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Innovation at the Mobile World Congress sparks innovation at Barcelona Commercial Courts

Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that every time inventors conceived a revolutionary invention, politicians had to devise an international organization to take care of it. A classic example is the establishment of the Central Commission for Navigation on the Rhine – the first international organization in history – created in 1815, following Robert Fulton’s invention of the steamboat. Technological innovation has also left footprints on the way the courts devise procedures to improve the administration of justice. A recent example c [...]

Despite the defeat at the CJEU, Spain will not join the Unitary Patent system

banderaSpain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and Industries of Spain (CEOE). Spanish industry is much better off outside the system, according to the CEOE, which answered questions by Kluwer IP Law. ‘All Spanish companies will be able to use the system without suffering from the disadvantages.’

Over the last years, the Spanish government has always opposed the new Unified Patent Court and Unitary Patent system. Would [...]

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 [...]

What to remember from the dismissal by the CJEU of Spain’s actions against the unitary patent package?

Sighs of relief… sighs of disappointment… Depending on your position towards the unitary patent package, one of the aforementioned sighs was heaved on Tuesday, when the CJEU dismissed the annulment actions of Spain against the Council Regulation 1257/2012 (“Unitary Patent Regulation”) and Council Regulation 1260/2012 (“Translation Regulation”) of the so-called unitary patent package. Irrespective of what side you are on, it is fair to say that after the dismissal by the CJEU of Spain’s and Italy’s actions against the enhanced cooperation (C-274/11 and C-295/11) and the Opinions of the Advocate General Bot of 18 November 2014, very few people expected the CJEU to rule in favou [...]

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