Intellectual Property Law in SpainUpdated on Monday 18th April 2016
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Business owners in Spain can benefit from protecting their ideas as intellectual property. Because it is a member of the European Union, Spain observes certain mandatory regulations and has its own intellectual property law that helps entrepreneurs protect their work throughout the EU.
Our law firm in Spain can make sure that your ideas that qualify as intellectual property are not taken abusively by others who do not own a right upon them.
What is considered intellectual property?
Products, work or processes can be protected as intellectual property by Spanish businesses that wish to differentiate their products from others on the market. By protecting their logos or distinctive marks, companies gain a competitive advantage not only on the Spanish market but also in the rest of the EU.
The types of work or products that qualify for intellectual property are:
- copyrighted creative work: literary or artistic works, music, software, databases, architectural designs, multimedia and others;
- industrial property: inventions, trademarks, industrial designs and new varieties of plants;
- commercial strategies: confidentiality agreements, trade secrets.
Depending on your type of business and the field in which you activate you may need to file for one or more property rights for your creations.
Our lawyers in Spain can help you make the right copyright or patent application.
How is intellectual property protected in Spain?
The Patent and Trademark Office in Spain (OEPM) receives all applications for the protection of intellectual property. Applicants must pay a registration fee and also pay a fee for the renewal of their protection. Those who make applications for protection at an EU level must present additional translations in Spanish for the required documents.
Intellectual property is protected both at a country level and at an EU level. Multinational companies or those that have branches in Spain and in other countries in the European Union should consider making an EU registration according to the EU laws. Otherwise, the property rights might be protected differently according to each country where the company engages in business transactions. The World Intellectual Property Organisation and the European Patent Office are two regulatory agencies you can address for this matter.
You can contact our law firm in Spain for more details about the application procedure and detailed information about the intellectual property law.