CJEU: UNAUTHORIZED REPOSTING CAN BE INFRINGEMENT

8-August-2018

 The Court of Justice of the European Union (CJEU) published yesterday a landmark decision on copyright matters, Renckhoff, C-161/17.

In this particular case, a school website posted a photograph taken from a student project, that was in its turn obtained from a third website where the picture was freely accessible. German courts referred the matter of whether the inclusion of a work — which is freely accessible to all internet users on a third-party website with the consent of the copyright holder — on a person’s own publicly accessible website could constitute infringement to the CJEU. The Court has confirmed that the author must consent every reposting, as it is a new Communication to the public. This decision is very positive for copyright holders and is in contrast with the case with links to third parties, that doesn’t need any authorization.

Read the decision here

WHY DO COUNTRIES EXPORT FAKES? REPORT

10-June-2018


The Organization for Economic Cooperation and Development (OECD) has published a report entitled "Why Do Countries Export Fakes?" analyzing the matter from a multidisciplinary perspective.  Contrary to common belief, given the prominence of China as a source country, virtually every country can generate fake output provided certain economic, social and regulatory incentives. The report looks at the current situation and seeks solutions for this problem in the future, that creates problems ranging from public health hazards to  the hindering of innovation. 
The full report can be read here.
If you receive a notice from Spanish Customs regarding fake merchandise, we can help you at  emps@emps.es 

NEW SPANISH TRADEMARK LAW PROJECT AVAILABLE

15-May-2017


After the approval of the European Parliament and Council Directive 2015/2436, Spain is getting ready to prepare the necessary amendments to its current law in order to harmonize the system with every country on the EU.

One of the most noticeable novelties is that trademarks will no longer need to be represented in graphic form, opening the door to unconventional trademarks such as smells and sounds. 

Also, the request for proof of use of the base mark by opponents is introduced. 
Lastly, the Spanish distinction between well-known and notorious trademark disappears, only the former remaining.

The amendments will enter into force in 14 January 2019. 

Full text of the bill, in Spanish, here.

THE SPANISH SUPREME COURT REVERSES THE COPYRIGHT LEVY SYSTEM

22-December-2016
The Spanish Supreme Court repelle don November 10 the Royal Decree that allocated the compensation for private copy to the State anual Budget (Real Decreto 1657/2012 of 7 December) as it did not guarantee the cost of compesation was burdened on actual users of such copies.
The Court of Justice of the European Union had previously in its ruling Padawan decided that the Spanish system of private copy compensation, that levied storing equipment regardless of its actual use, was against European law. The Spanish Government then decided to charge these levies to the State Annual Budget.


The Supreme Court has based their decision to overturn the Royal Decree in the same European Court doctrine. We will now have to wait for the development of a new system in harmony with European law. 

COLLECTIVE MARK FOR OFFICIAL SPANISH PATENT AND TRADEMARK AGENTS CREATED

10 – February – 2016
The Official Association of Patent and Trademark Agents of Spain (COAPI) has created the collective trademark “PI AGENTE DE LA PROPIEDAD INDUSTRIAL COLEGIADO” in class 45, as reproduced below: 


This mark can only be used by official agents after passing the required examination and having registered with the COAPI.  

This initiative is part of the COAPI mission to guarantee and defend a high standard in the services provided in maters of patents and trademarks by their registered agents. 

EMPS, who counts among its partners with official agent Victoria Sofía Martín, welcomes this initiative and always recommend to have intellectual property matters entrusted to official agents in order to obtain a rigorous and professional service.

More information (in Spanish): www.coapi.org

NEW SPANISH PATENT ACT PUBLISHED

30-July-2015
The new Spanish Patent Act has ended its parliamentary procedure and been approved on 24 July. This new law, that will repeal the current 1986 Patent Act, will enter into force in 1 April 2017.
The main and most awaited feature of the new act is the introduction of a system where patents will only be granted with prior examination of novelty and inventive step. This change means to align Spain with international regulations and favour the creation of a strong patent ecosystem. The current law lets the applicant choose between undertaking the substantive exam (and obtain a “strong” patent) or only a formal exam (“weak patent”).
Another novelty oriented at fostering a more innovative economy is the reduction of fees and the first three annuities in 50% for medium and small enterprises as well as for entrepreneurs.
Lastly, we highlight the novelties concerning utility models, by far the most common titles among Spanish inventors. With the new law, the geographical scope of tge state of the art affecting utility models will be global, the same as for patents (not only Spain as it is today). Utility models will also see its material scope extended to the field of chemicals.
 Any questions? Send us and email : Emps@emps.es


EMPS IN SAN DIEGO FOR INTA MEETING

15 - April - 2015

The Annual Meeting of the International Trademark Association (INTA), will be held from May 2 to 6 in San Diego, California. The meeting will be the largest to date, with more than 9.500 participants from over 150 countries.

The meeting is the perfect occasion to meet with clients, business partners and friends, while learning about the most important developments in trademark law. 

Esquivel Martín Pinto & Sessano will be there, like every year, represented by partner Adrián Esquivel. 

More info: www.inta.org

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