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Contentious-Administrative proceedings:
Against the Trademark and Patent Office for registration concession or denegation.
- Disputes when the defendant is part of the Central Government Authority or a Government Institution, as for example when they have infringed IP rights.
- Subvention denegation disputes ( in films for example).
Civil Jurisdiction:
- Patents or trademarks litigation when suing the patent or trademark registered owner or the person who has caused the infringement.
- IP infringement litigation in non authorized use or plagiarism.
- Breach of IP contracts.
- Unfair Competition.
Criminal Jurisdiction:
- Criminal IP rights infringement,
- By Internet: Peer to Peer networks, illegal materials selling and distribution.
- Illegal street sells
- Canon for private copy appropriation.
- Video clubs and business that hire illegally products protected under IP regulations.
- Criminal Industrial Property infringements: brand label and trademarks counterfeit, especially luxury products, falsifications.
- Criminal parallel imports (introduced effectively into the Spanish legislation in 2005 and still to be settled)
- Criminal fraud of IP rights: sells by who is not licensee to sell, illegal exportations of somebody else’s authorship works with no authorisation….
- Image rights, Honour, Defamation
Illustration: “White horse” by Diego de Velázquez, 1635. |