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THE FREEDOM OF THE AUTHOR TO PROHIBIT HIS WORKS FROM BEING DISTRIBUTED IN THE EU IN A PHYSICAL MEDIUM DIFFERING FROM THAT WHICH WOULD HAVE BEEN AUTHORISED

Under Directive 2001/29/CE, on copyright, EU member states have the obligation to recognise in their legal system the exclusive right in support of the author to authorise or prohibit any way of distributing his works publicly. This copyright exists as long as the copyright holder of the work does not make the first sale of the said object in the…

IS IT POSSIBLE TO PATENT VEGETABLES?

The recent decisions G2/12 and G2/13 from the Board of Appeal of the European Patent Office («EPO»), of 25th March 2015, have been received not without a certain amount of controversy. Both decisions recognise the possibility of patenting products related to plants and plant material, which in principle would clash with the prohibition established in article 53 b) of the…

NEW UNCERTAINTY REGARDING INTELLECTUAL PROPERTY RIGHTS

Spain’s Intellectual Property Law (IPL) states that intellectual property rights have a duration corresponding to the life of the author plus another 70 years (article 26). This is a general rule and refers to literary, artistic and scientific works above all. However, a recent judgement of the Supreme Court denies said affirmation with regard to authors of works who died…

INCORPORATION OF COMPANIES IN SPAIN IN 48 HOURS – IS IT POSSIBLE?

One of the hindrances an investor must face when starting a project is the term elapsing from the moment it takes the decision of incorporating the vehicle company and its registration with the Commercial Registry, a process generally involving some 3 or 4 weeks. In order to streamline the formal requirements, the Spanish Government has decided to create an abbreviated…