Unfair competition

Revelación de Secretos Empresariales

Business Secret Disclosure: When is the Offense Consummated?

The ruling of the Criminal Chamber of the Supreme Court number 735/2024, dated 12/07/2024, has resolved a key issue regarding the crime of business secret disclosure by establishing that it is a crime of anticipatory consummation, where the mere act of appropriation aimed at discovering the business secret is sufficient. Thus, gaining knowledge of the […]

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¿Puede utilizarse el nombre o distintivo de un competidor si no lo tiene registrado como marca?

Can a competitor’s name or logo be used if it is not registered as a trademark?

Can a competitor’s name or logo be used if it is not registered as a trademark? The Spanish trademark registration before the Patent and Trademark Office, or a European trademark before the OHIM, must be considered as free access for any natural or legal person. The administration will not oppose the registration, if there is

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Revelación de secretos de empresa por parte de ex trabajadores

Revealing company secrets by former employees

Revealing company secrets by former employees Within the scope of unfair competition, is the disclosure of the so-called “industrial secret” or “ company secret”. As an example of this conflict, the employee who leaves a company and starts a parallel business that operates in the same sector, using the confidential information obtained in his previous

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