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Inmaculada Lorenzo

Posts by Inmaculada Lorenzo

Spain: Traditional “right to use” doctrine overturned by the Supreme Court: Spanish trademark registrations are no longer a valid defence

Spanish Supreme Court: Judgment of 14 October 2014 (DENSO) The Spanish Supreme Court has ruled – overturning its previous jurisprudence – that the ownership of a Spanish trademark registration can no longer be used by defendants in infringement proceedings as a valid defence against the infringement claims of the holder of prior trademarks. The Supreme

Spain: The deciding factor: court-appointed experts

In view of their limited resources and technical knowledge in certain areas, Spanish courts rely heavily on opinions issued by “independent” experts and bodies such as the Spanish Patents and Trademark Office (“PTO”). In the absence of patent courts, experts play a significant role in patent infringement and revocation proceedings (both exclusively heard by civil