Intellectual Property, Spain updates

Joined Actions Before Community Trademark Court
  • Spain
  • 18 July 2005

The Alicante Court of Appeal - acting as Community Trademark Tribunal - has recently declared that national trademark and unfair competition actions can be joined to actions for Community trademark infringement. This represents a positive development, as it will be possible to resolve such cases through a single set of proceedings and a single judgment.

The Patentability of Software in Spain
  • Spain
  • 04 February 2002

The patent protection of computer software is a controversial issue that has been the subject of debate throughout Europe. This article outlines how software is protected under Spanish law and the differing opinions surrounding this issue.

New Directive and the Information Society
  • Spain
  • 03 December 2001

European Directive 2001/29/EC relating to the harmonization of certain aspects of copyright and related rights in the information society came into force in 2001 with the aim of developing the information society in Europe. This update examines the impact that the directive is expected to have in Spain.

Comparing Spanish and Common Law IP Regimes
  • Spain
  • 19 November 2001

This update briefly describes some of the similarities and differences between Spanish and common law IP systems focusing on differences that occur in the treatment of the subject matter of copyright, economic rights and moral rights.

New Directive to Implement Resale Rights
  • Spain
  • 15 October 2001

The European Council has adopted the directive on resale rights for the author of an original work of art. This update discusses which aspects of the directive are already present in Spanish IP law, and what changes will need to be made.

Improved Copyright Protection for Film and Television
  • Spain
  • 17 September 2001

A new law has gone some way towards improving copyright regulation in the cinema and audiovisual sectors in Spain. However, this is only a step in the right direction and there are still many gaps in the laws governing copyright regulation in these areas.

Crackdown on Cybersquatting
  • Spain
  • 14 September 2000

The Spanish government has passed new regulations to curb widespread cybersquatting. This includes the regulation of using trademarks and company names as domain names, and the setting up of an independent registrar.

Overview (June 2000)
  • Spain
  • 12 June 2000

Including: Trademarks; Trade Names; Business Signs; Industrial and Utility Models; Patents

Nike’s Wins and Losses in Trademark Battles
  • Spain
  • 06 March 2000

In two recent cases, Nike International’s property rights in the ‘Nike’ trademark were considered. Although the mark’s reputation among consumers provided a victory for the company in one case, a previously registered mark won out in the other.

Legislators Revise Trademarks Law
  • Spain
  • 04 March 2000

The Spanish legislators are drafting a new act to regulate trademarks, trade names and establishment signs. The new act will aim to identify the competent bodies in cases involving industrial property.

New Legislation for Extension of Trademarks
  • Spain
  • 06 January 2000

A Spanish trademark holder may apply for an extension of the trademark to other products or services. The extension application is handled as a new file, but it becomes part of the original file once granted. However, some confusion has arisen since this treatment is no longer possible under a new draft act.

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