Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ) – new developments in the field of industrial property

Organic Law 7/2022, amending Organic Law 6/1985, of 1 July 1985, on the Judiciary (LOPJ), on the subject of Commercial Courts, contains important new developments in the organisation of the jurisdiction, in particular attributing jurisdiction in certain matters between civil and commercial courts, Provincial Courts and specialised sections of the same. Our attention is focused on industrial property matters.


Geographical indications of craft and industrial products

The Commission has made a proposal for a Regulation creating a framework for the protection of intellectual property for craft and industrial products based on the originality and authenticity of the traditional practices of their regions.


Confidentiality agreement. Unfair competition action for breach of confidentiality duties. Damages.

The facts in question are, in summary, the communication of confidential business information, in breach of the confidentiality agreement. The agreement did not state which documents contained the confidential information.


Essential characteristics of three-dimensional marks. STGUE of 30 March 2022. Case T-264/21.

Établissement Amra, is a commercial company which is the proprietor of EU three-dimensional trade mark No 10627917, registered for the goods in Class 28


Non Disclosure Agreements

Confidentiality agreements, Non Disclosure Agreements, commonly known as NDAs, are of great importance in business-to-business relations, as can be seen in the following examples. Service providers (IT, maintenance of facilities and machinery, among others) often have access to confidential information of the company receiving such services (production processes, organisation and facilities, etc.).


The confidentiality duty in the employment contract

Although no one can validly allege ignorance of the law, it is very convenient to include a clause in the employment contract that imposes the specific duty of confidentiality, what this duty implies for the worker, as well as the possible consequences of its infringement, so that in the future it will not be possible to invoke an error in the interpretation and scope of the duty of loyalty established in art. 5 of the Workers' Statute.


Trade Secrets

The business owner often has under his control commercial value information, which he protects by means of secrecy. Examples of such information are chemical formulas, manufacturing and organisational processes, product information or financial information.


No unfair advantage was found to have been taken. LA TIENDA DEL LOTERO

SOCIEDAD ESTATAL LOTERÍAS Y APUESTAS DEL ESTADO, S.M.E, S.A, the plaintiff, is the proprietor of a series of national and European trade marks consisting of "LOTERÍAS", "ADMINISTRACIÓN DE LOTERIA" and "LOTERÍAS Y APUESTAS DEL ESTADO".


Trademark infringement. Internet advertising system by referencing (Adwords).

Grupo Ilusión de Ortodoncistas, S.L. brought a number of actions against Laboratorio Lucas Nicolás, S.L., owner of the website www.clinicasvitaldent.info/VitalDent, based on infringement of the trademark "Clínicas Ortodoncis". The defendant used the applicant's trade mark as an adword to redirect to a result advertising the defendant's franchise network of dental clinics, preceded by the applicant's own trade mark. The services offered by the defendant on its website (Vitaldent) to which the…


PHILIP MORRIS engaged in acts of unlawful advertising of the IQOS device and HEETS tobacco falling within Article 18 Unfair Competition Act.

The present case arises out of the lawsuit brought by ALTADIS, S.A. ("ALTADIS") against PHILIP MORRIS SPAIN, S.L. ("PHILIP MORRIS"), exercising the declaratory action for unfairness and the actions for cessation, prohibition of future repetition and rectification provided for in article 32 LCD.


Design invalidity proceedings: Disclosure of prior design and lack of individual character.

Fabryki Mebli "Forte" S.A., the applicant, on 17 September 2013, applied to the EUIPO for the following Community design, which was granted on 21 November 2013.


The television format of “El Rosco” is not protected as intellectual property as neither originality nor authorship has been proven.

The commercial company "MC&F BROADCASTING PRODUCTION AND DISTRIBUTION, C.V.", is a company specialised in the design, production and marketing of television formats, according to the defendant, the creator of the television test known in Spain as "EL ROSCO", which has traditionally been included in the television programme "PASAPALABRA".