Spain, Grau & Angulo updates

Intellectual Property

Contributed by Grau & Angulo
Second preliminary injunction request based on amended form of patent dismissed
  • Spain
  • 18 January 2021

In November 2020 Barcelona Commercial Court 1 dismissed the second preliminary injunction request filed by Sanofi against Mylan in relation to an insulin glargine biosimilar product, concluding that the new alleged circumstances did not justify it. In particular, the decision states that the amended form of the patent does not form the basis for the main proceedings on the merits, where Sanofi's petition is yet to be prosecuted and decided.

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.

Modification of exceptional measures adopted due to COVID-19
  • Spain
  • 31 August 2020

During the national state of alarm caused by the COVID-19 outbreak and its related health crisis management, measures were adopted affecting IP matters, including the suspension and official interruption of certain deadlines and judicial and administrative actions. Having overcome the exceptional state of alarm, the Spanish courts and administrative bodies have now resumed full activity and the courts have been reinforced to ease the situation.

Supreme Court dismisses cassation appeal against conviction of counterfeit adidas shoe importer
  • Spain
  • 03 August 2020

In February 2020 the Supreme Court dismissed a cassation appeal against a judgment from the High Court of the Valencian Community confirming the first-instance judgment issued in 2019 by the Provincial Court of Valencia condemning the defendants for an 18-month prison sentence and for the payment of a fine, the transport and destruction costs, as well as the legal costs (including the private prosecutor's costs) for the import of counterfeit shoes for commercial purposes that infringed adidas's brands and designs.

Court of appeal recognises well-known nature of DINOSAURUS trademark and declares use of GALLESAUROS sign to be infringing
  • Spain
  • 27 July 2020

The Barcelona Court of Appeal recently recognised the well-known nature of the DINOSAURUS trademark owned by Galletas Artiach and its infringement by La Flor Burgalesa for using the GALLESAUROS sign applied to biscuits. This article provides a summary of the legal basis of the Barcelona Court of Appeal's judgment.

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