After reviewing the achievements and evolution of the Court of Partner Brands y Designs of the European Union, in this fourth and final installment on the occasion of its 20th anniversary, we will reflect on the challenges faced by this judicial body in the current context.
With the United Kingdom's exit from the European Union, the Alicante court is in a key position to take on an even more relevant role in international litigation. We will analyse the opportunities and challenges brought by Brexit and how the court can strengthen its role in the future.
Brexit: an opportunity for the Alicante Court?
Who could have imagined that the United Kingdom's exit from the European Union could have as a side effect a strengthening of the Protagonism of the Spanish court in international litigation regarding trademarks. But this is, or could be, if certain key factors are considered in this context.
The starting point is that the Trademark and Design Court of the European Union of Alicante, since the headquarters of the EUIPO is located in this city, has residual jurisdiction to hear infringement actions brought between subjects who do not have a domicile in Europe.
This jurisdiction makes Alicante a potentially central forum for the resolution of international disputes regarding industrial property, especially in the post-Brexit environment.
The need to consolidate leadership
The United Kingdom, as one of the leading countries in terms of number of applications for EU trade marks and a major player in international trade, is now facing a significant change in its participation in the EU trade mark system.
With the EU's exit, legal actions brought by British owners against companies based outside the EU, as well as those brought by the latter against British companies, could begin to migrate to Alicante.
Of course, this prominence is not automatic and must be earned. The more or less elastic concept of doffice The European Court of Justice's new development may or may not encourage the flight from litigation to other jurisdictions. But this would not be the case if the Spanish court were to establish itself as a European reference in the matter.
On the contrary, in addition to this residual forum there are certain possibilities of shopping forum in EU trademarks that could give rise to a attractive look towards Spain from the litigation.
In this sense, the young court of Alicante faces a challenge and a historic opportunity to reaffirm its position in the European judicial panorama.
Challenges and projections of the EU Trademark and Design Court
It must be said, to start with the most circumstantial, A new City of Justice is under construction in Alicante. Given the international dimension of the lawsuits, it is legitimate to claim that the new building to be inaugurated (in 2025?) for the European Union Trademark and Designs Court (the common courtroom that the three existing courts could have) should offer the best possible image of our country.
But an emblematic environment is not enough. the staging of the Court. It is also necessary to reinforce the unification of doctrine of the three courts, always under the umbrella of the Eighth Section of the Provincial Court, by means of formulas such as the one already mentioned of a certain action collegiate. There is no room for procedural prejudice when the prestige of Spanish institutions in the world is at stake.
Until then, it will be necessary to end this commemorative series as it was started: with a warm congratulations to the court for its twenty years. If the song stops Twenty years is nothingFor the European Union Trademark and Design Court, these have been years of construction, specialization and consolidation.
As lawyers, we can only express our gratitude for their work, hoping that it will continue to be a pillar in the defence of industrial property rights in Europe.
Carlos Moran, Partner of Litigation Department by ELZABURU
