REPORT ON IP-RELATED MATTERS IN SPAIN

ISSUE 14 SPRING 2008
1. Geographic scope for considering a mark well-known.
2. EU sector inquiry into competition on pharmaceuticals.
3. Secret patents and filing of applications in Spain.

ISSUE 13 AUTUMN-WINTER 2007-2008
1. The new Spanish Defence of Competition Act.
2. The Spanish Supreme Court rules on SPCs for the first time.
3. The ECJ on jurisdiction regarding IP law and TRIPS. Judgement of 11 September 2007.

ISSUE 12 SUMMER 2007
1. The Supreme Court on the presumption of use of a patented process.
2. The assessment of the elements in descriptive trademarks: The Don Piso case.

ISSUE 11 SPRING 2007
1. Spanish Utility Models: What does ‘very evidently’ mean?
2. Parallel imports into Spain too! The application of ECJ doctrine in Spain.

ISSUE 9 AUTUMN 2006
1. Non-competition clauses in franchise agreements.
2. “WOMEN’S SECRET” v. “SECRETOS DE MUJER”.
3. SPCs: the ECJ clarifies the meaning of the expression ‘combination of active ingredients’.

ISSUE 8 SUMMER 2006
1. Modifications to preliminary enquiry proceedings concerning IP rights.
2. Adoption of common criteria to calculate damages caused by IP infringement.
3. Changes to procedural aspects affecting copyright law enforcement.
4. Changes to preliminary injunctions regarding IP rights.
5. Spanish Patent Office reports are no longer required for patent nullity lawsuits.

ISSUE 7 SPRING 2006
1. Principles applicable to the awarding of damages.
2. Second report of the European Commission on Directive 98/44/CE on biotechnology.

ISSUE 6 AUTUMN 2005
1. Patent Rights and Marketing Authorisations for Medicines.
2. Trade mark genericisation. The ‘Ganchitos’ case.
3. Court rules against Autocontrol for having issued a decision against a non-member company.

ISSUE 5 SUMMER 2005
1. Doctrine of Patent Equivalence in Spain.
2. Implementing Pharmaceutical IP-Related Matters of Directive 2004/27/CE.

ISSUE 4 SPRING 2005
1. Partial revocation of a claim is not possible in Spain.
2. Company name versus prior distinctive sign.
3. Publication of a study on the patentability requirements, scope and infringement of patents.

ISSUE 3 WINTER 2004-2005
1. Implementing the Bolar provision in the EU.
2. Compensation for losses and damages in industrial property cases.
3. Entry into force of the implementing regulations of the industrial design act.

ISSUE 2 AUTUMN 2004
1. First court case on SPCs in Spain.
2. Creation of the Commercial Courts: Spanish courts semi-specialised in IP.
3. Spain's modifications to its Criminal Code come into force in October 2004.

ISSUE 1 SUMMER 2004
1. An important decision on claim construction.
2. Which jurisdiction may the plaintiff choose in a case of infringement in Spain?
3. New rules to register Industrial Design in Spain from July 8th 2004.