Abril Informa

Which court has jurisdiction to hear a dispute between two nationals of the same EU Member State to decide on the ownership of a patent filed in a non-EU country?

On September 8, 2022, the Court of Justice of the European Union issued a ruling (here) in a dispute in which two Swedish companies are vying for ownership of both European patents and patents filed in non-EU Member States (specifically China and the United States), which derived from the designation of the inventor. In this

Domain Names: Whois Disclosure System

It is known that with the implementation of the EU GDRP in 2018, accessing to the whois of domain names became a problem. In the context of the ICANN 75, it was discussed the Whois Disclosure System (WDS) which aims to create a System that, on the one hand, complies with the EU GDPR and

The EU General Court confirms the revocation of Apple’s “THINK DIFFERENT” trademark

The last 8th June 2022, the EU General Court passed a judgement were dismissed an appeal from Apple against the revocation of its EU trademark “THINK DIFFERENT” (joined cases T-26/21 y T-28/21). The proceedings come from October 2016 when Swatch AG filed three applications for the revocation of three “THINK DIFFERENT” EU trademarks from Apple

Legal Notice

This Legal Notice regulates the access, browsing and use of the web page https://www.jacobacci-abril.com/en/ hereinafter “The Web”, whose ownership corresponds to Abril Abogados, S.L.U. (hereinafter, “ABRIL ABOGADOS”), with address in C/ Amador de los Ríos, 1, 1º, 28010 Madrid, CIF B82976309, registered in the Commercial Registry of Madrid, volume 16.541, book 0, Section 8, folder 68, page M-281779, entry 1st.

If you wish to contact with JACOBACCI ABRIL you can do it writing to the address provided above, or, if you prefer, through the contact section of the Web, or by phone (91 702 03 31) and email address jpspain@jacobacci.com.

The access and use of the Web confers to you the condition of User, which implies the acceptance of this Legal Notice in the version published when the same is accessed. If you do not agree with it, you must abstain from accessing the Web or using the services provided in it.

This Legal Notice is governed by the principles of legality and good faith, and the User undertakes to use the Web, as well as the information or services provided, in accordance with the law, moral, good customs and public order. The unauthorized use of the information contained in this Web, its resale, as well as the violation of third party rights, will give rise to the corresponding legal responsibilities.

JACOBACCI ABRIL reserves the right to modify, at any time and without notice, the presentation and configuration of the Web, as well as its Legal Notice.

JACOBACCI ABRIL recommends the User to carefully read this Legal Notice each time that accesses the Web.

JACOBACCI ABRIL is not responsible of the incorrect use of misappropriation of the contents or information published in the Web. The User acknowledges and accepts that all the information and/or contents accessed through the Web is for his/her unique and exclusive personal and non-transferable use. The transfer to third parties of any kind and form of all or part of the information and/or contents to which the User may have access through the Web, is prohibited.

In compliance with the provision of article 21 of the Information Society Law, JACOBACCI ABRIL, will be allowed to send you, by email or through any other similar means, advertising information related to the activity of JACOBACCI ABRIL.

Intellectual and Industrial Property Rights

JACOBACCI ABRIL is the sole and exclusive owner of the intellectual and industrial property rights over the trademarks, images, texts, designs, animations, programming and web design or any other content or element, or, in each scenario, owns the necessary permits or licenses for its use. The User acknowledges and accepts that the access and/or downloading of any content and/or element available through the Web is for his/her personal and non-transferable use. Any act of reproduction, distribution, public communication, making available, or transformation, as well as any other form of exploitation of all or part of such content or elements, carried out in any form or by any mean, shall require the prior written consent of JACOBACCI ABRIL, or in its case, by its owner.

Likewise, all the distinctive signs that appear in this Web are owned by JACOBACCI ABRIL or have the corresponding licenses and/or authorizations and are duly registered, being prohibited its reproduction or distribution by any means, without due, prior and expressed authorization of its owner.

The access and browsing of the Web will not be understood as a waiver, transmission, license or total or partial transfer of the rights indicated above by JACOBACCI ABRIL or, in each case, by the owner of the corresponding rights.

Links

The Web may include hyperlinks to other web pages or resources managed by third parties other than JACOBACCI ABRIL, including advertisers. JACOBACCI ABRIL has not reviewed all the web pages linked to this Web and is not responsible for the content or veracity of these external web pages nor for the availability of these web pages or external resources; and it does not approve and is not responsible, directly or indirectly, for the privacy practices or the content of these websites, including (without limitation) any advertising, product or other materials or services of the web page or available within such websites or resources, nor for any damage, loss or infringement caused or presumably caused for the use, or in connection with the use of dependants of such content, goods or services available in such web pages or resources.

Privacy policy / cookies

To view the privacy policy and the cookies policy you may click here and here.

Liability exemption

JACOBACCI ABRIL has adopted the measures needed to ensure the correct functioning of the Web. Nevertheless, JACOBACCI ABRIL will not be responsible for the unavailability of the Web in a given time, for technical reasons, system maintenance tasks, interferences, interruptions of the Internet service providers or for any other cause or failure that may occur in the access, functioning and operability of the Web, nor for interruptions, suspensions or bad functioning of the same for reasons beyond the control of JACOBACCI ABRIL.

JACOBACCI ABRIL excludes any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Web, to the defrauding of the use that Users may have attributed to the Web, to the reliability of the Web, and, specifically, although not exclusively, to failures in access to the various pages of the Web or to those from which the service is provided.

JACOBACCI ABRIL does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.

JACOBACCI ABRIL excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or files of the Users.

JACOBACCI ABRIL does not warrant that the content of the Web is updated, complete and accurate or that the content is free of defects, errors and/or viruses. Under no circumstances will JACOBACCI ABRIL be responsible for the production of any type of damage that Users or third parties may cause in the Web.

JACOBACCI ABRIL is not responsible for the contents nor for the veracity and/or quality of the information provided by its collaborators, clients and/or users, nor for the effectiveness and/or use made by said collaborators, clients and/or users of the Web and the information contained therein. JACOBACCI ABRIL is not responsible for the contributions, opinions, judgments, comments or contents that its collaborators, clients and/or users may provide through any of the mechanisms made available, such as social networks, which infringe current legislation and/or harm the rights of third parties, nor necessarily share the opinions and contents provided by its collaborators, clients and/or users. The legal responsibility will correspond to the collaborator, client and/or user who commits the infringement.

JACOBACCI ABRIL excludes, with the full exemption permitted by law, any liability for damages of any kind that may be due to the access to the Web by unauthorized persons, to the knowledge that unauthorized third parties may have of the kind, conditions, characteristics and circumstances of the use that Users make of the Web, to the transmission, dissemination, storage, making available, reception, obtaining or access to the contents, and in particular, although not exclusively, for damages that may be due to:

(I) non-compliance with the law, morality and generally accepted good customs or public order because of the transmission, dissemination, storage, making available, reception, obtaining or access to the Web and its contents;

(II) the infringement of intellectual and industrial property rights, of business secrets, of contractual commitments of any kind, of the rights to honour, personal and family privacy and the image of individuals, of property rights and of any other nature belonging to a third party because of the transmission, dissemination, storage, making available, reception, obtaining or access to the Web and its contents;

(III) the performance of acts of unfair competition and unlawful advertising because of the transmission, dissemination, storage, making available, reception, obtaining or access to the Web and its contents;

(IV) the lack of veracity, accuracy, completeness, relevance and/or updating of the Web and its contents;

(V) the inadequacy for any kind of purpose and the defrauding of the expectations generated by the Web and its contents;

(VI) breach, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or in connection with access to the Web and its contents;

(VII) the vices and defects of all kinds of the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Web.

All the information and/or content accessible through the Web is merely informative, and in no case replaces human labour or professional assistance. In no case shall JACOBACCI ABRIL be responsible for the expectations generated in the user derived from the information and/or contents accessible through the Web, excluding any responsibility for damages of any kind that may be due to them.

JACOBACCI ABRIL in the development of its professional activity is subject to the regulations and codes of conduct applicable to the provision of legal services, specifically the General Statute of Spanish Lawyers, the Codes of Ethic of Spanish Lawyers, the statutes and other rules of the Ilustre Colegio de Abogados de Madrid, as well as the Statutes and Code of Colegio Oficial de Agentes de la Propiedad Industrial.

Applicable Law and Jurisdiction

This Legal Notice is governed by Spanish law. The Courts and Tribunals of Madrid shall be competent to hear any dispute or litigation, unless it is provided by applicable law, with the express waiver by the parties to any other jurisdiction.