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Grau & Angulo | Spain | 13 Sep 2021

Barcelona patent court dismisses PI request in relation to sorafenib generics

Barcelona Commercial Court 1 recently dismissed a preliminary injunction request filed by Bayer against four companies in relation to the commercialisation of generic medicinal products of sorafenib tosylate. Before assessing the specifics of the case at stake, the decision highlighted some key procedural issues regarding the possibility of arguing invalidity of the asserted patent in PI......
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Grau & Angulo | Spain | 6 Sep 2021

Valencia Court of Appeal sentences defendant for manufacturing and offering counterfeit handbags

In a recent case concerning counterfeit handbags, the Second Section of the Valencia Court of Appeal held that it was clear from the evidence that there was a commercial purpose to the defendant's actions. The Court sentenced the defendant to three years' imprisonment, a fine and to pay compensation for moral damages.
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Grau & Angulo | Spain | 2 Aug 2021

Updated Spanish case law in relation to protective letters

Protective letters have become a common tool used by potential defendants in patent matters. In recent years the Barcelona patent courts have allowed patentees to appear in proceedings initiated by a potential defendant via the submission of a protective letter and, therefore, to gain access to a protective letter before filing a preliminary injunction motion. This raises interesting......
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Grau & Angulo | Spain | 26 Jul 2021

Supreme Court once again confirms unlawfulness of using third-party trademarks for smell-alike perfumery

In Spain, the infringing and unlawful nature of the use of the trademarks of original perfumes in the context of smell-alike perfumery is a clear and conflict-free issue for the courts, which have been ruling in this sense for years. A recent Supreme Court decision confirms, once again, this jurisprudential doctrine.
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Grau & Angulo | Spain | 12 Jul 2021

Ezetimibe and simvastatin combination SPC revoked by Barcelona Patent Court

The Barcelona Commercial Court Number 5 recently declared the Spanish supplementary protection certificate (SPC) covering the combination of ezetimibe and simvastatin to be invalid. The case was deliberated by the three Barcelona patent judges, who upheld the defendants' arguments and declared SPC'011 for ezetimibe and simvastatin invalid, dismissing MSD's infringement action.
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Grau & Angulo | Spain | 10 May 2021

Catalonia High Court of Justice confirms grant of DYNAMIC SANTIVERI trademark

The Catalonia High Court of Justice recently dismissed a contentious-administrative appeal which had been filed on the grounds of incompatibility between the trademark DYNAMIC SANTIVERI and the earlier trademark DYNAMIN. The court found that sufficient denominative and applicative differences existed between the two trademarks to avoid any likelihood of confusion in the mind of a general......
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Grau & Angulo | Spain | 26 Apr 2021

Second-instance court nullifies acquittal due to incorrect interpretation of IP crime

The Madrid Court of Appeal recently nullified a first-instance trial court judgment which had acquitted the defendants of a criminal offence. The appeal court found that the trial court had been wrong to declare the facts of the case as a misdemeanour against intellectual property (and not a criminal offence) and determine that the statute of limitations for misdemeanours had lapsed.
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Grau & Angulo | Spain | 19 Apr 2021

Barcelona Court of Appeal confirms legitimacy of Tommy Hilfiger's use of TH sign

In a recent judgment, the Barcelona Court of Appeal confirmed the judgment of Barcelona Commercial Court 6 which dismissed a trademark infringement action brought against Hilfiger Stores Spain (HSS), SL. The appeal court partially upheld HSS's counterclaim against the plaintiff's trademark – which was registered for goods in Class 25 (ie, clothing, footwear and hats) – for cancellation on......
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Grau & Angulo | Spain | 1 Feb 2021

Appeal court confirms criminal conviction for commercialisation of infringing products

In its judgment of 14 October 2020, the Madrid Court of Appeal confirmed the condemnatory judgment of Madrid Trial Court Number 25 for a crime against industrial property under the Criminal Code. The proceedings arose after 8,189 products which illicitly reproduced the marks of various musical groups, including Iron Maiden, were seized from an establishment that was open to the public and......
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Grau & Angulo | Spain | 25 Jan 2021

Superior Court of Justice confirms criminal conviction for wholesale and retail sale of fake garments

In an October 2020 judgment the Civil and Criminal Section of the Superior Court of Justice of Madrid largely dismissed the brief of appeal filed by the defendant against the convictional judgment, by which the Provincial Court of Madrid had sentenced him to a two-year prison sentence, a fine and payment of the damage compensation and legal costs of private prosecution for the......
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