THE ENFORCEMENT OF IP RIGHTS IN THE SPANISH

THE ENFORCEMENT OF IP RIGHTS IN THE SPANISH PATENT AND TRADEMARK OFFICE Javier Moreno Ramos, Director of Department of Legal Coordination and International Relations 1

• THE REGISTRATION OF RIGHTS IS A PREMISE OF THE ENFORCEMENT • MEASURES TO PROMOTE UTILIZATION OF IP RIGHTS FOR SMEs (fee policy, procedural improvements, reducing pendency time, eregistration, alternatives to litigation through arbitration…) • ENFORCEMENT IN TWO SENSES: - Legal defense (litigation in courts) - Enforcement policy of authorities 2

SUMMARY • FIGURES OF COUNTERFEITING IN SPAIN • THREE PILLARS STRATEGY – LEGAL FRAMEWORK – INSTITUTIONAL FRAMEWORK – AWARENESS AND TRAINING • THE SPECIFIC ROLE OF THE SPTO IN IP ENFORCEMENT • THE WEBSITE OF THE SPTO AND THE AWARENESS CAMPAIGN 3

FIGURES 2008 Percentage of seizures 4

FIGURES 2008 percentage of seizures by sector in Industrial Property (IP) 5

FIGURES 2008 valuation by sector in IP 6

INSTITUTIONAL FRAMEWORK INTERSECTOR COMISSION AGAINST IPR INFRINGMENT (2006) • Institutional background (19972005): Interministerial Commision (2 Working Groups) • Composition. – Plenary (9 Ministries/Regional and Local authorities/ Consumers/IP Entities) – Standing Commitee (SPTO) 7

INSTITUTIONAL FRAMEWORK • Scope of competence. Non executive competences – Draw up a plan to put forward guidelines/measures to address piracy. – Promote awareness. – Propose development of legal framework/measures. – Organize training activities. – Prepare national statistics about counterfeiting activities 8

SPTO SPECIFIC ROLE ON IP ENFORCEMENT (I) • Main purpose: protection/promotion IP • National activities: – Cooperation with police/customs. – Cooperation with Courts. – Development of antipiracy section within website of SPTO 9

SPTO INFORMATION SERVICES 10

SPTO INFORMATION SERVICES (2) 11

SPTO INFORMATION SERVICES (3) 12

SPTO SPECIFIC ROLE ON IP ENFORCEMENT (II) • International activities: – Cooperation with OCDE (Study on economic impact of piracy 2006) – Cooperation with OHIM and other NPOs (Roving Seminar) – Cooperation with WIPO and EPO (Regional Seminars on IP enforcement and Seminar for Latin American Judges and Prosecutors). 13

NATIONAL TRAINING ACTIVITIES n Seminars for Judges. n Seminars for Public prosecutors. n Seminars for police members. 14

AWARENESS ACTIVITIES • Target public: – Consumers/Local authorities/Chambers of Commerce/SMEs • In cooperation with: private sector and local entities (+ 100000 inh) • Purpose: Raise conciousness of damages to: Health, safety, national economy… • Specific Website of the SPTO for anticounterfeiting • Targeted campaign: “ Yo soy original, no compro falsificaciones” 15

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