News
Durán-Corretjer participates in the book "The Digital Revolution".
Our firm has participated in the edition on "The Digital Revolution" recently published by of the famous spanish magazine of the Institute of Economic Studies, with a chapter on the protection through Intellectual Property of products and services in the digital market.
Durán-Corretjer spoke about IP and Brexit at the most important Spanish industry organization (CEOE).
Durán-Corretjer participated in the Seminar organized by the most important Spanish industry organization (CEOE) concerning the new Spanish Patent Act and Brexit, with a presentation concerning the consequences of Brexit in the IP protection systems in Europe, that took place in Madrid on November 23, 2016.
Durán-Corretjer talks about the consequences of Brexit in IP at the Asian Patent Attorneys Association (APAA)
Durán-Corretjer Managing Partner, Luis-Alfonso Durán, was invited to talk about the consequences of Brexit in European IP protection at the 66th Council Meeting of the Asian Patent Attorneys Association (APAA) that took place in Bali from October 8th to 11th, 2016.
New Secretary-Treasurer of the Spanish Group of AIPPI.
We are proud to announce that Mr. Christian Durán, Attorney at Law and Patent and Trade Mark Attorney in our firm, has been elected as new Secretary-Treasurer of the Spanish Group of the International Association for the Protection of Intellectual Property (AIPPI), the most important and influent international association in the area of Intellectual Property that has more than 9.000 members worldwide.
Representation before the Unified Patent Court
Our Managing Partner, Mr. Luis-Alfonso Durán, has successfully completed the course on Patent Litigation in Europe, organised by the International Center for Intellectual Property Studies (CEIPI) of the Strasbourg University.
This course is one of the main ones proposed to be recognised by the Unified Patent Court to entitle European patent attorneys to represent before that Court on litigations concerning European patents and European patents with unitary effect.
English High Court requires to prescribe with the Trade Mark of the pharmaceutical product of the holder of a second medical use Patent.
The English High Court has taken a decision requiring that prescriptions of a pharmaceutical product protected by a second medical use patent be prescribed using the Trade Mark of the Patent holder when said pharmaceutical is prescribed to treat the disease protected by the second medical use Patent. The case concerns a dispute between the companies Warner-Lambert and Actavis in connection with the drug comprising the active ingredient pregabalin. Said drug has three different medical indications. For two of those indications patent protection has already expired. However, for the third one (pain treatment) Warner-Lambert has protection through second medical use Swiss-type claims (EP0934061).
PROBLEM: Most prescriptions made by doctors in the UK refer generically to the active ingredient without specific mention of the specific drug prescribed (Trade Name / Trade Mark). In such cases, the pharmacist usually provides the generic drug, which is cheaper.
This approach collides directly with the situation described above in which a drug has three indications, two of them of public domain and a third one being Patent protected, risking that the generic drug is the one provided by the pharmacist both for the indications that are public domain and the Patent protected indication.
SOLUTION: The judge has forced the NHS (National Health Service) to issue guidelines indicating doctors that in the present case they should proceed as follows:
• If the medical indication to be treated is neuropathic pain, pregabalin should only be prescribed under the Trade Mark name Lyrica® (marketed by the company Warner-Lambert), unless non-advisable due to medical contraindications or special medical needs. In such cases, neither Lyrica® nor pregabalin should prescribed.
• If the medical indication to be treated is not pain, prescription using the generic name pregabalin should continue.
Bill of new Spanish Patent Act.
Our Managing Partner Mr. Luis-Alfonso Durán was invited to appear last March 3, 2015 before the Spanish Parliament to inform about the bill of new Spanish Patent Act that is being under discussion. Mr. Durán was invited to make this report, in his capacity of Chair of the Intellectual Property Committee of CEOE (Spanish Industry Federation).
Protection of Morocco through European Patents
As from March 1, 2015, it will be possible to designate Morocco (MA) as an extension state of European patent applications.
After validation in Morocco a European patent will confer essentially the same protection as patents granted by the EPO for the now 38 member states of the European Patent Organisation.
Recognizing Durán-Corretjer, S.L.P. as leader in filing and prosecution of trademarks in Spain.
Durán-Corretjer, S.L.P. has been cited as leader in filing and prosecution of trademarks in Spain by the magazine World Trademark Review in his analysis of the World’s Leading Trademark Professionals.
The owner of an earlier trade mark may sue the owner of a later registered trade mark without the need to previously invalidate it.
A recent Decision of the Spanish Supreme Court has declared that the owner of an earlier Spanish trade mark which is confusingly similar to a later trade mark, also registered, may sue the owner of the latter, if the trade mark is in use, without the need to previously invalidate said trade mark. This decision is consistent with the criterion that is being applied to community trade marks.
