United Caps Food v. Borges Branded Food, Barcelona Commercial Court No 5, Order 1/2017 (Jan 5th, 2017)

Barely three months before the new Spanish Patent Act comes into force (Apr 1st, 2017), the Barcelona Commercial Court No 5 has rendered an order taking forward the filing of a protective letter (“escrito preventivo”), despite this possibility not being explicitly provided for under the current Spanish Patent Act No 11/1986, still in force. The latter will be soon replaced by the new Spanish Patent Act No 24/2015, whose Section 132 introduces for the very first time the so-called ‘protective letters into Spanish Patent Law.

The entire contribution can be read here.

The judgment (in Spanish) can be read here.

Headnote and summary: Luis Fernández-Novoa, HOYNG ROKH MONEGIER