This September 1st marks 20 years since the Court of Partner Brands y Designs of the European Union, based in Alicante.
At ELZABURU, we have been closely involved in the launch of this jurisdictional body, where we have been active since the first minute. For this reason, we will celebrate its Anniversary throughout the month of September with a series of articles that will allow us to recall its development, achievements and the challenges it currently faces.
We invite you to join us on this journey.
The origin and evolution of the Court
How do you measure the maturity of a court? Is it a simple question of age? Should we pay attention to the famous tango and think that twenty years are nothing?
Two decades have passed since the launch of the European Union Trademark and Designs Court and the eponymous Court in the Alicante Provincial Court on 1 September 2004. The least that can be said is that in that time the new jurisdictional body has not only grown (in scope and number of cases) but has also expanded. reproduced (in number of courts) and is today in a more than reasonable state of health (due to the prestige gained by its rulings).
Not everything is lights, of course. On any path it is impossible to avoid some or other shadow. But overall, as we will try to highlight, we are faced with a newly created jurisdiction that has acquired a notable specialization and that represents a not inconsiderable option for industry and business when it comes to litigation.
Specialization as the key to the success of the Trademark and Design Court in Alicante
Much of the success of this unique jurisdiction is due to the decision taken by the Spanish authorities at the time to opt for the creation of a single jurisdictional body, based in Alicante, to hear actions arising from Regulation 40/94 on the Community trademark. It was not the only possibility that the new instrument offered to the States, but the concentration of these lawsuits in Alicante was consistent with the location of the then Office for Harmonization in the Internal Market (OHIM) in that city and constituted a guarantee for faster and more effective specialization.
El gunshot The exit was none other than the bankruptcy reform of 2003, with the modification of articles 86 bis quadri and 82.4 of the Organic Law of the Judiciary by LO 8/2003; but the arches It was achieved with Royal Decree 1649/2004, of July 9. This was the rule that agreed to attribute to the Commercial Court number 1 of Alicante the functions of the Court of Community Trademarks and that did the same regarding the second instance with the Eighth Section of the Provincial Court of Alicante.
Rafael Fuentes Devesa and Enrique García Chamón: pioneering judges of the Court
Those who took at that time the witness The decision makers for a new jurisdiction were Mr. Rafael Fuentes Devesa, who was in charge of the First Commercial Court, and Mr. Enrique García Chamón, president of the Eighth Section.
Both judges, who still share a courtroom, left an indelible mark on the development of this judicial body.
The international projection of the Alicante Trademark Court
However, the Court's gamble was not without risk. The Community trademark system (a newly created title with a single registration and effects throughout the European Union) had come into force with the first applications in 1996 and judicial involvement was key to assessing the scope of the new instrument.
Not in vain, the system contemplates, depending on the criterion of competence chosen, that a Spanish court extends its jurisdiction to the entire European Union since its rulings are effective in the rest of the countries.
The truth is that in a short time the court inspired so much confidence that a clear response could be observed. migration of trademark litigation towards Alicante.
But there was still a long way to go… We will leave its subsequent evolution for the next installment.
Enrique Armijo, Partner of Litigation Department by ELZABURU
