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Spanish Courts move one step further towards the path of specialisation

In a world of increasing legal complexity, it is a common ground – except in Luxembourg – that the lack of specialisation results in the administration of injustice rather than in the administration of justice. The President of Section 15 of the Barcelona Court of Appeal appeared to have this logic in mind when, in 1993, he had the vision to persuade his fellow Judges to assign the different Sections of that Court to various specialised areas. For example, it was decided that Section 15 would be the only competent Section to resolve appeals in patent cases. At that time this was an absolute revolution, as the old structures and inertia of the Spanish judicial system was such that this gr [...]

Spanish Court clarifies that “restitutio in integrum” applies to SPCs

The legendary deficient regulation of supplementary protection certificates (“SPCs”) has caused the Spanish Patent and Trademark Office (the “SPTO”) and Spanish Courts to struggle as to whether or not the “restitutio in integrum” procedure available to patents is also applicable to SPCs. The High Court of Justice of Madrid, in a recent Judgment of 22 April 2015, has reached an affirmative conclusion, thus revoking a decision of the SPTO that had rejected the applicability of “restitutio in integrum” to SPCs. The facts of the case may be summarised as follows.

A U.S. company filed an application for an SPC before the SPTO after the deadline established in Article 7 of Regulation 2009/469/EC ( [...]

Spain: Supreme Court, First Civil Law Chamber, 531/2014, 15 October 2014

On 15 October 2014 the Spanish Supreme Court confirmed its earlier rulings on two issues: after an IP right has been found invalid in first instance but the Court of Appeal overturns this decision because it disagrees with the argument that was the basis for invalidity in first instance, (how) should the Court of Appeal deal with other nullity arguments that have been argued before but not decided upon by the Court of First Instance? And (how) should the Court of Appeal deal with nullity arguments that were dismissed by the Court of First Instance? The decision handed down by the Supreme Court is interesting because it flags-out the need to carefully analyze the issues resolved and not expre [...]

A sneak preview of today’s CJEU judgments on the Unitary Patent Package

As announced by the Kluwer UPC News blogger earlier today, this morning the Court of Justice of the European Union (“CJEU”) published its two judgments in cases C-146/13 and C-147/13 where, as expected, it has dismissed the nullity actions filed by the Kingdom of Spain (“Spain”) against Council Regulation (EU) No 1257/2012 (unitary patent) and Council Regulation (EU) No 1260/2012 (translation arrangements). What follows is our two cents after a quick reading of the decisions:

 I.              JUDGMENT ON CASE C-146/13 (UNITARY PATENT)

 1.             Lack of jurisdictional control over the EPO’s decisions:

In short, the Court, following Advocate General Bot, has co [...]

Spanish amendments to the draft new Patents Act: will Spain have rickshaws instead of cars in the streets?

In September of 2013, the Spanish Patents and Trademarks Office (“SPTO”) published a draft Patents Act aimed at modernising the old Act 11/1986, of 20 March, on Patents, which is close to celebrating its 30th anniversary. After hearing the stakeholders concerned, on 11 April 2014 the Council of Ministers approved the draft and sent it to Parliament, hoping that the new law could be approved before the next elections, which are expected to take place during the third or fourth quarter of 2015.

 The forthcoming elections appear to be the only rational explanation for a few of the amendments proposed by some of the parliamentary groups, which were published on 13 April 2015. Rather surprisingl [...]

The Applicable Law in the UPC: Some Reflections sparked by the OCR

The OCR (“Old Combination Room”) at Christ College is a lovely, warm and inspiring pine-paneled room located at the heart of one of the most traditional colleges at Cambridge University. For many many decades, like the OCRs of other colleges at Cambridge and at the other leading English university, it has been a place for gathering, sparking friendships and reflection. However, at the OCR of Christ College one has to be careful because not everything is what it seems. Hanging on one of the walls there is an old portrait of Historian Laurence Echard (1670-1730), who appears to have freckles and moles on his face. But upon closer inspection, what looks like freckles and moles turns out to be t [...]

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