The health crisis caused by the rapid spread of COVID-19 led to the approval and entry into force in Spain of Royal Decree 463/2020 on 14 March 2020, which declared a state of alarm. The situation led to the adoption of measures in the judicial and administrative areas. This article highlights the measures of interest for IP owners and practitioners that are adapting to the progressive changes in the situation.
In March 2019 the Copyright Act was amended to bring Spanish copyright law into line with that of the European Union. In addition, the reform has reinforced the rights of authors and publishers, introduced new regulations on the functioning of collecting societies in order to increase the transparency and control of their operations in favour of authors and strengthened the regulations on combating piracy.
In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes trademark infringement.
The Supreme Court recently confirmed the revocation of the collective trademark BARCELONA due to its lack of distinctiveness. The Supreme Court confirmed the Catalonia High Court of Justice's judgment that the trademark contravened its required function as a collective trademark (ie, the identification of the business origin of goods and services). The trademark also contravened the protected goods' guarantee function, as its registration had indiscriminately been sought in all classes of the Nice Classification.
The Supreme Court recently acknowledged a US company's legal standing to file claims on the basis of Articles 13 (trade secret infringement) and 14 (misuse of an industrial or business secret) of the Unfair Competition Act. The Supreme Court's interpretation has favourably clarified that active foreign companies doing business in Spain have legal standing to sue for certain acts of unfair competition.
Barcelona Commercial Court Number 7 recently dismissed in its entirety Niled SAE's and Ridelin's action against Sofamel SL which required Sofamel to cease the manufacture and commercialisation of its TTGA terminals, claiming that they constituted a slavish copy of Niled's TTP terminals and infringed the specific Ridelin patents for which Niled claimed to be the exclusive licensee. The court based this decision on Niled's TTP terminals' lack of competitive singularity.
Barcelona Commercial Court Number 1 recently upheld Martin Lloveras SA's claim against Sollich KG in its entirety and nullified Sollich's patent for its lack of inventive step. The decision was reached following the European Patent Office's method for analysing inventive step, which includes determining the closest prior art, establishing the objective technical problem and assessing whether the claimed invention would have been obvious to a skilled person.