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Miquel Montañá (Clifford Chance)
New Spanish Patents Act coming into force on 1 April 2017
August 07, 2015

On 25 July 2015, the Spanish Official State Gazette published the text of Act 24/2015, of 24 July 2015, on Patents ("New Patents Act" or "the new Law"), which is due to come into force on 1 April…

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Miquel Montañá (Clifford Chance)
Innovation at the Mobile World Congress sparks innovation at Barcelona Commercial Courts
July 24, 2015

Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that…

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Miquel Montañá (Clifford Chance)
Spanish Courts move one step further towards the path of specialisation
June 12, 2015

In a world of increasing legal complexity, it is a common ground – except in Luxembourg – that the lack of specialisation results in the administration of injustice rather than in the administration…

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Miquel Montañá (Clifford Chance)
Spain: Supreme Court, First Civil Law Chamber, 531/2014, 15 October 2014
May 12, 2015

On 15 October 2014 the Spanish Supreme Court confirmed its earlier rulings on two issues: after an IP right has been found invalid in first instance but the Court of Appeal overturns this decision…

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Pieter Callens (Eubelius)
What to remember from the dismissal by the CJEU of Spain’s actions against the unitary patent package?
May 07, 2015

Sighs of relief… sighs of disappointment… Depending on your position towards the unitary patent package, one of the aforementioned sighs was heaved on Tuesday, when the CJEU dismissed the annulment…

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Miquel Montañá (Clifford Chance)
Spanish amendments to the draft new Patents Act: will Spain have rickshaws instead of cars in the streets?
April 30, 2015

In September of 2013, the Spanish Patents and Trademarks Office ("SPTO") published a draft Patents Act aimed at modernising the old Act 11/1986, of 20 March, on Patents, which is close to celebrating…

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Miquel Montañá (Clifford Chance)
Mollusc patent litigation: going back in time
February 20, 2015

For those who thought that patent litigation was only relevant for big pharma or cutting-edge telecom devices, it may be of interest to learn about a relatively recent judgment from the Court of…

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Dr. Ingve Björn Stjerna
The Advocate General on the Spanish “unitary patent” challenges: A Statement of (Op-)position
January 26, 2015

 By Rechtsanwalt Dr. Ingve Björn Stjerna, LL.M., Certified Specialist for Intellectual Property Law, Düsseldorf. This article reflects the personal opinion of the author. On 18 November 2014 Advocate…

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Miquel Montañá (Clifford Chance)
Recent judgment from Court of Appeal of Navarre illustrates that launching at risk can be a painful gardening experience
January 23, 2015

Many readers, particularly those based on one of the islands to the Northwest of the Canal de La Manche, will remember the famous metaphor used by then Justice Robin Jacob in his Decision of 23…

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Miquel Montañá (Clifford Chance)
Barcelona Court of Appeal publishes most surprising Judgment on pharmaceutical patents, the role of the CJEU, and Art. 70.7 of TRIPS
October 30, 2014

1. Introduction: Over the last decade, in some of the countries that did not introduce patent protection for pharmaceutical products until 1992, there has been an intense debate which has included,…

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