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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 [...]

Boost for Unitary Patent Package: CJEU dismisses Spanish challenge

The European Court of Justice (CJEU) has just rejected Spain’s challenge of the Regulations No 1260/2012 and No 1257/2012.

The eagerly awaited decision in the cases C-146/13 and C-147/13, implementing enhanced cooperation in the area of the creation of unitary patent protection, means an important obstacle for the creation of the Unified Patent Court and the Unitary Patent has been removed.

According to the CJEU’s press release, in Case C-146/13, Regulation (EU) No 1257/2012 ‘Spain contests (inter alia) the legality, in the light of EU law, of the administrative procedure preceding the grant of a European patent. It argues that that procedure is not subject to judicial review to ensu [...]

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 [...]

Decision in Spanish challenge of Unitary Patent Package on 5 May 2015

The crucial decision of the European Court of Justice (CJEU) on Spain’s objections to the Unitary Patent Package will be delivered on 5 May 2015. The date was published on the CJEU’s website earlier this week.

CJEUThe decision could remove what is widely seen as the last major stumbling block for the creation of the Unitary Patent (UP) and the Unified Patent Court (UPC). Spain seeks annulment of two regulations forming part of the Unitary Patent Package: Regulation No 1257/2012, on the creation of unitary patent protection conferred by a patent  and Regulation No 1260/2012, governing the applicable translation arrangements. Spain argues the language regime disfavors those who don´t have En [...]

The Judgment of 12 March 2015 of the CJEU in Actavis v. BI: is the “subject-matter of the patent” test crafted by the AG in Medeva to replace the “core inventive advance” test?

On 12 March 2015, the Court of Justice of the European Union (“CJEU”) published the judgment announced in our last blog in Case C-577/13, in response to some of the preliminary questions referred by the High Court of Justice (England and Wales), Chancery Division (Patents Court) in a case between Actavis Group EHF, Actavis UK Ltd (“Actavis”) and Boehringer Ingelheim Pharma GmbH & Co. KG. (“BI”).  The facts of the case before the referring Court may be summarised as follows:

Background of the case:

On 9 August 1999, BI was granted a Supplementary Protection Certificate (“SPC”) for Telmisartan based on a marketing authorisation for Telmisartan granted on 16 December 1998 and patent EP (UK) 50 [...]

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