Despite the delay caused by the lockdown measures we have endured in Spain due to the global pandemic, and with our usual pride, we are pleased to present to our clients, friends, and colleagues the ninth edition of the ELZABURU Yearbook of European Case Law on Industrial and Intellectual Property.

While the Yearbook was being printed, our firm was saddened by the news of the passing of Alberto Elzaburu, its President, who had enthusiastically signed and presented previous editions. We would like to dedicate this edition to him, along with the photo that appears on the cover of this Yearbook.

Our regular readers will also notice that this issue reflects ELZABURU’s new corporate identity, which symbolizes the company’s commitment to adapting to the new demands of a market undergoing constant technological and social change.

This edition of the yearbook brings together 31 commentaries on rulings by the Court of Justice of the European Union, the Spanish Supreme Court, the European Union Trademark Court based in Alicante, and several Provincial Courts. All of this has been made possible thanks to the selfless and enthusiastic collaboration of a large team of professionals at the Firm, to whom we would like to extend our most sincere
thanks.

We hope that those interested in the evolution of the law in the field of industrial and intellectual property in Europe will enjoy this straightforward analysis, which makes no dogmatic claims.

Yearbook in PDF format

Yearbook in e-book format

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Dear readers,

We would like to write a few lines to share with you the unprecedented situation we are experiencing and to convey, as much as possible, a message of hope.

First of all, we hope that all of you and your families are doing well. And to those of you who aren't feeling so well or who have family members or loved ones who are affected, please know that you have our full support and that we are here for you.

Right now, what matters most are the people. The situation is overwhelming all of us; events are unfolding rapidly, and we must be able to face and overcome these challenges together—and above all, by thinking of one another.

Professionally, ELZABURU was prepared for remote work, and we acted quickly to get up and running. This is a good time to learn and adapt to this technological, virtual, and collaborative environment.

That is why the firm is publishing statements on our website and social media with information about the internal measures that have been adopted and the consequences of the declaration of a state of emergency in Spain

• 1st STATEMENT – ELZABURU and the declaration of a state of emergency in Spain – [View]
• 2nd PRESS RELEASE – Procedural Deadlines – Have All Intellectual and Industrial Property Lawsuits in Spain Been Put on Hold? – [View]
• 3rd ANNOUNCEMENT – Mail and Courier Shipments – [View]

We hope you find this information useful,

A big hug to everyone,

The ELZABURU Team

Elzaburu, a firm specializing in the management of intangible assets, has revamped its corporate image. The new identity was designed by the Manuel Estrada studio and symbolizes the company’s commitment to adapting to the new demands of a market undergoing constant technological and social change. Elzaburu’s new brand features a modern typeface alongside a symbol that extends into space to represent the company’s commitment to supporting its clients’ innovation and progress.

Elzaburu, founded 155 years ago, was the first firm in Spain to specialize in intellectual and industrial property. The company’s history includes such important milestones as the patents for inventions created by Thomas Edison, Alexander Graham Bell, and Juan De la Cierva—the inventor of the autogyro—as well as the registration and protection of some of the most prominent trademarks of multinational companies around the world.

The firm protects and defends the intellectual and industrial property interests of 30% of the companies on the IBEX, as well as 36% of the leading Fortune 500 companies. Recently, a group of attorneys from Elzaburu was selected to advise the Chinese government on matters related to industrial property; the firm maintains its own office in China.

Over the years, Elzaburu has evolved from its initial focus on patent and trademark registration into a firm specializing in the protection and promotion of all types of creations and intangible assets across all sectors of economic activity, particularly in new technologies, e-commerce, entertainment, cybersecurity, data protection, domain names, trade secrets, and more.

Today, the firm has 165 employees—including attorneys and experts in various fields—who handle the legal defense of more than 70,000 active cases for over 3,000 clients worldwide.

In this new year, 2020, China is launching a center called the Chinese Overseas Intellectual Property Dispute Center, through which it seeks to bring together professionals from different countries who are experts in intellectual property to serve as guides on matters related to this field. The center was established by the China National Intellectual Property Administration (CNIPA), which is the world’s largest intellectual property office with a staff of more than 20,000 people.

The 75 experts who are already part of this center were selected through a global, merit-based open competition. Of the 35 foreign professionals who will participate in this initiative, 6 are Spanish, and of those, 3 are attorneys at ELZABURU: Manuel Desantes, Enrique Armijo Chávarri, and Colm Ahern.

The CNIPA’s goal with this initiative is to provide guidance in resolving potential conflicts related to intellectual property. On the one hand, to safeguard its rights abroad and, on the other, to better understand the intellectual property systems and regulations of foreign jurisdictions.

As Manuel Desantes explains in an interview with Confilegal, the most significant challenge faced by Chinese companies seeking to expand internationally is a lack of familiarity with the legal systems of different countries; therefore, this advice will be essential for clearing up doubts and, in turn, preventing future conflicts. Furthermore, thanks to the collaboration of these experts, China will be better able to defend itself in the event that a foreign company infringes on its intellectual property rights.

By creating new channels for gathering and disseminating information on intellectual property disputes abroad, the center will seek to establish a guidance and coordination mechanism to manage disputes in this area involving Chinese companies.

Since China is the world's leading power in intellectual property, this project is expected to serve as a model for other countries in avoiding conflicts and litigation, thereby improving both legal certainty and international trade relations, Desantes concludes.

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