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    Analysis
    Area Intellectual Property
    Sector Life Sciences and Healthcare
    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.
    icon ¡NEW!
    icon Ángel García Vidal, Rais Amils
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    Analysis
    Area Intellectual Property
    Sector Life Sciences and Healthcare
    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.
    icon 6 days ago
    icon Ángel García Vidal
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    Analysis
    Area Sustainability
    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.
    icon 6 days ago
    icon Blanca Lozano, Helena Villena
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    Analysis
    Area Capital Markets
    Sector Financial Services, Fintech & Insurtech
    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.
    icon 15 Jan, 2026
    icon Reyes Palá
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    Analysis
    Area Intellectual Property
    Sector Life Sciences and Healthcare
    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.
    icon 15 Jan, 2026
    icon Ángel García Vidal, Rais Amils
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    Analysis
    Area Real Estate
    Continuing or permanent building damage and risk of no limitation period (Supreme Court (Civil Division) Judgment no. 1463/2025 of 21 October 2025)
    With regard to actions under the Building (Unified Regulation) Act, the Supreme Court reaffirms that there is no continuing damage, but rather permanent damage. The solution is more efficient for all parties, as well as fairer. Also cheaper for the judicial system.
    icon 09 Jan, 2026
    icon Ángel Carrasco
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    Ricardo Alonso
    Ricardo Alonso
    Academic Counsel
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    Pilar Álvarez
    Pilar Álvarez
    Academic Counsel
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    Oriol Mir
    Oriol Mir
    Academic Counsel
    Luciano Parejo
    Luciano Parejo
    Academic Counsel
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    Lourdes López
    Lourdes López
    Academic Counsel
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    Juan Alfonso Santamaría
    Juan Alfonso Santamaría
    Academic Counsel
    Inés Fontes
    Inés Fontes
    Academic Counsel
    Fernando Marín de la Bárcena
    Fernando Marín de la Bárcena
    Academic Counsel
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    Faustino Cordón
    Faustino Cordón
    Academic Counsel
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    Elisa Torralba
    Elisa Torralba
    Academic Counsel
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    Blanca Lozano
    Blanca Lozano
    Academic Counsel
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    Ángel García Vidal
    Ángel García Vidal
    Academic Counsel
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    Ángel Carrasco
    Ángel Carrasco
    Academic Counsel
    Ana I. Mendoza
    Ana I. Mendoza
    Academic Counsel
    Alberto Díaz
    Academic Counsel
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    Agustín García
    Agustín García
    Academic Counsel
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