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On Call Protocol for the Alimentaria and Hostelco 2026 Trade Fairs
In preparation for the Alimentaria and Hostelco 2026 trade fairs, the Commercial Section of the Barcelona First Instance Court has approved a rapid response protocol to deal promptly with any potential conflicts relating to intellectual and industrial property rights (patents,trademarks, designs, and copyright), as well as trade secrets and unfair competition issues that may arise during these events.
Jurisdiction of national courts of States party to the Agreement on a Unified Patent Court in respect of actions relating to classic European patents during the transitional period
During the transitional period of the Agreement on a Unified Patent Court, national courts retain jurisdiction to hear cases concerning classic European patents, without the need for the proprietor to have exercised the opt-out option, i.e. without the need to have excluded the jurisdiction of the Unified Patent Court over such patents. However, the Venice Court ruling discussed here considers that national courts may only be used if the opt-out has been exercised, contradicting the provisions of Article 83 of the Agreement.
Incompatibility between practising a healthcare profession and having a pecuniary interest in the manufacture or sale of medicinal products or medical devices
Royal Legislative Decree 1/2015, of 24 July, approving the recast version of the Medicinal Products and Medical Devices (Guarantees and Rational Use) Act, prohibits healthcare professionals with prescribing powers from having a direct pecuniary interest in activities related to medicines. This prohibition does not extend to indirect interests, as distinguished in Article 4 of said legislative decree. Judgment no. 483/2025 of the High Court of Justice of the Basque Country concludes that mere membership of a group of companies does not entail incompatibility if each entity retains real autonomy.
Sustainable Mobility Act 9/2025: measures to promote climate neutrality in the transport sector
This paper presents changes introduced by Act 9/2025 to promote decarbonisation in transport, including obligation for transport entities to calculate and report their carbon footprint, the drawing up of sustainable mobility plans in large centres of activity and companies, measures to electrify ports and promote renewable fuels, the deployment of charging points and the publishing of a national grid capacity map.
Financial institutions’ customer services following Act 10/2025
Act 10/2025 reforms the regime governing financial institutions’ customer services and introduces a procedure for the submission, processing and resolution of complaints filed by their customers, including special provisions when such customers are consumers, such as a free helpline and the availability of channels that allow for personalised service to vulnerable consumers or people without access to certain basic financial services that are not defined in the new law.
Excessive extension of the Bolar clause in the ‘pharmaceutical legislative package’
The Bolar clause allows studies and trials necessary to obtain marketing authorisations for medicinal products to be carried out without infringing patents. Its scope has grown during the passage of the pharmaceutical legislative package, incorporating more actors and more activities, to include participation in public tenders before the patent expires. This extension raises questions about compatibility with the TRIPS Agreement, which only allows limited exceptions to patent rights. Participation in tenders could be considered an offer to sell, thus violating the limits set by that agreement.