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