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THE PROTECTION OF KNOW-HOW AND BUSINESS INFORMATION (TRADE SECRETS)

Hitherto, there was no specific and coordinated EU legislation regulating the protection of secret business and technical information from dishonest practices intended for misappropriation, copy, espionage, breach of confidentiality requirements, etc. We refer to those undisclosed high value technical or business knowledge which has not been protected by means of intellectual property registration, but which is aimed at being kept…

PRIVACY SHIELD – THE NEW MECHANISM FOR THE TRANSATLANTIC FLOW OF DATA

On 12th July 2016, the European Commission published a declaration regarding the EU – US Privacy Shield adopted by the Member States. The EU US Privacy Shield will guarantee a high level of protection to persons and legal certainty to companies. As already mentioned in one of our previous articles, this mechanism substitutes the old “Safe Harbour” in the fulfilment…

FIRST INITIATIVE OF THE EUROPEAN COMMISSION TO PUT INTO PRACTICE THE ACTION PLAN TO STEP UP THE FIGHT AGAINST THE FINANCING OF TERRORISM: REINFORCEMENT OF TRANSPARENCY RULES

On 2nd February 2016 the European Commission in Strasbourg presented an Action Plan to step up the fight against the financing of terrorism. The objective of said plan is to achieve a rapid and tough reaction to the challenges that terrorism poses today. On the one part, based upon the current European regulations in force, the aim is to locate…

EU MEASURES AGAINST DUMPED IMPORTS AND SUBSIDISED IMPORTS

Two new European Union (EU) regulations shall enter into force on 20th July, which shall be directly applicable in all countries of the EU, without the need for their transposition into the respective national law, meaning that they may be directly invoked: EU Regulation 2016/1037 of the European Parliament and Council of 8th June 2016 regarding protection against subsidised imports…

A NEW LEGAL SYSTEM FOR ORPHAN WORKS

With the transposition into Spanish law of the EU directive 2012/28/UE of the European Parliament and Council, through law 21/2014, via which article 37 bis was introduced into the consolidated text of the Intellectual Property Act (“IPA”), and the recent Royal Decree 224/2016, which implements said article, the legal framework is established which regulates works of intellectual property, which have…