The legislative proposal for amending the Law on Trademarks, the Law on Legal Protection of Industrial Design and the Law on Patents is now open to the citizens to submit observations

Through this legislative proposal, Law 17/2001, of December 7, on Trademarks, Law 20/2003, of July 7, on the Legal Protection of Industrial Design and Law 24/2015, of July 24, Patents, are going to be modified.

These amendments focus on updating certain aspects related to industrial property rights. In particular, the reasons that justify the need to reform Law 17/2001, of December 7, on Trademarks again, are due to the opportunity to make certain adjustments to provide it with greater coherence and precision. To this end, substantive and procedural norms have been introduced.

In addition, the reform of Law 20/2003, of July 7, on the Legal Protection of Industrial Design, responds to the need to adapt the regulations to the international and European context. Moreover, to satisfy the current needs of a dynamic and increasingly virtual market that requires, in turn, a procedure that reflects these particularities through the greater speed and simplicity.

Law 24/2015, of July 24, on Patents, after more than four years after the entry into force, will be also modify. In particular, both formal and substantive aspects of the law. As for example, the inclusion of the figure of derivative utility models or the clarification of those inventions excluded from protection because they are essentially biological processes, as well as the products obtained exclusively from these processes. This last amendment has been in the middle of intense debates, both within the European Patent Office and the European Union.

Term of submission: Term to present observations from October 21 to November 19, 2021.

Presentation of observations:

The observations may be sent to the email address: CoordinacionJuridica@oepm.es

Only observations in which the sender is identified will be considered.

In general, the answers will be considered non-confidential and, consequently, freely disseminated. The parts of the information that are considered confidential must be specifically indicated and delimited in the text itself, giving reasons for such qualification.

We look forward to your contributions in this public information process!

More information:

Draft of the legislative proposal

MAIN of the legislative proposal