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Frequently Asked Questions

 

Respondemos todas aquellas dudas referentes a los diferentes procesos implicados en la propiedad industrial.

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Industrial Property
Trademarks and Trade Names
Collective and Certification Marks
Proof of use
International trademarks
Transformations
National patent and utility model
Supplementary protection certificate
European patent and validation
International PCT application
Reinstatement of rights
Transfers and licensing
Fees
Patent management and valuation
Representation
Industrial Property Agents (IPA)
European Qualifying Examination (EQE)
Representation and Brexit
Classifications
Invalidity and revocation of trademarks and trade names
Geographical indications

In the countries where the invention is not protected, it is considered to be of public domain and anyone can exploit it freely. That is why it is important to patent in all the countries where the invention is to be commercialised.

In the countries where the invention is not protected, it is considered to be of public domain and anyone can exploit it freely. That is why it is important to patent in all the countries where the invention is to be commercialised.

Articles 133 to 139 of the Spanish Patents Act 11/1986 list all the precautionary measures.

Bear in mind that Spanish case law stipulates three requirements for adopting precautionary measures:

- legal credibility (fumus boni iuris)

- danger in delay (periculum in mora)

- granting of surety

Generally speaking, Spanish law stipulates that the burden of proof should fall on the claimant (Art.217.2 of the Spanish Civil Procedure Act, Law 1/2000).

However, in certain cases the burden of proof is reversed, that is, it falls on the defendant.

Therefore, in the case provided for in Article 61.2 of the Patents Act (Law 11/1986), if the object of a patent is a procedure for producing new products or substances, it is assumed, unless proven otherwise, that all products and substances with the same characteristics have been obtained by means of the patented procedure. This means that the defendant will have to prove that the product has been obtained by means of a procedure different from the patented procedure.