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THE PROTECTION OF “DESIGN STYLE” AND UNFAIR COMPETITION (the MR. WONDERFUL V. CIAL LAMA/DCASA case)

In a recent judgment of the Community Design Court number 1 of Spain (Judgment 106/2019 of 6th May 2019 issued by the Commercial Court number 1 of Alicante), which is the relevant court for hearing such matters since it is also the location of the offices of the  Intellectual Property Office of the European Union (EUIPO), the question arises as…

THE SHORT-LIVED REFORM OF THE LEASE ACT

I. Introduction  Royal Decree-Law 21/2018 of 14th December    on urgent measures regarding housing and rent (“RD”) entered into force on 18th December 2018, but did not pass the validation procedure in the Plenary Session of the Congress of Deputies on 22nd  January 2019, as it was  repealed by agreement of the chamber. II. Measures introduced by the repealed regulation. During…

REGISTER OF FRANCHISORS: SUPPRESSED SINCE DECEMBER 2018

In Spain, franchise is understood as the commercial activity carried out by virtue of an agreement or contract by which one company, known as the franchisor, assigns to another, known as the franchisee, the right to operate its own system of marketing products or services.[1] Until the 8th of December 2018, natural or legal persons -including companies from third countries,…

NEW ROYAL DECREE REGARDING RESTRICTIONS ON THE USE OF CERTAIN HAZARDOUS SUBSTANCES IN ELECTRICAL AND ELECTRONIC EQUIPMENT

On Tuesday 20th November 2018, Royal Decree 1364/2018 of 2nd November entered into force, which transposes EU Directive 2017/2012 of 15th November 2017 into Spanish legislation, and which partially modifies Royal Decree 219/2013 of 22nd March regarding restrictions on the use of hazardous substances in electrical and electronic equipment. I. Subject matter of the regulation This regulation is intended for…

WITHDRAWAL BY THE LESSEE FOLLOWING THE TACIT RENEWAL OF THE LEASE CONTRACT

I. Introduction  In a recent judgment dated 26th September 2018, the Spanish Supreme Court has ruled on whether it should be understood that the tacit renewal of a lease contract occurs monthly or annually, depending on whether an annual or monthly rent has been established in the contract, with the consequences that this entails for the purposes of withdrawing from…