expert report and the raid conducted against the defendants in 2009.