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Amendments to Trademark Laws

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Apr 25, 2019 (Newsletter Issue 6/19)
Spain
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Trade Secrets Act Implemented


The implementation of the Trade Secrets Directive has been completed by the publication on February 21, 2019, of the Spanish Trade Secrets Act, which has entered into force mid-March.

The Trade Secrets Act does not completely re-work the existing fragmented civil law regime, but it does modify certain aspects. Key aspects are:

- New definition of "trade secrets" introduced
- The Act distinguishes between lawful and unlawful acts and includes provisions on "infringing goods".
- Rules on transfers, co-ownership and licences introduced
- It contains provisions on remedies (including more detailed provisions on damages) and preliminary injunctions.
- The Act completes and develops rules on confidentiality measures in the framework of court proceedings
- It governs certain procedural issues such as active locus standi and the limitation period

For more information, please click here

Source: www.cliffordchance.com