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Only industrial property rights could be invoke to pursue copies and / or counterfeits of your products on the market

Recently the Provincial Court of Madrid has handed down the sentence 647/2015, where mention the previous case law that establish that intellectual property rights are not the right tool to prosecute those who manufacture, import, possess, use is repeated, offer or introduce in trade products that are copies or fakes.

The Audience comes to establish / remember that intellectual property protects the rights about an artistic, literary or scientific work in itself, but is not enough to pursue copies of products incorporating these art works, since what haunt is not the use or exploitation of the work itself, but marketing the product that incorporates it. In this case, the work would play a role brand, whose main function is simply to differentiate in the market that product from the competitors.

In short, the judgment dismissing the claims of a famous brand of clothes (fashion retail industry ...) and will wait to see if it is contested.


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