INDUSTRIAL PROPERTY LAWS IN SPAIN. NEW PARADIGM 

Did you know that there is an Industrial Property reform being prepared right now in Spain?

It is foreseen that this law will benefit the whole Industrial Property spectrum in Spain, since it includes changes in trademark law, designs, patents and utility models, it is expected to come into force in 2022.

In trademark matters we highlight the combat to fraud, by proposing to omit the applicant’s address in the Official Gazette’s publication. The main goal here is to protect the privacy of the applicant, and with that to avoid them receiving false payment requirements by third parties, which is a usual practice. 

There is also a proposal to regulate in a deeper manner the conversion of European Union Trademarks and International Trademarks into Spanish trademarks. 

Regarding cancellations actions, the competence to determine the damages now changes from the OEPM (Spanish Patent and Trademark Office) to the Courts.

There is a rise in official fees in oppositions, given the complexity of the procedure now that it is required to demonstrate use of the trademarks in the process.

About designs, patents, and utility models, it is noteworthy the possibility to request evidence of use of trademarks that could be basis for oppositions to a design application; there are modifications expected regarding deadlines; the possibility that a patent application be divided into a utility model and the extension for utility model applications to contemplate pharmaceutical compositions and substances.

The figure of a derived utility model is expected to be introduced. This new legal figure will allow applicants to have a derived utility model granted in order to exercise their rights with third parties. 

Those interested in obtaining more information can contact Citlali Carlos in the email citlali.carlos@vila.com.mx.

Article by: 

Citlali Carlos

Citlali.carlos@vila.com.mx

Edition:

Pablo Bañuelos

Pablo.Banuelos@vila.com.mx