{"id":13648,"date":"2025-04-07T12:46:53","date_gmt":"2025-04-07T12:46:53","guid":{"rendered":"https:\/\/www.yunikalaw.com\/?p=13648"},"modified":"2025-04-07T14:42:24","modified_gmt":"2025-04-07T14:42:24","slug":"pioneering-ruling-on-moral-damages-in-cases-of-intellectual-property-infringement","status":"publish","type":"post","link":"https:\/\/www.yunikalaw.com\/en\/2025\/04\/07\/pioneering-ruling-on-moral-damages-in-cases-of-intellectual-property-infringement\/","title":{"rendered":"Pioneering ruling on moral damages in cases of intellectual property infringement"},"content":{"rendered":"\t\t
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Pioneering ruling on moral damages in cases of IP infringements<\/b><\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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Jean B. Devaureix<\/h2>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Introduction<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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The recent Judgment No. 74\/2025 of the 32nd Section of the Provincial Court of Madrid, dated March 14, 2025, marks a relevant milestone in Spanish case law on IP,\u00a0 especially with respect to the consideration of moral damages suffered by creators whose rights are infringed.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Background of the case<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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In the specific case, the plaintiff, JC, a senior technician specialized in urban planning projects and topographical operations, created plans for a “curb-saving” device to improve road safety. Rodriguez Corrales shared his plans in confidence with FMSL, which, without the inventor’s authorization or knowledge, proceeded to exploit them commercially and to register a utility model based on them.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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The Ruling: moral damages at stake<\/span><\/span><\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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The\u00a0Provincial Court has fully ratified the infringement of intellectual property rights, also declaring the partial nullity of the registered utility model for lack of novelty. But the most novel aspect of the judgment lies in its explicit recognition of the moral damage caused to the creator.<\/p>

In the first instance, although the infringements were recognized and compensation for material damages was established, the claim for moral damages and the imposition of costs had not been admitted. However, on appeal, the Provincial Court dismissed FMSL’s appeal in its entirety, with harsh reproaches to its defense for sustaining “indefensible” arguments.<\/span><\/p>

The judgment is particularly striking because it expressly admits the existence of the moral damage caused to the creator when he suffered the betrayal of seeing his work disclosed and patented by third parties without his consent. The Court describes the defendants’ behavior as a true “felony” and a clear “betrayal”. Thus, the court appreciates a significant moral damage derived from the breach of trust and the disregard of FC’s creative and innovative merit.<\/p>

As a result, the Court not only upheld the injunctions to cease and destruct the illicit material, but also increased the compensation, expressly recognizing the moral damage, setting it at the maximum requested, i.e., 40,000 euros, and additionally ordered the payment of the costs of the proceedings.<\/p>

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Conclusion: a model for future cases<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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This judgment is emerging as an essential precedent for future intellectual property litigation, underlining that moral damages must be seriously considered in those cases in which the relationship of trust between creator and infringer is violated, as well as the dignity of the inventor when seeing his work illegitimately appropriated, and in particular, when an inventor loses his patent rights due to the unfair conduct of a third party with whom he has a relationship of trust..<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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About the author<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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I am mainly involved in representing national and foreign clients before all judicial bodies in the field of intellectual and industrial property and in civil matters in general.\u00a0I am also\u00a0familiar with related disciplines such as civil and commercial contracts licensing and\u00a0agency agreements, etc.<\/p>

In the field of industrial property, I have experience in patent litigation in different technical fields such as pharmaceuticals, telecommunications and mechanics. I have also been involved in trademark, design, copyright and unfair competition proceedings.<\/p>

Apart from the legal activity, I feel very committed to organic farming as a healthy way of life and a mechanism for the preservation and recovery of rural environments.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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