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Miquel Montañá (Clifford Chance)
Fanaticism and legalism at the dawn of the UPC: how UPC fanaticism has left the UPC devoid of privileges and immunities
May 31, 2023

As explained in our entry UPC: four reasons why the PPA is not legally in force, published on April 21, 2022, one of the collateral damages of Brexit is that the conditions for the entry into force…

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Miquel Montañá (Clifford Chance)
Barcelona Appeal Court clarifies damages period that may be claimed
October 20, 2022

As readers are well aware, Directive 2004/48 EC (known as the "Enforcement Directive"), stemming from Part III of the TRIPS Agreement, was meant to introduce a minimum level of intellectual property…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment no. 46/2022 of the Supreme Court, dated 27 January 2022, Spain
September 14, 2022

The Spanish Supreme Court rules in a patent ownership and trade secret dispute where a company had filed a patent application which named as inventor the husband of the company's founder, who had…

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Miquel Montañá (Clifford Chance)
Landmark legal reform confers Civil Provincial Courts jurisdiction to review Patent Office decisions
August 19, 2022

To date, final decisions from the Spanish Patent and Trademark Office ("SPTO") dealing with matters such as patents or supplementary protection certificates ("SPC") may be appealed before the…

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Miquel Montañá (Clifford Chance)
The role of the objective technical problem resulting from prosecution in determining the scope of protection
July 20, 2022

As readers will be well aware, one of the points on which the courts of various European countries diverge, is whether or not the prosecution history of the patent at hand may be taken into account…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment no. 677/2021 of Barcelona Commercial Court no. 5, Spain
July 13, 2022

Barcelona Commercial Court no. 5 - arguably Spain's most active patent court - rules in an infringement case concerning motorcycle helmets. The features of a claim cannot be narrowed down based on a…

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Adrian Crespo (Clifford Chance)
Patent case: Judgment No. 1610/2021 of Barcelona Court of Appeals, Spain
March 28, 2022

In a complex case concerning blockbuster cinacalcet, Section 15 of the Barcelona Court of Appeals makes findings on the non-obviousness of inventions consisting of the provision of an unexpected…

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Miquel Montañá (Clifford Chance)
Nullity of mother patent does not prejudice validity of divisionals
March 21, 2022

Although the title of this blog may sound trite to most readers, it may still be of interest to briefly discuss a recent case where this topic was discussed before the Spanish courts in the context…

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Miquel Montañá (Clifford Chance)
Claiming the ownership of your alleged invention in Spain might cause you sorrow and pain
February 14, 2022

On 27 January 2022, the Spanish Supreme Court handed down a very interesting judgment dealing with a dispute surrounding the ownership of a patent application that claims a system to produce domestic…

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Miquel Montañá (Clifford Chance)
Are you getting ready for the 2022 Mobile World Congress?
January 17, 2022

After the disruption brought on by the pandemic, it seems that this year the Mobile Word Congress ("MWC"), the largest mobile trade event in the world and one of the most significant trade fairs held…

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