On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court n.4 of Barcelona, which rejected the patent owners' 'lis pendens' defence against a…
On 2 March 2011, the Court of Appeal of Barcelona (Section 15) handed down a judgment that has helped to clarify the scope of Article 125.2 of the Spanish Patent Act, which had been interpreted in…
On 2 March 2011 the Barcelona Court of Appeal handed down a judgment reversing a decision from Commercial Court number 4 of Barcelona, which had rejected a "lis pendens" defence pleaded by the owner…
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,…
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…
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…
On 12 July 2010 the Supreme Court handed down a long-waited judgment, dismissing a complaint filed by a manufacturer of generic medicaments against a patent owner that had threatened more than one…
One of the most contentious points discussed before Spanish Courts over the last few years is the question of whether or not Courts should examine the validity of the patent when this has been raised…
In appeal proceedings against a granted ex parte injunction, the Court of Appeal considered that the test whether there is an imminent threat of infringement must be based on objective criteria..…
After the implementation of the "Bolar provision", introduced into Spanish law through Directive 2004/27, the Courts of Appeal of Navarra, Madrid and Barcelona decided that the new provision should…
