As an intangible asset of a company, a patent is an economic tool. It provides its owner with a competitive advantage by granting a monopoly that enables the owner to prohibit any use of the invention without the owner’s consent.
Author Archive for: Nicolas Melchior
About Nicolás Melchior
A Law graduate from the Universidad Carlo III de Madrid, Nicolás Melchior specialises in corporate Law, commercial contracts and electronic commerce.
Working languages: Spanish, German, English and French.
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Entries by Nicolás Melchior
A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.
Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.
For the sake of efficiency and time management, the EU will unify the rules on succession rights of foreigners. Decisions taken by a Member State will be binding everywhere within the EU territories, and will not be subject to further revisions.
Of the various probable instances for the dissolution of an L.L.C. in Spain, some are based on economic reasons (accumulation of losses, capital reduction below a legal threshold, etc.) and others may be due to the behaviour of its partners (paralysis of the company, agreement on the dissolution, etc.).
With the reform of the Spanish Penal Code and the debut of criminal liability for legal entities, the supervision and compliance management allocated to a compliance officer has a significant importance for companies.
Before creating your own limited liability company in Spain (L.L.C.), you must be careful when it comes to rules of incorporation, drafting the articles of incorporation, and administrative procedures; those performed before a notary, as well as tax-related obligations.
The counting of paid leave days is not always clear, as demonstrated by the recent decision of the Court of Appeals regarding a dispute between Air France and one of its part-time employees. It is therefore important for employers to remain aware of the regulations on paid leave at all times.
The L.L.C. is a very common type of company in Spain, it is important to be aware of the rules governing the formation, operation, and dissolution of an L.L.C before establishing one’s own company.
The reform of the Spanish Penal Code has accentuated the importance of compliance. It is clearly stated in Article 31(a) of the Penal Code that all companies are required to establish or strengthen programs that focus on compliance to criminal rules, emphasizing the criminal liability consequences that breaking these rules entail.