Search for: "Miquel Montañá"
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12 Jul 2017, 10:14 am
Miquel Montañ;áWhen this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word “Spanish” before “Supreme Court”, and the blog was written in English, the reader had been misled; he initially thought that the judgment discussed had been issued by the U.S. [read post]
12 Jul 2017, 10:14 am
Miquel Montañ;áWhen this author published his blog of 27 June 2017, a reader kindly sent in a comment pointing out that as this author had not inserted the word “Spanish” before “Supreme Court”, and the blog was written in English, the reader had been misled; he initially thought that the judgment discussed had been issued by the U.S. [read post]
11 Jul 2017, 9:42 am
Miquel Montañ;áOne of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was “the publication of the judgment finding against the infringer of the patent, at this party’s expense, through announcements and notifications to the interested persons. [read post]
11 Jul 2017, 9:42 am
Miquel Montañ;áOne of the remedies established in case of patent infringement in the Spanish Patents Act that was in force until 31 March 2017 was “the publication of the judgment finding against the infringer of the patent, at this party’s expense, through announcements and notifications to the interested persons. [read post]
4 Jul 2017, 11:13 am
Miquel Montañ;á and Miquel Montañ;áIn relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the essential elements that form the product which is the… [read post]
4 Jul 2017, 11:13 am
Miquel Montañ;á and Miquel Montañ;áIn relation to a patent that protected the interaction of a key and a cylinder in order to constitute a security locking system, the Barcelona Court of Appeal (Section 15) handed down a Judgment on 14 July 2016 in which it declared that the Defendant had directly infringed this patent by reproducing one of the essential elements that form the product which is the… [read post]
27 Jun 2017, 4:06 am
Miquel Montañ;áNo doubt, one of the patentability requirements which is more difficult to examine is inventive step. [read post]
12 Jun 2017, 8:00 am
Miquel Montañ;áAlthough the title of this blog will sound trite to many friends accustomed to arguing patent cases before the European Patent Office, it does not sound so trite when read against the background of Spanish case law. [read post]
29 May 2017, 10:26 am
Miquel Montañ;áOne of the difficulties that patent owners sometimes encounter when they are planning to apply for a preliminary injunction is the dearth of evidence. [read post]
19 May 2017, 1:13 am
Miquel Montañ;áOn 24 November 2016, the Court of Appeal of Barcelona (Section 15) handed down a judgment in which it confirmed that “the interpretation of the scope of protection of a patent for the purposes of analysing its validity cannot be different from when its infringement is analysed”. [read post]
15 May 2017, 10:09 am
Miquel Montañ;áMost readers will be aware of the so-called “all elements” test, whereby patent infringement is normally discarded unless the allegedly infringing device or process reproduces each and every element of the claim. [read post]
28 Apr 2017, 9:56 am
Miquel Montañ;áIn the past decade, a new character of the patent theatre has made inroads into the case law of some EU Member States, “imported” from the so-called “EPO case law”. [read post]
3 Apr 2017, 10:02 am
Miquel Montañ;áLast Saturday (1 April 2017) the Spanish Official Gazette (“Boletín Oficial del Estado”) published Royal Decree 316/2017, dated 31 March, containing the Implementing Regulations of the Patents Act 24/2015, of 24 July. [read post]
6 Mar 2017, 8:19 am
Miquel Montañ;áOne of the objectives of the new Patents Act that is to come into force on 1 April 2017 is to prompt a higher level of specialization of Judges dealing with patent cases. [read post]
21 Feb 2017, 1:11 am
Miquel Montañ;áClifford ChanceThe new Spanish Patent Act, which will come into force on 1 April 2017, will introduce a modernised “utility model” that is expected to become the natural alternative for “non-examined” patents, which the new law has put at bay. [read post]
6 Feb 2017, 9:28 am
Miquel Montañ;áClifford ChanceOn 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as “the Enforcement Directive”) does not prevent a national regulation from stating that when an intellectual property right (“IPR”) has been infringed, the IPR owner may claim an amount corresponding to twice the remuneration amount that the third… [read post]
9 Jan 2017, 2:09 am
Miquel Montañ;áClifford ChanceThe Mobile World Congress (“MWC”) is one of the largest trade events taking place in Barcelona. [read post]
25 Dec 2016, 1:33 am
Miquel Montañ;áClifford ChanceAccording to the Spanish Patents Act, as a general rule, non-exclusive licensees do not have locus standi. [read post]
12 Dec 2016, 5:25 am
Miquel Montañ;áClifford ChanceAs readers may know from previous blogs, a new Patents Act (“Law 24/2015, of 24 July, of Patents”) is due to come into force in Spain on 1 April 2017. [read post]
28 Nov 2016, 2:45 am
Miquel Montañ;áClifford ChanceTomatito (“little tomato”) is the nickname of a very popular Spanish flamenco guitar player, who began his career with mythical singers of flamenco such as Camarón de la Isla (“prawn from the island”) and who has played around the world accompanying other singers with more mundane names such as Frank Sinatra or Elton John. [read post]
