September 1 marks the 20th anniversary of the launch of the European Union Trademark and Design Court, based in Alicante.
At ELZABURU, we have been closely involved in the launch of this judicial body, where we have been active from the very beginning. For this reason, we will be celebrating its anniversary throughout the month of September with a series of articles that will allow us to look back on 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 simply a matter ofage?Should we heed the famous tango and think thattwenty years are nothing?
Two decades have passed since the launch, on September 1, 2004, of the European Union Trademark and Design Court and the court of the same name within the Provincial Court of Alicante. To say the least, during that time the new judicial body has not only grown (in scope and number of cases) but has alsoexpanded(in the number of courts) and is now in more than reasonable shape (thanks to the prestige earned through its rulings).
It’s not all sunshine and roses, of course. In any journey, it’s impossible to avoidthe occasionalshadow. But overall, as we’ll try to highlight, we’re dealing with a newly established jurisdiction that has achieved a remarkable level of specialization and represents a very viable 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 made by the Spanish authorities at the time to establish a single court, based in Alicante, to hear cases arising from Regulation 40/94 on the Community trademark. It was not the only option the new regulation offered to Member States, but concentrating these cases in Alicante was consistent with the location of the then Office for Harmonization in the Internal Market (OHIM) in that city and ensured faster and more effective specialization.
The startingpointwas none other than the 2003 insolvency reform, with the amendment of Articles 86 bis cuatri and 82.4 of the Organic Law on the Judiciary by Organic Law 8/2003; but thegoalwas achieved with Royal Decree 1649/2004, dated July 9. This was the regulation that designated Commercial Court No. 1 of Alicante to serve as the Community Trademark Court and did the same for the appellate level with the Eighth Section of the Provincial Court of Alicante.
Rafael Fuentes Devesa and Enrique García Chamón: Pioneering Judges of the Court
Those who tookup the causeof establishing a new jurisdiction at that time were Mr. Rafael Fuentes Devesa, who was in charge of Commercial Court No. 1, and Mr. Enrique García Chamón, president of the Eighth Division.
Both judges, who still share a courtroom, have left an indelible mark on the development of this judicial body.
The International Reach of the Alicante Trademark Court
However, this court’s decision was nonetheless a risky one. The Community trademark system (a newly created title with a single registration and effects throughout the European Union) had come into effect with the first applications in 1996, and judicial involvement was key to assessing the impact of this new instrument.
Not surprisingly, depending on the chosen jurisdiction criterion, the system provides for a Spanish court to extend its jurisdiction to the entire European Union, since its judgments are enforceable in all other countries.
The truth is that, in a short time, the court inspired such confidence that there was a clearshiftin trademark litigation toward Alicante.
But he still had a long way to go… We’ll save the rest of his story for the next installment.
Enrique Armijo, Partner in the Litigation Practice Group at ELZABURU