Legal Protection Report on the loyalty programme

“Legal Protection of HiperJuego” vs. Shop2Win

GOMEZ-ACEBO & POMBO legal practice Madrid, October 2003 2nd Edition, February 2004 Authors: Mr. Miguel Ángel Rodríguez Partner at Gómez-Acebo & Pombo, legal practice. Intellectual Property Department Mr. José Carlos Erdozaín Lawyer at Gómez-Acebo & Pombo Intellectual Property Department Member of the WIPO
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INTRODUCTION

The present report was prepared in reply to Mr. Javier Ferrer Alós’ request. Its main objective is to provide an analysis of all the legal matters concerning the legal protection of the project “ HIPERJUEGO”, a game or programme devoted to encourage consumer´s loyalty. Consequently, we present the most suitable form of protection: copyright or intellectual property. However, we also provide the most up-to-date defense methods in the fields of patent rights and computer programmes for instance. We may as well, bear in mind those cases of unfair competition.

Likewise, we also focus on the procedural remedies within the author´s reach, specially mentioning the laws concerning the nature of the programme along with the sectorial laws, i.e: Intellectual Property Law, Law on Trademark Legal Protection for Industrial Designs Law and Unfair Competition Law.

It must also be said that on the writing of this report many other factors have been taken into account: the registration of much Intellectual Property, Copyrights and also the names of the internet domains that Mr.Ferrer Alós has registered under his name. See appendix at the bottom of the page.

The main goal for the writers of the report is to provide the inventor of this particular loyalty programme with the widest range of legal instruments in order to be able to protect his own invention against similar ones which might already be on the market.

On the one hand, we have designed the following outline:

1. Preliminary Coclusions and Legal Report on  HIPERJUEGO.
2. Legal Basis and analisys of HIPERJUEGO, adaptation to the legally anticipated originality standards.   
3. Aspects on HIPERJUEGO legal deffense.
4. Doctrinal basis.

On the other hand, one can also find the tax processing issues for all of the economic transactions of  HIPERJUEGO in the survey «Report on tax management in HIPERJUEGO, Shop2win economic transactions» by ENRIQUEZ & ASOCIADOS, Tax Consultants (Valencia, February 2004).