Miquel Montañá

According to Article 79.3 of the 1986 Patents Act, patent rights not registered with the Patent Office may not be invoked against third parties. This article has sparked the debate as to whether a…

One of the topics hotly discussed before the Spanish Commercial Courts over the past month is whether "omnibus" claims included in patents granted under the 1929 Patent Act are enforceable after…

On 30 June 2010, the Supreme Court held that the 'Bolar provision' introduced by Law 29/2006, which implemented Directive 2004/27 into Spanish law, may not be applied retrospectively. In addition,…

On 3 August 2007 and 5 December 2007, Commercial Court Number 1 of Barcelona ordered a preliminary injunction preventing the launch of all the generics of a well-known medicament used to treat…

Under Spanish law, when the first generic version of a medicament of reference (i.e. original medicament) is authorized, the setting of the price of the generic triggers the inclusion of the…

One of the strategies used by manufacturers of generic drugs to try to capture the market of the "reference product" when the patent protecting the latter expires is to present the generic as a cheap…

Like other countries, such as Australia or Germany, a "petty" patent or "utility model" can be obtained in Spain for so-called minor inventions. They present a twofold distinction with regard to …

EC Directive 2004/48 (known as the "Enforcement Directive") was implemented in Spain through Law 19/2006, which sought to harmonise, among other aspects, the criteria to establish damages in legal…

The last year has kept some Spanish Courts busy with a debate that already caught the attention of English Courts at the beginning of the XX century, that is, whether "omnibus" claims are enforceable…