Press release

The new Law on Patents, discussed at the Pérez-Llorca/IE Chair on Commercial Law


The Pérez-Llorca/IE Chair on Commercial Law dedicated its last session to discussing the new Law on Patents, which was published in the Official Spanish State Gazette in July and will enter into force on 1 April 2017. The session was presented by Soledad Atienza, co-director of the Chair and lecturer at IE. The speakers at the session were Irene Andrés Justi, Legal Director of Merck, Sharp & Dohme in Spain, and Ángel Galgo Peco, Judge and President of Section 28 of the Madrid Provincial Court. The moderator of the debate was Javier García Marrero, Judge of the Commercial Courts on leave of absence and counsel of Pérez-Llorca.

Irene Andrés Justi reviewed the most recent updates of the reform, from the perspective of the pharmaceutical sector. Among other matters, she made reference to the new utility models system, the inclusion of additional protection certificates, and the expectations surrounding the Bolar provision in terms of being an independent limit on experimental use. Furthermore, Andrés Justi reviewed the latest changes with regard to infringements and damages in the event of an infringement of patent rights, concluding her speech by covering procedural aspects such as the extension of the period to respond to a claim to a two-month period.

Next, Ángel Galgo Peco provided a comprehensive overview of the Spanish patent system, contextualising it within the international sphere by making brief reference to the unitary European patent system, of which Spain does not form part. He concluded his speech by discussing other matters, such as the option introduced by the new Law on Patents to modify patents within the annulment process. He analysed the possible repercussions of the patent’s owner being able to limit the patent and modify the claims, in a way in which the limited patent provides a basis for the procedure, as occurs with European patents.

After the speeches, Javier García Marrero moderated an animated debate between the speakers and the participants, from both the business and legal worlds.