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.