In the Official State Gazette (BOE) published last Wednesday, February 15, the newly created Section 32 of the Provincial Court of Madrid was finally designated as the specialized section responsible for hearing, as the court of sole instance, appeals against decisions of the Spanish Patent and Trademark Office (OEPM) in matters of industrial property, provided that the administrative remedies have been exhausted.
This Section 32, which replaces Section 28, also covers appeals in matters of intellectual property; industrial property; unfair competition; advertising; and antitrust.
The news couldn’t have come at a better time. On January 14, the new jurisdictional system took effect, granting the Provincial Court—at the “expense” of the contentious-administrative jurisdiction—the authority to hear appeals against all decisions made by the Spanish Patent and Trademark Office (OEPM).
Since the Provincial Court of Madrid is located in the same territory as the headquarters of the Spanish Patent and Trademark Office (OEPM), it is called upon to play an essential “case-law” role with respect to this new jurisdictional framework. This Court will always have jurisdiction, without prejudice to the plaintiff’s right to choose the Provincial Court corresponding to his or her place of residence, provided that the jurisdiction in question has specialized commercial courts.
We welcome this new section, and... thank you in advance!!!!
Maria Cadarso, Associate at ELZABURU.