How to face cybersquatting

The problem The World Intellectual Property Organisation detected that there was an increase in Internet crime during the COVID-19 pandemic caused by the greater number of cybersquatting cases. The practice of registering a name as a domain name that is the same as a...

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Reformulation of the objective technical problem and plausibility in a patent case in Spain (cinacalcet case)

In this commentary we will refer to the Judgment of the Barcelona Provincial Court (15th Section) 1610/2021 of 27 July (ECLI:ES:APB:2021:8276). We do not intend to provide a critical commentary on the Judgment, but simply to refer to some aspects that we have considered to be of interest in patent matters and, in particular, to the legal analysis of the plausibility of a technical effect on which the inventive step of patent EP 1 203 761 (EP’761) was based. This was the CCP’s basic patent on the product cinacalcet.

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On 25 March 2021 I took part in the Matinal IP & Competencia conference that is held once a month by the Competition and Industrial Property Law Section of the Barcelona Bar Association; this one was called “Legal problems related to the Agreement on a Unified...

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The confidentiality of the information contained in the administrative file of a fixed-dose combination medicinal product and the need for an opinion on relevance in order to lift such level of protection

In some recent and interesting proceedings, a Central Contentious Administrative Court in Madrid refused to provide further information contained in the administrative files of two pharmaceutical companies (codefendants) and hence the confidential...

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EVERGREENING STRATEGIES IN THE PHARMACEUTICAL SECTOR: SPANISH COURTS REJECT THE CLAIM OF BREACH OF THE RULES ON DATA AND MARKETING EXCLUSIVITY AS AN ACT OF UNFAIR COMPETITION

BY MIGUEL VIDAL-QUADRAS AND RITA REYES In an Order dated 9 December 2019, the Commercial Court No. 7 of Barcelona rejected the preliminary injunctions requested at the end of November 2019 by the originators of a medicinal product in an attempt to prevent...

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NEW, BUT KNOWN, ASSOCIATE / VQR

We are pleased to inform you that, since September this year, our colleague Rita Reyes has joined the firm Vidal-Quadras & Ramon as an associate lawyer. Rita had already worked with the lawyers Luis Torrents, Miguel Vidal-Quadras and Oriol...

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Information about Cookies

It could be useful to review the disclaimer that those responsible for websites show on their home pages to provide information about the use of cookies to Internet users, as a result of the recent judgement of the Court of Justice of the European Union...

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Probatio Diabolica

Lawyers often use this expression, when a situation where it is virtually impossible to prove a fact or intention need to be faced. However, this does not constitute an impediment to defence, as our legal system provides mechanisms for solving this...

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Important judgement ruled on added subject-matter, obviousness and the possibility of amending a patent in the patent office during the revocation proceedings. The Court of Appeal of Barcelona confirms the invalidity of the patent related to capsule materials that contain tiotropium

Spain / May 2019 By virtue of a Judgement dated 29 March 2019, the Court of Appeal of Barcelona upheld the Judgement of 20 February 2017 ruled by the Commercial Court No. 1 of Barcelona that revoked the Spanish part of European patent EP 1 379 220...

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VIDAL-QUADRAS & RAMON. NEW IP LAW FIRM

We are pleased and excited to inform you about the newly created law firm, VIDAL-QUADRAS & RAMON, specialised in industrial and intellectual property, antitrust and unfair competition law, along with other matters related thereto.The law firm was founded due to...

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