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Results: 1-10 of 41

Spanish Supreme Court requests the CJEU to provide a preliminary ruling regarding compensation for moral prejudice in cases of intellectual property rights infringement
  • Baker & McKenzie
  • European Union, Spain
  • March 30 2015

On 12 January 2015, the Civil Chamber of the Spanish Supreme Court issued an Order (hereinafter, the "Order") presenting a question for preliminary


Fake social networking profile results in employee's dismissal
  • Baker & McKenzie
  • Spain
  • April 26 2012

The Cartagena Labour Court (Ruling No 5172011) was not convinced that the plaintiff employee had created a fake profile of the company's director on a social networking site, sent invitations to other employees, and published a number of defamatory comments about the company just to make a joke


Supreme Court rules television product placement for tobacco products illegal
  • Baker & McKenzie
  • Spain
  • March 28 2012

The Spanish Supreme Court has ruled in the lawsuit filed by the Association of Communication Users (ACU) against Altadis, SA (a company marketing tobacco products) and Television de Galicia that the advertising of a brand of tobacco in a television series is illegal


Director compensated for the non-authorised inclusion of images of his documentary in a TV report
  • Baker & McKenzie
  • Spain
  • February 9 2012

The Commercial Court num. 6 of Madrid issued a judgment whereby a Spanish national TV channel and a TV production company owned by the latter, were sentenced to pay 13,370 to a German director for infringement of his intellectual property rights


Damages awarded in an identity theft case on a social networking site
  • Baker & McKenzie
  • Spain
  • December 6 2011

The Segovia Provincial Court (Ruling 352011) awarded an aggrieved individual 12,400 in moral damages as a result of the depression she suffered in an identity theft case


Chesterton's works are protected in Spain until 2016 or 80 years after his death
  • Baker & McKenzie
  • Spain
  • November 10 2011

On 14 July 2011, the Commercial Court nº 12 of Madrid issued a judgment clarifying the term of protection of exploitation rights for works created by deceased authors


Spanish TV channel held liable for plagiarising TV format
  • Baker & McKenzie
  • Spain
  • September 6 2011

On 14 June 2011, the Commercial Court Nº 12 of Madrid sentenced Spanish TV channel Telecinco to pay 60,000 to the state-owned broadcasting company RTVE on the grounds that the TV programme "España pregunta, Belén responde" ("Spain asks, Belén answers") is a copy of the well-known TV format "Tengo una pregunta para usted" ("I have a question for you"), of which RTVE is the exclusive licensee in Spain


Precautionary measure adopted prohibiting broadcaster from using a particular television programme format
  • Baker & McKenzie
  • Spain
  • July 4 2011

Upon the request of Corporación Radiotelevisión Española, the Commercial Court Nº 12 of Madrid issued an injunction against Telecinco which prohibited the broadcast of any television programme with a similar format to the well-known programme "Tengo una pregunta para usted" (I have a question for you), which is owned exclusively by Corporación Radiotelevisión Española


Rulings against the applicability of the copyright levies in Spain
  • Baker & McKenzie
  • Spain
  • June 21 2011

After the judgment issued by the European Court of Justice (ECJ) on 21 October 2010 declaring that the indiscriminate application of the copyright levies in Spain is contrary to EU law, a number of Spanish courts are already following the judgment without waiting for the reforms that the Spanish Government will introduce to align the country's regulations on copyright levies with EU law


Spanish "audiencia nacional" revokes the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs
  • Baker & McKenzie
  • Spain
  • June 1 2011

The Spanish Association of Internet Users filed a claim against the Ministry of the Presidency and most of the Spanish collecting societies alleging that: (i) the Spanish Ministerial Order governing the list of digital devices subject to the right to equitable remuneration for private copying and its tariffs (Order) should be null and void, as it violates legal principles; and (ii) the invalidity of the Order should be backdated to include all payments improperly made