To mark the 20th anniversary of the EU Trademark and Design Court,
Last week, we examined the evolution of this court. To continue this commemorative series, this week we will take a closer look at the achievements made possible by its specialization.
Over the years, the Alicante court system has established a solid body of judicial doctrine that has influenced European case law. In this article, we will explore how specialization has enabled the court to successfully handle complex cases and establish itself as a leading authority in this field.
Judicial Specialization: A Tangible Reality
Twenty years later, it is clear that the dream of judicial specialization in European Union trademarks and designs has become a tangible reality. The development of case law by the Spanish courts has gone hand in hand, it must be said, with the prolific activity of the Court of Justice of the European Union, which issues about twenty rulings a year, primarily on trademark matters.
But our court has also played a part in this. Of the 27 preliminary rulings requested by Spanish courts, 6 came from Alicante. And some, such as theCynologiqueruling,which put an end to registration immunity, have set new directions for litigation.
The Achievements and Progress of the EU Trademark and Design Court
This specialization we are referring to is evident in theease withwhich Spanish courts today issue rulings that were once almost unthinkable: preliminary injunctions against online infringements, which involve the blocking of websites; the interplay of the principles of good faith or abuse of rights, or the doctrine of estoppel in infringement or nullity actions; and the awarding of damages that, while not punitive, at least provide real satisfaction to the plaintiff—to name a few examples.
It is not surprising that the number of cases before this court remains high. According to statistics from the General Council of the Judiciary (CGPJ), nearly one hundred cases were filed in 2023 with the Courts of Alicante regarding Community trademarks.
Despite its achievements, new challenges have arisen for this court, which, despite its years of experience, seems to be constantly put to the test. Its ability to adapt and evolve in the face of these challenges will be crucial to maintaining its status as a leader in the protection of industrial property rights in Europe.
We will discuss the court's new challenges in our next issue.
María Cadarso, Associate in the Litigation Department at ELZABURU