Alberto Malo García

Spanish Judges have adopted measures to “standardize” the judicial response to a plurality of repeated cases, even if this is detrimental to the judgment and individualized assessment of each claim. Until recently, the appeal to mass #litigation as a special context whose efficient resolution requires an equal solution for a plurality of similar matters was concentrated in banking/financial and honor protection matters, but recently the Spanish Supreme #Court has extended this treatment to claims for #damages caused by the #truck cartel. Francisco Marcos reviews the claims and look towards the future! Read the full article for free on the Kluwer Competition Law Blog!

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🇪🇸 If you are an IP attorney from outside of Spain and you are planning to file (or entrust somebody to file) a TM in Spain before the Spanish PTO (OEPM ES), I would personally recommend to take into account the following key points:   1. It is mandatory to appoint a Spanish IP attorney ("Agente de la Propiedad Industrial") as a representative in the file if the applicant is not established in the EU.   2. The Spanish PTO acts ex officio regarding absolute grounds (lack of distinctiveness, descriptiveness, mark being deceptive, etc.). This is highly advisable to be previously checked by a Spanish IP attorney in order to avoid refusals. 3. The Spanish PTO does not act ex officio regarding relative grounds. This means that even if there is an identical prior TM, the application will be granted if the owner of the prior TM doesn't file an opposition. Hiring a full search report and a watching service of a local firm is highly advisable. 4. A granted TM can be declared invalid later on if somebody files an invalidation action. This action is not judicial and is filed before the Spanish PTO. The invalidation process can be quite fast (around 6-9 months). Don't file a mark hoping that the owner of a similar prior TM won't notice it, because the grant doesn't mean that problems won't come up in the future. 5. TMs in Spain are meant to be used. Any TM file can be totally or partially cancelled (again, before the Spanish PTO) after 5 years since registration if it hasn't been effectively used in Spain. Don't file the TM for goods/services you are not planning to use in a short or mid term. 6. Always stick to the official classification of goods and services. CLINMAR (https://lnkd.in/d8PJ2xBF) is a good option here. 7. If the mark is figurative with word elements, always match the word elements in the official form with the exact word elements that appear in the logo. This will avoid provisional refusals later on. 8. The process up to grant currently takes about 8 months if it goes smooth. If an opposition is received, it can easily take up to 18 months. If you find this information helpful or interesting, please do not hesitate to comment, ask and/or share! #IP #trademarks

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📢 Important DMA updates to kick off the week! Today, the European Commission designated #Booking as a #gatekeeper for its online intermediation service Booking.com. 💡 Based on Booking's #selfassessment from 1 March 2024, confirming that it meets the relevant DMA thresholds, the Commission has affirmed that this #coreplatformservice constitutes an important gateway between businesses and consumers. 📅  Booking has 6 months to submit a detailed #compliancereport outlining its adherence to each #DMAobligation. However, some obligations, such as reporting intended #concentration to the Commission, are effective immediately. ❌ In other news, the Commission opted not to designate online #advertisingservices X's Ads and ByteDance’s TikTok Ads under the DMA. Although they meet the quantitative designation thresholds, they do not qualify as important gateways for the respective online advertising services. 🔍 In parallel, the Commission opened a #marketinvestigation to assess X’s rebuttal regarding its online #socialnetworking service. The investigation should be finalised within 5 months. #DMA #Booking #designation #gatekeeper #digitalplatforms #digitalnews

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Fieldfisher has hired Victor Moran as new Tech&Data partner in the Madrid office. The lawyer, who comes from BDO, where he was head of the Data Protection, Digital Law and New Technologies Department, joins the firm, which currently includes the partner, Carlos Perez Sanz, located in Barcelona. For his part, Jordi Ruiz de Villa Jubany, Managing Partner of Fieldfisher in Spain explains that “The technology companies sector and the Tech&Data practice is not only strong in all Fieldfisher offices (including Spain) but it is an area in which we foresee a great growth. The incorporation of Victor not only brings more talent, but will allow us to have a team with more capacity to tackle large projects that we are increasingly requested by large corporations.” And he adds “Since July 2023, when reviewing the strategic plan, we proposed to incorporate 12 new partners until the end of 2025, we have already integrated 7 partners, of which five in Madrid (Eduardo Gomez, Victor Casarrubios, Pedro Claros, Javier Cuairán and Víctor Morán) and two in Barcelona (Adriana Lafuente Roig and Pablo Vinageras), so we are very satisfied.” Read the full article >> https://lnkd.in/dX8R7cGQ #IberianLawyer

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The European AI regulation and the new requirements of the Spanish Data Protection Agency open up a scenario of uncertainty for companies in a sector in turmoil. Biometric techniques, which identify individuals through intrinsic physical traits such as fingerprints, face, or voice, have been widely used across various sectors to enhance security and user experience. However, they face new challenges as their use is scrutinised to prevent potential unintended consequences. In Europe, the recent AI regulation categorizes these systems based on risk and establishes associated restrictions, making Europe the first region with such comprehensive regulation on these solutions. This agreement will mark a milestone in the biometrics business. Additionally, in Spain, the Spanish Data Protection Agency (AEPD) published a guide last November 2023 that toughens criteria for the use of biometrics in access control, considering this treatment as high risk. Image: Alejandro Negro Sala, partner at Cuatrecasas and Assumpta Zorraquino, responsible partner for Digital Regulation in the NewLaw department of PwC Tax & Legal. Read the full article >> https://lnkd.in/dDw5EnCY #IberianLawyer #AI #biometrics

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IMPORTANT UPDATE: Fourth District Appellate Court Ruling on Desbrunes Case We are pleased to share a significant development in the Desbrunes case. Our very own Adam Diaz spear headed the amicus brief, which assisted in a favorable ruling for US Bank. The court has granted the motion for rehearing, withdrawing their prior opinion, and issuing a new decision in its place. The appellant challenged the final judgment of foreclosure, contending the trial court erred in various aspects of the proceedings. This updated appellate ruling provides important legal insights and precedents that will impact similar cases moving forward. Our team is thrilled with this outcome and the opportunity to further strengthen our clients' positions in complex foreclosure matters. For industry professionals and potential clients interested in learning more, please find the attached court opinion. We welcome any questions or discussions around the implications of this case. https://lnkd.in/gskxwZW7 #LegalUpdate #Foreclosure #AppellateCourt #DesbrunesCase

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🖋 A new comment from Alba Ribera Martínez and myself on the competing European values in the AI Act! 🇪🇺 Europe has been a frontrunner in the regulation of artificial intelligence on a global scale. The adoption of the Artificial Intelligence Act marks an important step in European AI policy. Regulation is often implemented with the intention of protecting fundamental rights and achieving public interest goals including consumer protection, and fair market practices stability, and the AI Act is not an exception to this rule. 🤔 However, this ambitious approach based on "European values" faces skepticism, particularly regarding the limited scope of fundamental rights in this regulation. Despite emphasising the role of European constitutional values and introducing fundamental rights impact assessments, the AI Act is far behind other legislation such as the Digital Services Act or the General Data Protection Regulation when it comes to provide safeguards and remedies to individuals. In parallel, the notion of "European values" is not easily streamlined across all pieces of regulation falling within the scope of the EU's digital strategy. 🤖 This limited focus on fundamental rights could not therefore counterbalance the consequences for competition as another critical pillar of the EU system. The main issue is not related to regulating innovation (which is very welcomed). Instead, it mainly spans to the creation of legal barriers to market entry and reinforcing market consolidation via feedback loops building upon the vast processing of personal data. 🔵 We hint at the idea that this goal to protect fundamental rights without proper procedures and safeguards, including access to remedies, could consolidate areas of market and political power that could impact constitutional democracies, and, therefore, European values. #AI #Regulation #Competition #AIAct #DigitalConstitutionalism #EuropeanValues

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🤝 International law firm Fieldfisher has joined Tech Barcelona as a Corporate Partner to bring its expertise in all legal areas closer to the tech and digital ecosystem of Barcelona. With over 1,800 lawyers and  26 offices in Europe, China, and the United States, the firm has a significant global presence that enables them to offer legal advice worldwide. Specifically, the Tech & Data area collaborates closely with key offices, such as Silicon Valley, works with other tech hubs, and has an international advisory network that provides landing services for companies looking to establish themselves in Spain for the first time through #Barcelona. 🗣 Carlos Perez Sanz, Attorney, Partner and Head of TMT at Fieldfisher Spain: "the objective of this agreement is to become the legal partner of technology companies that need legal advice both nationally and internationally, in any practice area and anywhere in the world. Additionally, we want to serve as a bridge between our contacts and the tech hubs that can attract companies interested in setting up in Barcelona." 🗣 Miquel Marti, CEO of Tech Barcelona, "Fieldfisher's incorporation reflects the shared commitment to promoting a favourable environment, also in legal terms, for the growth of startups and corporations, both local and international, thus consolidating Barcelona's position as a key centre for technological innovation." #TBPartner

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Thanks Luis. This shows exactly why the many flaws of the Opinion are problematic: they *are* having an impact on DPAs' practices. More about those flaws: https://lnkd.in/enEGy9Ad We will discuss some of that (among many other topics) during tomorrow's (free) 2h webinar on Adtech & Metrics. Register now! https://lnkd.in/eWfBq8Tn Edit: see EN machine translation with changes highlighted here: https://lnkd.in/e4bYxW9Q #GDPR #dataprotection #privacy

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MADRID SYSTEM FOR INTERNATIONAL REGISTRATION OF MARKS: The Madrid system provides one single procedure for the registration of trademarks in several countries. It is governed by two treaties, ‘the Madrid Agreement concerning the international registration of marks’ (briefly known as Madrid Agreement) and the ‘Protocol relating to the Madrid Agreement’ (briefly known as Madrid Protocol). These treaties are administered by the International Bureau (IB) of the World Intellectual Property Organisation (WIPO) in Geneva, Switzerland. BACKGROUND OF INDIA’S ACCESSION TO THE MADRID PROTOCOL: • On February 08, 2007, the Union Cabinet gave its approval to the India’s accession to the Madrid Protocol concerning the International Registration of Marks. • On September 21, 2010, the Trade Marks Act, 1999 was amended, wherein ‘Special provisions relating to protection of trademarks through international registration under the Madrid Protocol’ was inserted in the Act. • The Trade Marks (Amendment) Rules, 2013 was published in the Gazette on January 14, 2013 to bring it in force. • The provisions of the Madrid Protocol came into force in India since July 08, 2013. The process of international registration of marks under the Madrid System (more particularly under the Madrid Protocol) is described as follows:

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Leaders League latest rankings for Spain are out now! In this research, our editors covered 8 practice areas in the country, which are now live in leadersleague.com in 5 languages. The latest rankings include: Spain Best Law Firms for Copyrights Spain Best Law Firms for Data Protection & Cybersecurity Spain Best Law Firms for Life Sciences Spain Best Law Firms for Patent Litigation Spain Best Law Firms for Technology Spain Best Law Firms for Trademark Litigation Spain Best Law Firms & IP Firms for Patent Prosecution Spain Best Law Firms & IP Firms for Trademark Prosecution Congratulations to all firms ranked! Access the full rankings in the link below: https://lnkd.in/d3n5jpYG If you have any queries on the rankings, profiles or how to participate in our research, contact us at spain@leadersleague.com and our team will be ready to help you. #rankings #espana #abogados #intellectualproperty #tecnologia

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New from CIPL: Spanish translation of our Ten Recommendations for Global AI Regulation paper. AI continues to generate wide and growing societal benefits, while the rapid rollout and adoption of new applications have intensified longstanding concerns and raised new questions related to privacy and data protection, transparency and explainability, human rights, intellectual property, security, bias, workforce impacts, generation and dissemination of misinformation and disinformation; and other societal effects. We are excited to publish a Spanish version of a paper that draws on our experience and extensive engagement with private sector leaders developing and deploying AI technologies, policymakers, and regulators, offering ten recommendations to guide AI policymaking and regulation to enable accountable, responsible, and trustworthy AI. Download the full translated paper here: https://lnkd.in/ewsjaugD #AI #artificialintelligence #InteligênciaArtificial #IA

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The Spanish AEPD updated its cookie guidance to take into account the EDPB's "Consent or Pay" Opinion 08/2024 - changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached; pages 33 & 34 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they *are* having an impact on DPAs' practices. More about those flaws: https://lnkd.in/enEGy9Ad We will discuss some of that (among many other topics) during tomorrow's (free) 2h webinar on Adtech & Metrics. Register now! https://lnkd.in/eWfBq8Tn [Thanks Luis for the heads-up] #cookies #gdpr #dataprotection #ePrivacy

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In a recent Madrid event organized by Circulo Legal and the In Law Alliance of Lawfirms, legal experts highlighted the critical need for enhanced control mechanisms and effective compliance plans to combat corruption. “During the eurozone crisis, many Spanish companies, inexperienced in international markets, entered emerging economies where corruption was rampant, especially in securing public contracts,” noted Diego Cabezuela Sancho, senior partner at Círculo Legal and president of In Law Alliance of Lawfirms. Alejandro Luzón, head of the Anti-Corruption Prosecutor’s Office, emphasized the OECD’s crucial role in monitoring corporate compliance programs to combat international bribery. “Understanding the pathway of international bribery is essential to tackling it,” Luzón stated. Teresa Mínguez of the Madrid Bar Association stressed the need for new control mechanisms, noting that corruption reflects a country’s ethics and impacts globally. Félix García-Giralda of ICEX Alumni reminded companies of the importance of understanding different jurisdictions’ regulations to avoid legal pitfalls in international markets. During the event’s first roundtable, Felipe García Hernández of Círculo Legal highlighted the importance of the compliance officer’s independence. Néstor Aparicio of the World Compliance Association argued that the CEO should lead compliance efforts to ensure authority is maintained regardless of company performance. A second roundtable discussed international bribery risks, featuring experts from Ferrovial, CEPSA, and In Law Alliance. They stressed that corruption arises from factors like money and greed, not specific sectors or countries. Cristina Fabre Chicano of CEPSA emphasized the need for a continuous and genuine compliance culture. Francisco Santillán, vice president of In Law Alliance, concluded by asserting that efforts to combat corruption must be genuine and widespread, avoiding any tolerance or complicity in corrupt practices. Read the full article >> https://lnkd.in/dwpC8Uzi #IberianLawyer #event

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🌐𝐓𝐡𝐞 𝐩𝐫𝐨𝐠𝐫𝐚𝐦 𝐨𝐟 𝐨𝐮𝐫 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐨𝐧𝐠𝐫𝐞𝐬𝐬 ❞𝐓𝐨𝐰𝐚𝐫𝐝𝐬 𝐚 𝐑𝐞𝐬𝐩𝐨𝐧𝐬𝐢𝐛𝐥𝐞 𝐃𝐞𝐯𝐞𝐥𝐨𝐩𝐦𝐞𝐧𝐭 𝐨𝐟 𝐭𝐡𝐞 𝐌𝐞𝐭𝐚𝐯𝐞𝐫𝐬𝐞❞ 𝐢𝐬 𝐟𝐢𝐧𝐚𝐥𝐥𝐲 𝐨𝐮𝐭! Join us in Alicante, on June 13th and 14th, to enjoy and discuss legal issues of the Metaverse. A fantastic group of transversal experts will gather to debate about hot topics of virtual worlds, ranging from intellectual property to privacy and data protection aspects, governance, ubiquity and competition in the Metaverse, and many more. All of it in the unparalleled scenario of our Mediterranean city. Check out our draft program here: https://bit.ly/3UIBbLB If you want to attend, you can register in the following link: https://bit.ly/3Qsjs8w Spread the word! #MetaverseUACongress

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🤔 “Can you represent me in court?” Our main goal is to provide: ✅ The right guidance to legal resources. 📑 Assistance in our #community with #legaldocs. 🇪🇸 Easy communication as we are both English & Spanish speakers. 🔬 Supporting you with #legalresearch. Lawreign Legal Consultancy is a platform focusing on support & help with #nonlitigation matters rather than court representation. #legalconsultation #FAQ #LinkedIn #Newclientswelcome #SMB #legalservices

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