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DeutschCopyright in architectural works
The Intellectual Property Act (hereinafter LPI 1996) states that the ownership of the work corresponds to the author, that is to say, to its "creator". Therefore, the architect-designer acquires the intellectual property rights by the fact of being the author of the work that later takes shape in a building. However, intellectual property does not necessarily cover all the elements of a building, but only those elements that are creative and original and reflect the personality of the author.…
Start ups – confidentiality agreements (NDA)
In several occasions we are determined to undertake. But when starting a new business, there are many issues to consider and as well as many concerns. The first concern that may arise is whether I can get any protection when I communicate my idea to someone else. Is it convenient to sign a contract or a confidentiality agreement? Ideas are not protected. Sometimes an entrepreneur's idea is not so novel in itself, but the added value is provided by the entrepreneur (because of his experience,…
XOXO, lack of distinctiveness among the relevant public
Background of the case In August 2017, the applicant, Global Brand Holdings LLC, filed an application of an EUTM XOXO (word mark) for the following classes 3, 9, 14, 18, 25 and 35. On May 2018, the application was rejected, following the objections raised by the Office since the trademark was considered not distinctive and having a mere promotional and laudatory meaning. It was only allowed to proceed only in Class 35. Subsequently, the applicant filed an Appeal, which was eventually dismissed…
Can the shape of the Brompton bike be protected?
The Court states that works whose shape is necessary to achieve a functional technical result may be protected by copyright to the extent that it is original Background of the case A reference for a preliminary ruling has been submitted to the Court of Justice of the European Union in the context of a dispute between, SI and Brompton Bicycle Ltd ('Brompton') and Chedech/Get2Get ('Get2Get') concerning an action for infringement of copyright brought against the latter. Brompton has been marketing…
What can I do if I notice on social networks that products copying my design are being advertised, or products are being offered under my registered trademark?
E-commerce has experienced an enormous increase, which has been accelerated by the current lockdown of practically the entire world. Following this increase, individuals who promote their products through social networks play an important role. The number of profiles exposing articles for sale through publications, "stories" has also grown exponentially. It is common to find in profiles the possibility of buying clothes, decorative items, illustrations, etc., which regardless of not being…
COVID-19. Update on procedural and administrative deadlines
Jurisdictional order After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of procedural timeframes has been suspended and interrupted, always linked to the development of the State of Alarm. The General Council of the Judiciary, on May 23, approved through its Permanent Commission the following agreements: As from June 4, the suspension of time limits and procedural activity, established in the second additional provision of the Royal Decree…
Collective mark designating the geographical origin of the goods. Valencian mussels.
Background of the case The Asociación Empresarial Agrupación de Clochineros de los Puertos de Valencia y Sagunto ("ACPV") filed a lawsuit against Clochineros de Valencia S.L. on 22 January 19, for unlawful use of the Collective Mark No. 3565774 CLÓCHINA VALENCIANA, and Collective Mark No. 3565754, CLÓCHINA DE VALENCIA, which is reproduced in the corporate name of the defendant CLOCHINEROS DE VALENCIA S.L, meaning that there is a trademark infringement, claiming among others, the corresponding…
Provisional measures. Supreme v. Supreme. Non registered well-known trademark.
Background of the case The entity CHAPTER 4 CORP. DBA SUPREME (hereinafter, CHAPTER), filed a request for provisional measures prior to the filing of an action for infringement of the well-known trademark SUPREME in Spain and for unfair competition. The plaintiff is the owner of 130 trademark applications and registrations in more than 52 countries around the world. The defendant has a website and two stores, where products identical or very similar to those of the plaintiff under the SUPREME…
Update on procedural and administrative deadlines before the OEPM and EUIPO.- COVID-19
After the Spanish Government enacted the State of Alarm due to the current pandemic, the fulfillment of administrative timeframes before the Spanish Trademark and Patent Office (OEPM) and the European Union Intellectual Property Office (EUIPO) has been suspended and interrupted. Below, we clarify how this situation will be implemented in both offices as well as in the Spanish legal system after the approval of another 15 days’ extension, until April 26. We may however anticipate that a new…
On May 14, 2020, the Spanish Patent and Trademark Office (OEPM) organized a virtual discussion on "Compulsory Licensing in Patents. Approach during the Covid-19 pandemic”.
Hernández-Martí attended, as listener, the virtual round table organized by the OEPM where it was discussed how the Office as well as the Spanish Government will react towards a vaccine or medical treatment directed to decrease the effects of the current pandemic caused by the Covid-19, within the industrial property field. There is currently no vaccine or medical treatment that can mitigate the effects of the pandemic. It was therefore stressed that the role of the office is to facilitate and…