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The 22 December is the deadline for the hearing and public information on the draft royal decree updating the regulation on tobacco and related products, which introduces plain packaging, regulates nicotine pouches and vapers with and without nicotine and includes restrictions on flavourings. The aim is to improve public health protection through stricter regulation adapted

Study commissioned by the EUIPO about the Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products which entered into force on 16 November 2023 and will be fully applicable as of 1 December 2025. Among others, the Regulation stipulates

When applying for a trademark, we often wonder whether it will be considered descriptive, lacking in distinctive character, totally or partially similar to a PDO… and therefore rejected by the corresponding registration office, by incurring an absolute ground for refusal. In the specific case of European trademarks and absolute grounds for refusal, we must turn

The recently published World Intellectual Property Indicators 2024 report by the World Intellectual Property Organization highlights record trends in intellectual property filings worldwide during 2023. Patent applications reached a historic high of 3.55 million, marking a 2.7% increase compared to 2022, driven primarily by Asian countries, which accounted for 68.7% of the global total. China,

On the 24th October 2024, the Court of Justice of the EU handed down its Judgement in the Kwantum case (C-227/23), concerning the protection of works of applied art whose country of origin is outside the EU. Vitra is a Swiss company that produces designer furniture, among which is the Dining Sidechair Wood (DSW chair),

Counterfeits keep being a risk to health, safety, economy and the environment. Yes, the latest joint report from EUIPO and EUROPOL, highlights the magnitude and impact of counterfeiting and piracy crimes in Europe. These activities not only pose a significant threat to IP but also endanger consumer health and safety, the environment, and the economy.

According to the current Spanish Law on Retail Trade, whenever items are offered at a reduced price, the previous price must be clearly indicated on each item along with the reduced price, unless the items are being sold for the first time. The “previous price” is understood to be the lowest price applied to identical

The New York Times 📰recently accused the AI startup Perplexity💻 (which has ties to Mr. Bezos) of copyright infringement, warning and requesting to c&d ⛔of the unauthorized use of its contents. The conflict 🤜🤛arises because Perplexity, apparently, extracts information from the news published by the NYT. While the startup rejects having used said content to

We are delighted to be a contributor for Advertising & Marketing Practice Guide 2024. Our commentary on the Spanish jurisdiction provides expert insights on the law and practice, trends and developments and more. Read our overview for more expert commentary on the legal issues around this.  View the whole article here: View the whole article

The design framework in the EU has been updated and is now up to date. Yesterday, the Council of the European Union adopted two new legislative acts on design protection, which aim to update and adapt the existing legislation (which is now more than 20 years old…) to current circumstances. With the awaited adoption of

With the expansion of top-level domains (gTLDs), domain names that are used to offer fake products and/or obtain personal information from consumers are becoming more and more varied. It is common to find domain names that incorporate trademarks and use different extensions (.shop, .shoe, .restaurant,, .info…) to create websites that look identical to the official

On October 7, 2024, Uruguay will proceed to deposit the Patent Cooperation Treaty (PCT) to become a member of the PCT. In this way, on January 7, 2025 this agreement will enter into force and Uruguay will be eligible for the admission and reception of PCT applications. Uruguay will be the 158th country to join

Since 1 September 2024, Romania becomes the 18th EU Member State to join the Unitary Patent system, now covering Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Sweden and Romania. It is reminded that the Unitary Patent allows applicants of granted European Patents to obtain protection

The Ministry of Health has submitted for hearing and public information the Draft Bill on the prevention of alcohol consumption and its effects on minors, which incorporates new restrictions on the advertising of alcoholic beverages. Thus, this new regulation prohibits any direct, indirect or surreptitious form of advertising of alcoholic beverages or products pretending to

The international trademark registration system, administered by the World Intellectual Property Organization – WIPO, allows trademark holders to extend the protection of their marks to multiple countries through a single international application and the payment of a single set of fees. This streamlined process simplifies the management of intangible assets, making it particularly appealing and

The Paris 2024 Olympic Games have just begun, so we are immersed in the great feats already achieved, as well as those yet to be reached, which will leave unforgettable moments. Therefore, what better occasion than this to take a look at how this great event is developing with regard to the intellectual property industry,

Once again, the President of the 2nd Chamber of the Supreme Court, has provided insight in a ruling deemed significant, this time regarding the safeguarding of trademarks within criminal proceedings.

The Ministry of the Interior has released the statistics on anti-counterfeiting interventions for 2023. These reveal the seizure of more than 3.6 million counterfeit products, which would have had a market value of 149 million euros. As expected, the textile sector is the most affected by counterfeiting, accounting for 62%, with a total of 2,274,654

  On July 12, 2024, following extensive negotiations for its approval last March, the Regulation on Artificial Intelligence was formally published in the Official Journal of the European Union. While Regulation 2024/1689 of the European Parliament and Council, dated June 13, 2024, is scheduled to come into effect on August 1, it will be implemented

The first Treaty on genetic resources and associated traditional knowledge of Indigenous People and local communities was adopted last week at the Diplomatic Conference organised by WIPO.

The Unified Patent Court (TUP) has rejected the request for precautionary measures seeking the use of video referee (VAR) technology at EURO 2024 in Germany. Although this “reporter” has not yet had access to the grounds of the Decision, it appears (from what has emerged in other media) that the Hamburg local division of the

During the last years, we have been witnessing an increase in consumer demand for “environmentally friendly” products and services. Climate change and its devastating effects such as the pandemic, natural disasters, deforestation, uncontrolled temperature changes and droughts, among others, are increasingly raising consumer awareness and demand for sustainable and environmentally compatible products to reduce its

On April 18, the OEPM published the open call for applying for subsides regarding Patents and Utility Models referring to the year 2024 . The period for applying for subsides begins on April 19 and ends on May 20, 2024, both inclusive. The open call consists of two programs. The program for the promotion of

Last Wednesday, the EU General Court in Luxembourg upholds yesterday the previous refusal from EUIPO to register the European trademark “Pablo Escobar” for a wide range of products and services.

In the field pf industrial property is greater and greater to find cases in which a trademark protecting goods and services that has achieved a certain recognition in the market is reproduced almost in its entirety by competitors who try to take advantage of its reputation.

The new fee EPO´s fee system takes effect on 1 April 2024, being those fees modified upwards; however, a new 30% reductions in fee payments for European Patent applications and EuroPCT applications have also come into force, regardless of their filing date, when applicants meet a serie of requirements. This new 30% reduction applies to

The Second Instance Court of Madrid confirms surreptitious advertising carried out through influencers by a chain of dental clinics on their social networks and website is unfair.

The EU adopts the first law on Artificial Intelligence, which has enjoyed broad support within the European Parliament and will enter into force gradually between 2025 and 2026.

The Spanish Patent and Trademark Office – OEPM has published recently the statistics of applications filed in Spain within 2023. The numbers show that applications for industrial property rights have increased in their most relevant modalities.

The open call for the Third Edition of “Awards for the Best Inventions Protected by Industrial Property Rights” was published on March 5, 2024 in the Spanish Official Bulletin. Applications for those awards can be submitted within the period between March 6 and April 5, 2024, both.

🔍 Case Overview: In a very recent ruling (27/02/2024), the Court of Justice of the European Union (CJEU) has delivered a pivotal judgment in EUIPO v The KaiKai Company Jaeger Wichmann (C‑382/21), spotlighting the critical significance of design protection in the realm of intellectual property (IP). At the crux of the case lies The KaiKai

It is quite common to find pleadings in which a co-defendant or co-claimant refers to the pleading filed by the other co-defendant or co-claimant for the sake of procedural economy and to avoid unnecessary repetition.

As we well know, industrial property protects scientific innovation by granting exclusive rights that prevent its use without authorization by the owner. The link between industrial property and science is, therefore, undeniable.

The EUIPO’s Observatory publishes a study on the dynamics of EU trademark applications in the last twenty years and the impact that the already “routinized” COVID-19 has had in the period 2020-2022. It also aims to determine the trends of trademark applicants from the point of view of the Nice classification. What conclusions does the

On January 24, 2024, the General Court of the European Union issued a pivotal judgment in Case T-537/22, concerning the intellectual property rights of the iconic LEGO toy brick. Since 2010, LEGO has enjoyed EU protection for the design of its toy brick: In 2019, this protection was initially revoked by the EUIPO following an

The car manufacturer Audi is the owner of the EU trademark nº 000018762 in class 12 (for vehicles and spare parts, inter alia), to protect the following logo:

If in 2023 the works of renowned literary authors such as Miguel Hernández or Virginia Woolf entered the public domain, 2024 brings the extinction of the exploitation rights over one of the most famous animated characters in the world, Mickey Mouse, although with important nuances.

The final resolution of the granting aids for the promotion of applications for Patents and Utility Models within the year 2023 was published by the Spanish Patent Office (OEPM) on December 1st. Those granting aids can be consulted on the OEPM’s website.

Counterfeiting cause the lost of almost 200,000 jobs and billions in sales every year in the EU. Only in the clothing, cosmetics and toy sectors!

From February 26 to 29, a new edition of the MOBILE WORLD CONGRESS (MWC) will be held in Barcelona (Spain).

A year and a half after the approval of Law 13/2022, of 7 July, General Audiovisual Communication, the new State Register of Audiovisual Communication Service Providers, which was already announced in the aforementioned law, has come into operation. The most novel aspect of this is the operators affected, as not only (1) audiovisual communication service

The EU has managed to reach a consensus on global regulations on artificial intelligence (AI), launching the first legislative proposal of this type in the world, becoming a possible global reference for regulating AI in other jurisdictions.

The world of sports shoes or “sneakers”, transcends its role as a cultural and fashion phenomenon, becoming a fertile ground for legal battles in the intellectual property arena. This dimension of law is exemplified in two recent cases that have ignited significant debates.

On 23 November, the Spanish Data Protection Agency (AEPD) published a new guidance on presence control processing using biometric systems. Although the AEPD guides do not have the status of a regulation, it does establish the criteria to which its actions will respond in the application of the GDPR. This guide changes the scenario, sets

A new joint study by the European Union Intellectual Property Office (EUIPO) and the European Patent Office (EPO) finds that intellectual property (IP) rights are a significant factor in the success of European startups. The report shows that, on average, startups that apply for trademarks and patents rights prior to their initial seed or early

In the opinion of the undersigned, in recent years it seems like an impossible mission to get the EUIPO to consider a trademark that deviates from “normal standards” to be distinctive. There are numerous obstacles that the applicant must face every time they try to overcome the exam of absolute grounds of refusal. Without being

Yesterday, November 7, the Webinar arranged by the EUIPO to announce the platform EBSI-ELSA, on which the Office has being working. This initiative developed by the EUIPO tends to improve the fight against counterfeiting that affects not only the rights holders, but also the economy of a country and, of course, the final consumer’s interests

This measure is intended to give continuity to the support started in 2020 to the film exhibition sector, one of the most affected by the extraordinary situation caused by the COVID-19, as it was forced to the complete closure of cinemas. Subsequently, in 2021, it faced the resumption of its business activity with significant limitations

On 18 October 2023, the European Parliament and the Council of the European Union signed on Strasbourg the regulation establishing geographical indication (GI) protection for craft and industrial products.

It seems that the Spanish Supreme Court is willing to change the panorama that trademark owners have been facing when exercising their rights against counterfeits in Spain.

The General Court decides on the geo-blocking of videogames by Steam to ensure the effectiveness of exclusive licenses between publishers and distributors.

  If your company has more than fifty employees, the answer is YES.

More than one was thinking about the summer holidays and just a few days before, we were surprised by the new regulation of the civil cassation appeal that the Spanish legislator has promoted through Royal Decree 5/2023 of 28 June.

On the 11th July the Royal Decree 611/2023 was published, approving the new Intellectual Property Registry Regulation, which repeals the one approved by the Royal Decree 281/2003. In our current Intellectual Property system, the registration of works is merely declarative, since, as indicated in the Intellectual Property Law (LPI), the consideration of authorship is granted

Spain was one of the last countries to transpose European Directive 2015/2436 of 16 December 2015 to approximate the laws of the Member States relating to trademarks. The delay in transposition and the risk of receiving a fine forced an accelerated legislative process, through an emergency procedure that culminated in Royal Decree-Law 23/2018, which not

MOBILE WORD CONGRESS will take place again in Barcelona from 27 February to 2 March 2023. The Judges of Commercial Courts of Barcelona and Alicante (with Intellectual Property jurisdiction, among others) have activated for another year the GUARD SERVICE AND SPEEDY JUDICIAL ACTION PROTOCOL for the processing of requests for preliminary proceedings, fact-finding proceedings, requests

On September 8, 2022, the Court of Justice of the European Union issued a ruling (here) in a dispute in which two Swedish companies are vying for ownership of both European patents and patents filed in non-EU Member States (specifically China and the United States), which derived from the designation of the inventor. In this

It is known that with the implementation of the EU GDRP in 2018, accessing to the whois of domain names became a problem. In the context of the ICANN 75, it was discussed the Whois Disclosure System (WDS) which aims to create a System that, on the one hand, complies with the EU GDPR and

The last 8th June 2022, the EU General Court passed a judgement were dismissed an appeal from Apple against the revocation of its EU trademark “THINK DIFFERENT” (joined cases T-26/21 y T-28/21). The proceedings come from October 2016 when Swatch AG filed three applications for the revocation of three “THINK DIFFERENT” EU trademarks from Apple

  In June, the Global Advertising Lawyers Alliance is hosting a series of webinars on the laws governing the advertising of automobiles around the world.   The webinars will  discuss the current regulatory landscape as well as hot topics in various jurisdictions, such as environmental claims related to hybrid and electric cars, lease and finance

The SPTO has recently published the “Informative Manual on Proof of Use, a new mean of defense” which, as the title indicates, analyzes the proceedings of proof of use made available, as a means of defense, to the applicant of a trademark or trade name in cases in which his application has been challenged by

On April 15, a webinar was organized by Spanish Patent and Trademark Office (SPTO) that can be watched through its website. The intention of the SPTO was to announce that they are working in a draft to amend the IP laws (first draft is expected to be submitted before the Congress by the end of

The OECD (Organization for Economic Co-operation and Development) and EUIPO have joined forces to conduct a new study on counterfeiting, which, once again, yields chilling data (the study here). More than half of total value of the counterfeits seized around the world are shipped by sea. This is due to the logistical facilities offered by

Copyright does not protect ideas, principles, or methods. This is a widely accepted and well-known principle, which is even recognised in various international treaties and conventions such as the TRIP’S or the WCT. But are appearances on TV programmes subject to protection?

The biometric identification and payment systems of the Apple Touch, Face ID and iPhone Wallet could be infringing at least three USA patents. This is the core of the claim filed last February 23rd before the Western District de Texas (USA) by the Australian Patent Assertion Entity (PAE) by Cpc Patent Technologies PTY Ltd. The

The Supreme Court’s judgment of 16 February 2021 concludes a long procedure initiated in 2014, as a result of the refusal of the Territorial Registry of Intellectual Property of Extremadura to register a bullfighter’s bullfight as a work. Following this refusal, the bullfighter initiated legal proceeding in order to have the refusal revoked. However, after

World Trademark Review once again recognizes ABRIL ABOGADOS in the “Tier Silver” in both categories “Enforcement & Litigation” and “Prosecution and strategy”. The publication recognizes the trajectory of the firm and the complete advice that Abril Abogados provides to both national and international clients. Special mention to the founding partners and the work of Ignacio

The reputation protection and the related concept of reputational damage have seen in the COVID-19 pandemic a further, but certainly not new, opportunity for debate and discussion. Normalized the fear, the pandemic has become a business opportunity, with the inevitable side effects, including the misleading communication of the so-called “COVID FREE”.

  Honored and thankful to be selected by my peers for inclusion in the ‘Best Lawyers’ in Spain as Intellectual Property ‘LAWYER OF THE YEAR’. Only ‘a single lawyer in a specific practice area and location is honored with a “Lawyer of the Year” designation’. Go to the publication  

In  2016 the Court limited the liability of online uses to those advertisements published by oneself or with its  consent. It was thus confirmed by the Court that in order for the use in trade  to  exist, there must be active conduct and direct or indirect mastery of the act constituting the use (p. 39

After the Barcelona’s Provincial Court sentenced Granini to cease broadcasting an advertising spot of his orange nectar, it is now the Supreme Court which has ruled on that advertising. The action brought by J. García Carrion, owner of Don Simon trademark, against Granini arises from the broadcasting of an advertising spot in which Granini advertised

On 11 June 2020, the CJEU issued its long-awaited judgment in case C-833/18, also known as the Brompton Bicycle case. Beyond the curiosity about the possibility of copyright protection for an everyday object as a bicycle, the peculiarity of this matter lies in the possibility of protecting by copyright products whose shape is necessary to

Next Tuesday May 5th Mr. Ignacio Temiño Ceniceros, Partner at Abril Abogados, will participate at the webminar “Legal tools for doing business in the time of COVID-19: best practices and future challenges”

It is not surprising that in the midst of the coronavirus epidemic, the authorities continue detecting illegal business initiatives that aim to introduce smuggled and/or counterfeited medical equipment into the EU trade, as it has recently been verified when detecting items accompanied by false markings “CE”. Without prejudice to the response that the different authorities

Abril Abogados has made it to the shortlist to the Managing IP EMEA Awards 2020 which winners will be announced in early March.

Abril Abogados has once again been included in the ranking of World Trademark Review in both areas of “Enforcement and Litigation” and “Prosecution and strategy”:

According to the Withdrawal Agreement concluded between the EU and the UK, the UK left the EU as from 1 February 2020. However, the Withdrawal Agreement stipulates that during a transition period that will last until 31 December 2020, EU law remains applicable to and in the UK. This extends to the European Union Trade Marks

The Spanish Agency for Data Protection has fined 150,000 euros to the company Cecosa Hipermercados SL, which in 2011 operated the Eroski hypermarket, for not having adopted technical and organizational measures to prevent the circulation of the theft video of the former President of the Community of Madrid, Cristina Cifuentes. On May 4 of 2011

The General Court has confirmed position of RUBIO SNACKS, located in Bullas – Murcia, and has rejected the Appeal filed by GRUPO BIMBO against the refusal of its EU trademark application “TIA ROSA”, all in its Sentence dated on 17/09/2019 (Case T-464/18). In such a way, General Court confirms the decision issued on May 2018

On October 1st, 2019, The Court of Justice of the European Union has ruled in case C-673/17 that the consent to store cookies must be active and specific. It declares that does not constitute a valid consent when the user activates the participation button in the game organized for promotional purposes or when he removes

On May 22, the Official Journal of the European Union published the Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services. This Directive aims to establish a set of common rules that will govern the

The cosmetics company AVON COSMETICS SAU has been condemned by the Spanish Data Protection Authority (AEPD) to pay 60,000 euros of fine for including the data of a client in a debtors’ list. The client suffered an identity theft by a person who used his personal data to acquire an AVON product who, in the

The General Data Protection Regulation (GDPR), on its article 35.1, states that the organizations are required to carry out an impact assessment when it is probable that the processing of personal data, depending on their nature, scope, context or purposes, entail a high risk for the rights and freedoms of people.

In a briefing note published last wednesday, the Plenary of the Constitutional Court has advanced a ruling that Article 58 Bis 1 of the  Law 5/1985, of 19 June, of the General Electoral System (LOREG), incorporated by the Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, is contrary to the Constitution and

The reform of the Spanish Trademark Act 17/2001, which came into force on 14 January 2019, introduced many changes in order to be harmonised with the EU Directive. Thus, we had been waiting for the necessary implementing regulation that has just been published in the Spanish Official Gazette.

The Spanish Data Protection authority has published the list of processing operations in which an impact assessment is mandatory. Thus, it will be necessary to carry out an impact assessment in cases where the processing meets at least two criteria of the list.

After several years of negotiations, the European Parliament has finally approved two new Directives to adapt the protection of copyright to the digital single market. The new regulations include mechanisms to facilitate the clearance of copyright and related rights of radio and TV content for cross-border digital broadcast and retransmissions, on one hand, and lay down rules

Almost a year after the application of the General Data Protection Regulation (GDPR), the first sanctions begin to be imposed in Europe.

On March 11, 2019, was published in the Official State Gazette (BOE) the Circular 1/2019, of March 7, of the Spanish Authority for Data Protection (AEPD), on the processing of personal data related to political opinions and dispatch of electoral propaganda by electronic means or messaging systems by political parties, federations, coalitions and groups of

Last December 3rd, 2018, came into force the new Regulation (EU) 2018/302 that amends Regulation (EC) No. 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC on addressing unjustified geo-blocking and other forms of discrimination based on customers’ nationality, place of residence or place of establishment within the internal market.

The European Council, directly represented by the current 28 Member States that constitute the European Union, has rejected the approval of articles 11 and 13 of the new Copyright Directive, concerning respectively the protection of press publications for digital uses and the responsibility of service providers that store and facilitate access to works uploaded by

The recent political events in the UK are generating an increasing concern for both IP practitioners and IP owners about the uncertainty having a negative impact on their IP rights.