Barcelona Commercial Court no. 5 handed down a judgment quashing the claimant’s DNI action without ruling on the merits of (non-)infringement. The Court found that the claimant had standing to file the DNI. However, one of the procedural pre-requisites for a DNI action had not been met: the claimant was neither industrially exploiting any actual products for which it sought a declaration of non-infringement, nor carrying out any “serious and effective preparations” to that end.
Case date: 16 September 2017
Case number: SJM B 682/2017
Court: Commercial Court of Barcelona
A full summary of this case has been published on Kluwer IP Law.