Specialised IP Courts in Spain

Posted on 04/01/2017 by balder

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One of the changes the new Spanish Patent Law (which will be applicable as of 1st April 2017) is that there will be specialised Courts on IP matters. We were waiting to see if the Judges’ self regulatory body, the Consejo General del Poder Judicial, would actually allow that specialization to take place or would name Courts in all Spanish regions.

The question was solved on 30th December 2016, when Spain’s Official Bulletin published the Consejo’s decision to allot all IP cases (excluding European Union trademarks and design, which continue in Alicante) to the following Courts in three cities:

Barcelona: Commercial Courts 1, 4 and 5 for patents and designs, Commercial Courts 2, 6, 8 and 9 for trademarks.
Madrid: Commercial Courts nos. 7, 8, 9 and 10.
Valencia: Commercial Court no. 2 for patents, Commercial Courts nos. 1 and 3 for trademarks and designs.

Time will prove if these are sufficient Courts for all IP matters in Spain, but it is certainly a very positive step in the correct direction.