MAGISTER LVCENTINVS TURNS 20

23-June-2014

The “Magister Lvcentinvs”, master of laws in intellectual property at the University of Alicante, celebrated on June 21 its 20th anniversary. This event was attended by alumni, such as two EMPS partners, Adrian Esquivel and Victoria Sofía Martin Santos, as well as by many personalities of the European IP world and representatives of organizations such as OHIM and WIPO. The celebrations for this master, one of the first programs to be offered in Spain and Europe in the field of IP, took place in the Real Liceu and the Real Club de Regatas in Alicante. The event was held immediately after ECTA, also held in Alicante this year, and attended by EMPS representatives as each year.

THE ECJ ENSHRINES THE "RIGHT TO BE FORGOTTEN"

03-June-2014

The European Court of Justice has issued a decision concerning the “right to be forgotten”, resulting from a prejudicial question made by the Spanish National Audience court in the course of a controversy between the Spanish Data Protection Agency and Google Spain. The judgment construes the Directive 95/46/CE on Data Protection and makes two interesting points: first, it declares that a search engine established in Spain must comply with local data protection regulations; secondly, and as a necessary consequence of the first point, it declares the search engine is responsible from the processing of personal data. This means that search engines must apply the users’ rights to oppose and cancel their personal data, as provided for in Spanish regulations, and that they are obliged to remove inadequate, irrelevant or excessive personal data upon the user’s request. 

 Read the decision in English here.

EMPS WILL BE AT THE INTA ANNUAL MEETING IN HONG KONG

22 - March - 2014

Our firm will be attending the International Trademark Association (INTA) meeting taking place from 10 to 14 May 2014. The 136th edition of the reunion will be held in Hong Kong and will count woth the presence of over 8,500 participants from over 140 countries. The INTA annual meeting is the most important event for trademark professionals, and an unique opportunity to meet with members of the trademark community from all over the world. Like very year, firma partner Adrian Esquivel will be there representing Esquivel, Martin, Pinto & Sessano.

More info at :

 http://www.inta.org

SPANISH SUPREME COURT REJECTS COLOUR TRADEMARK FOR ORANGE

31-January-2014

The Spanish Supreme Court stated in a decision made public last Monday that a simple orange square as used by telecom Orange cannot be deemed distinctive and benefit from trademark exclusive rights. The discussion started by virtue of the opposition of telecom company Jazztel (also using orange) to the registration of such a trademark by Orange (international trademark 908137, designtating Spain). According to the Court, a “common orange” can only acquire distinctive character in extraordinary cases by prior use. This was not the case, since both telecom operators had peacefully coexisted until that moment. Registry precedent in other countries where Orange does have its orange square trademark registered are were not considered relevant, since in each country the prior use has been necessarily different. The Supreme Court has taken this opportunity to remind that, as a general principle, general interest is against the restriction of the availability of colours in the market.

Read the decision (in Spanish) here: 

http://ep00.epimg.net/descargables/2014/01/13/9209e7a8ac571d24f597f98d7658c9ea.pdf

THE EU COMMISSION OPENS PUBLIC CONSULTATION ON COPYRIGHT RULES

24 - January - 2014

The European Commission has opened a public consultation aiming at collecting stakeholders' views  on the current copyright regulations. The goal of this consultation is to hear the demands of every interested party  in view of legislative reform of this controversial  matter. The Commission acknowledges in the document created for the consultation (accesible through the link below) that the same its largely owed to the challenges created by the Internet over the last two decades and in the dramatic change in the way content is created, distributed and consumed. The deadline to participate is February 5.

You may pariticpate at this website .

EMPS AT THE ASIPI MEETING IN PUNTA CANA

11 - November - 2013.

Managing partner Adrian Esquivel will be attending the XVII Working Sessions and Administration Council of the Inter-American Association of Intellectual Property, ASIPI, in Punta Cana, Dominican Republic, from December 1 to 4.

This meeting will bring together more than 600 people during three days of informative sessions and networking. ASIPI is a not for profit organism gathering intellectual property practitioners from 22 countries in America and advancing the enhancement and harmonisation of IP accross the continent. ASIPI's events are attended by professionals from all over the world with an interest in the region.

More info: http://www.asipipuntacana2013.com/

NEW EU CUSTOMS REGULATION AGAINST COUNTERFEIT IMPORTS

02 - September - 2013.

The European Parliament has passed the new Regulation 608/2013, concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003, currently in force. This new regulation will be effective on 1 January 2014.

The new Regulation maintains the fundamentals of the one in force, and is devised to facilitate, by means of a simplified procedure, the destruction at customs of goods infringing IP rights before entering the Union.

The most relevant novelty is the inclusion of a new procedure for small consignments (3 units or less, or less than 2 kilograms), that will be destroyed automatically without the right-holder's intervention. This new provision reflects the trend amongst counterfeiters to divide consignments into small parcels in order to hinder detection and disencourage the enforcement of rights.

See the Regulation's full text here.