2/20/2016

Mobile World Congress 2016 Barcelona

The Mobile World Congress is the most important worldwide convention in the mobile telecommunications sector. This congress takes place annually in Barcelona Fair, Spain, and its next edition will be celebrated from 22nd to 25th February 2016.

The Commercial Courts in Barcelona adopted on 22nd January 2016 an immediate action protocol for the Mobile World Congress for the quick resolution of potential industrial and intellectual property conflicts that establishes a precedent for future fairs and congresses.

The so-called "IP fast protocol", consisting of a series of guidelines to protect the lawful owners of intellectual, for example copyrights in software, brands or intellectual property right, and industrial (trademarks, technology patents, industrial designs, etc.) that will enable right holders to obtain preliminary injunctions for infringements of IP rights in an extraordinarily short period of time during the celebration of the Mobile World Congress.

In addition, the Protocol provides for the possibility to file "protective letters" by those who suspect that an urgent preliminary injunction ex parte will be filed against them.

Photo ® Eugenio Egea Gaeta

The commitments adopted were:

a) Give preferential and priority processing to emergency protective measures (with or without a hearing) concerning technological patents and industrial designs of the companies presented at the Mobile World Congress; as well as trademark and IP right violation such as unfair competition and illegal advertising relating to products and materials exposed or exhibited at the fair.

b) Commitment to resolve within two days from entry into court the request for precautionary measures without hearing of the defendant party; and within a maximum of ten days from entry into court for the resolution of precautionary measures with notice of hearing, provided that a preventive statement has submitted.

c) In the context of a possible conflict in industrial or intellectual property with another company and facing the reasonable fear of being subject to an application for precautionary measures without a hearing, to admit the filing of preventive statements before the Commercial Courts of Barcelona, in order to avoid, to the extent it is possible, that precautionary measures are taken without hearing the defendant. This will allow on the one hand that the defendant has a chance expose its case; and it will on the other hand guarantee a chance to appear before the court immediately to resolve any request for precautionary measures without a hearing.

d) The prior behavior of the plaintiff and the speed with which the reacts to the knowledge of any infringement will be crucial in determining whether to apply the urgency in adopting precautionary measures without a hearing established in Article LEC 733, so long as this is not contrary to the real aim of the precautionary measure. In this regard, it will be important that the plaintiff submits the request for urgent precautionary measures in good time such that it in good faith does not reasonably prevent the hearing of the defendant taking place, and where the owner of the allegedly infringed right has prior knowledge of the possible infringement and has filed its case with enough time.

We are able to provide a special legal guidance and assistance in the Mobile World Congress, from filing an injunction against a competitor company to drafting and filing precautionary documents. In case you would like to receive further information, please contact us at our email address mobile@egea-lawyers.com

9/14/2015

Access to the Legal Profession in Spain

Spain´s Official State Gazette (B.O.E.) has now published the date when the Access to the Legal Profession official exam (Bar exam) will be held.

Applicants must pass this test in order to be able to practice law in Spain.

Aptitude tests to the exercise of the Attorney's profession in Spain

6/28/2015

Eurogroup statement on Greece

Since the 20 February 2015 agreement of the Eurogroup on the extension of the current financial assistance arrangement, intensive negotiations have taken place between the institutions and the Greek authorities to achieve a successful conclusion of the review. Given the prolonged deadlock in negotiations and the urgency of the situation, institutions have put forward a comprehensive proposal on policy conditionality, making use of the given flexibility within the current arrangement.

Regrettably, despite efforts at all levels and full support of the Eurogroup, this proposal has been rejected by the Greek authorities who broke off the programme negotiations late on the 26 June unilaterally. The Eurogroup recalls the significant financial transfers and support provided to Greece over the last years. The Eurogroup has been open until the very last moment to further support the Greek people through a continued growth-oriented programme.

The Eurogroup takes note of the decision of the Greek government to put forward a proposal to call for a referendum, which is expected to take place on Sunday July 5, which is after the expiration of the programme period. The current financial assistance arrangement with Greece will expire on 30 June 2015, as well as all agreements related to the current Greek programme including the transfer by euro area Member States of SMP and ANFA equivalent profits.

The euro area authorities stand ready to do whatever is necessary to ensure financial stability of the euro area.

[1] Supported by all members of the Eurogroup except the Greek member.

6/21/2015

International Franchise Expo (IFE) in New York 2015

The annual IFA's International Franchise Expo has taken place in New York City (June 18 to 20) hosting over 450 top franchises.

Franchises exhibiting in the expo from all over the world have been able to interact with thousands of attendees eager to invest.

The organization conducted a poll among entrepreneurs and business owners attending the expo resulting in 20% declaring to be willing to invest up to 100.000 dollars and 34% looking for ventures and investment opportunities within the region of 100.000 to 500.000 dollars.

In the International Franchise Expo, entrepreneurs can acquire a foreign franchise from the US or elsewhere and introduce it in their home country or promote their own business idea to franchise it in the biggest consumers market in the world.

Our Firm has participated in this event, invited by the US Embassy in Spain's Commercial Service, where several meetings with US and Canadian franchises have been held. Our managing partner, Mr. Eugenio Egea has had the chance to meet with entrepreneurs who are interested in incorporating this type of commercial agreement in their international investment plans.

Whether investing in a business idea developed by others or expanding your own successful venture abroad, the franchise is undoubtedly a most convenient tool which allows business internationalization to reach a faster return on investment.

It is fact that in the last decade, the number of companies expanding their products and their business idea abroad has increased very quickly.

Our firm has been invited in many occasions as part of business delegations attending international franchise expositions. We have provided assistance to companies and business owners in the initial stages of negotiations and in the selection of additional service providers abroad. Contact us for further information about this service.