Resolve Intellectual Property Disputes in SpainUpdated on Wednesday 24th August 2016
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Intellectual property in Spain refers to the rights given to the creator of a work of art, a play and many other creations which are the result of the mind, as well as to the patents given to various inventions. For each of these types of intellectual properties, the Spanish legislation has created a set of rules, which were later on harmonized with the principles imposed in the European Union (as the country became a member in 1986), as well as to those applied by the World Intellectual Property Organization (WIPO). These entities have also created the regulations applicable for the resolution of disputes that may arise in this field and our team of Spanish lawyers can offer an in-depth presentation on this matter.
Intellectual property disputes, resolved in Spanish courts
One of the most common ways in which the intellectual property (IP) disputes can be resolved is by addressing the case to the Spanish courts. It is important to know that the local authorities created in 2005 new courts to handle, amongst many other issues, intellectual property conflicts, which can be addressed to specialised commercial courts.
Such cases are addressed according to the jurisdiction in which the dispute appeared, but in the situation in which in that particular jurisdiction there is no Commercial Court, the case will be handled by the Court of First Instance.
However, it is important to know that, if the litigious case is addressed to the Commercial Court, the average length of the trial can last approximately 12 months for the first instance and up to 18 months for the appeal. In this situation, more and more natural persons or legal entities are trying to resolve these issues through alternative dispute resolution; our team of Spanish attorneys can provide assistance for the resolution of an IP dispute.
Types of intellectual property disputes in Spain
There is a wide area of IP disputes which can arise in this field, but as a general rule, IP cases usually refer to:
• trademark rights;
• patent rights;
• industrial design;
Persons interested in resolving an intellectual property dispute in Spain can address to our Spanish law firm, where they can receive appropriate assistance.