PUBLICATIONS

The lawyers of INTANGIBLES regularly publish essays and articles in specialised national and international journals and give conferences and lectures. Our latest publications are the following:

«Conflictos de marcas: GIORDANO v GIORDANO»

S. Miralles, Expansion, 19 September 2018.

Commentary of Judgement of the UK High Court of Justice in case [2018] EWHC 1608 (Ch) dealing with trademark conflict regarding the TM “Giordano”, including action for revocation for non use.

«Internet of Things and legal protection of immaterial resources»

S. Miralles. Diario La Ley, No. 7, Cyberlaw Section, Wolters Kluwer, 29 May 2017.

This article approaches the question whether in the context of IoT and Big Data will IP consolidate itself as an IP as a service (IPaaS).

The article is available in Spanish here or can be downloaded directly via the following link: Internet_de_las_Cosas_y_….

«Claim for damages in patent litigation: conclusions of an empirical study»

O. Vachta (and other co-author). CEFI, Nº 77, January – April 2016.

This article aims to contribute to fill a void in the analysis of the patent market with findings of an empirical study based on the information obtained from several legal databases combined with the analysis of more than a hundred court decisions on patent infringements.

«Safe harbours: an update on the research and Bolar exemptions to patent infringement»

S. Miralles (and other co-authors). Nature Biotechnology, Vol. 33, Number 7, July 2015.

This article highlights the most recent developments regarding research and Bolar exemptions in Belgium, Germany, France, Italy, Spain, the Netherlands and the UK and aims to provide practical insights into what is exempted in which country.

«Design Protection Smart Charts»

S. Miralles and E. Molina, Design Protection Smart Charts, Spanish Chapter. Wolter Kluwers, September 2015.

This is new guide containing comprehensive information regarding design protection and enforcement in 21 jurisdictions worldwide. It covers, among other aspects, registration requirements, grounds for refusal, scope of protection, transfers and licences, litigation and relevant procedural aspects and customs measures. Elena and Sergio are the authors of the Spanish chapter.

 

For more information see this video: https://www.youtube.com/watch?v=yV9Nbeggg20

«Ownership of data and information in big data environments»

S. Miralles, Commemorative Book of the 50th anniversary of the Spanish group of AIPPI, April 2015.

Essay on legal instruments used to claim exclusive rights over data and information in Big Data environments. The paper opens with an introduction to the main features of Big Data and its processing. It criticises the current trend to claim ownership rights and/or confidentiality in this context.

«The sufficiency of description requirement in the European patent system»

S. Miralles & E. Molina, Actas de Derecho Industrial, No. 33 (2012-13).

The purpose of this essay is to analyse the underlying principles, contents and scope of the sufficiency of disclosure requirement set forth in Article 83 of the European Patent Convention in order to provide interpretative guidelines that may ease the arduous task of applying to a given case one of the apparently simplest and most straightforward patent validity requirements, which in practice proves to be one of the most complex.

«The legal protection of genetic sequences»

S. Miralles & E. Molina, Revista de Derecho Mercantil, No. 285, 2012.

This essay is mainly focused on the legal protection of genetic sequences by patents and, to a lesser extent, by copyright. Several judgments issued by the courts of the United States of America, the United Kingdom and Spain have been analysed, with the aim of identifying the problematic issues regarding the current legal protection of genetic sequences.

«The winding-up of Spanish companies for trade mark infringement»

S. Miralles & A. Milà, Journal of IP Law & Practice 2011; 1093/jiplp/jpr054.

Analysis of the legal provisions of the Spanish Trademark Act (Act 17/2001, of 7 December) enabling the winding up of companies that fail to comply with court orders to amend their company name in cases of trademark infringement.

«The technological protection measures in videogames: technical introduction and legal protection»

S. Miralles & E. Verdaguer, La Ley 24 July 2007.

Analysis of the legal provisions of the Spanish Copyright Act (Royal Legislative Decree 1/1996, of 12 April) dealing with technological protection measures (TPMs). The paper includes a review of the most common TPMs used in the videogame industry.

«Notes on the limitations to trademark rights»

S. Miralles, CEFI, No. 41, April 2006.

Analysis of the legal provisions of the Spanish Trademark Act dealing with exceptions and limitations to the exclusive rights of the trademark holder.

«The transfer of personal data: analysis of the applicable provisions and their application to certain practical cases»

S. Miralles & S. Baches, La Ley 11 May 2001.

Review of the legal provisions of the Spanish Data Protection Act (Basic Law 15/1999, of 13 December) dealing with the assignment of personal data by the data controller to third parties. The article also analyses certain groups of cases.