Find Lawyers in Spain for Intellectual Property Law
Practice Area Overview
Intellectual property is divided into two main areas, namely industrial property and copyright. Copyright relates to artistic creations, such as novels, music, paintings, and cinematographic works. In most European languages, copyright is known as author's rights. Copyright is protected by various laws, including the Spanish constitution (Article 20), civil code (Articles 428 and 429) and Spanish copyright act that refers to creations of the mind, such as; literary, scientific, and artistic works, whereby the main idea is to protect originality. Intellectual property rights are acquired mainly by two ways: by creating an original work or by assignment of the previous right holder excepting of the moral rights. Copyrights can be assigned or transferred from one party to another, and also may be licensed. Neighboring or related rights are the rights of a creative work not connected with the work's actual author, such as the rights of artists, performers, and producers.
Industrial property takes a wide range of forms. These include patents to protect inventions; and industrial designs, which are aesthetic creations determining the appearance of industrial products and trademarks to protect a distinctive sign, shape, or expression which identifies products or services of a particular source from those of others. Exclusive rights are acquired after registering the application in the SPTO, EUIPO, EPO, and WIPO. They also can be acquired by assignment or license.
Spain is part of various international treaties (e.g. Berne and Paris conventions, TRIPS, WIPO, EPC, PCT, PLT, Madrid Protocol, TLT) in addition to EU regulations (EU trademark and design). Indeed, the EUIPO is located in Spain, specifically in Alicante.
Copyright subsists for a variety of lengths; the length of the term can depend on several factors, including the type of work and its author. The default length of copyright in Spain is the life of the author plus 70 years. Once the term of a copyright has expired, the formerly copyrighted work enters the public domain and may be freely used or exploited by anyone.
Patents for Invention allow the inventor to exclude anyone else from commercially exploiting his invention for a limited period of 20 years. The maximum term for an industrial design is 25 years; on the other hand, a trademark can be renewed indefinitely for successive periods of 10 years on payment of corresponding fees.
Copyright is subject to limitations and exceptions in Spain such as permitting the reproduction of works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.
An important limit on industrial property is the exhaustion of rights, by which once marketed by permission of the owner or having received compensation cannot prevent the subsequent sale within the territory of the EU.
All conflicts on IP law are exclusive competent of mercantile courts, expecting those cases referring to EU trademarks or designs which are handled only by Alicante's courts.
Practice Areas Intellectual Property and Technology. Rais has more than 20 years of experience and specialises in intellectual property litigation, mostly representing innovative companies in the pharmaceutical sector in the defence of their patents. She also has experience in trademark, design, unfair competition and competition law litigation. Career Joined Pérez-Llorca in 2022 as an Industrial Property partner. Degree in Law, Universitat Pompeu Fabra. Master’s Degree in Europe...
Alejandro Angulo is a founding and managing partner at Grau & Angulo, an IP litigation boutique which was set up in 2003. The firm has offices in Barcelona, Madrid and Las Palmas. A member of the Barcelona Bar Association since 1992 Alejandro has worked in the field of IP for more than twenty years. Alejandro specialises in trademark, design, patent, copyright and unfair competition litigation. He is well known for his expertise in finding solutions for mainly international clients in com...
Practice Areas Intellectual Property and Technology He specialises in industrial property, intellectual property and unfair competition, in particular, litigation in these disciplines. He is currently very active in patent litigation, with a focus on the pharmaceutical sector. He currently deals with patent lawsuits, mainly in the chemicals (pharmaceuticals) and biotechnological sectors. Career He joined Pérez-Llorca as Partner, Head of Intellectual Property in 2021. Degree in Law, Uni...
Practice Areas EU and Competition Law. Advises on restrictive agreements, abuse of dominant positions, economic mergers and state aids. He defends clients in the framework of sanctioning proceedings before the National Commission on Markets and Competition (“CNMC”) as well as before administrative bodies. Likewise, he elaborates compliance programmes. Career Jaime de Blas joined Pérez-Llorca in 2014, after having worked in the Competition practice area of an international l...
Practice Areas Intellectual Property and Technology. Álvaro is an expert in advising and representing clients in litigation concerning the acquisition, exploitation, infringement and validity of intangible assets such as patents, trademarks, industrial designs, copyrights and trade secrets, in all sectors of economic activity. Career Álvaro de Castro joined Ambar as Partner in 2024. Since he started his career more than 15 years ago, he has always been working in the Intellectua...
The bulk of his work focuses on the entertainment industry, where he advises performing artists, managers, record companies and music publishers, performing and mechanical rights societies, and companies in the audio visual and technological sector. Over time his activity has spread to include other spheres of copyright and related rights (architecture, books, etc.), civil law (property and ownership), commercial law and competition law. In addition, he has long-standing experience of the pro...
Andrea Garcés is the Partner responsible for the Intellectual Property Department at the firm’s Barcelona office. Her wide-ranging experience has made her a specialist in Intellectual Property Law. As an expert in the defence of the right to exclusivity, she has acted in a large number of areas, such as trademark licensing, agreements for the commissioning of works, publishing agreements, the adaptation of existing works and the production and distribution of cinematographic work...
Javier joined Pérez-Llorca as Counsel in 2014. Before joining the firm, he was a sitting judge at Commercial Court no. 5 in Madrid. At Pérez-Llorca, he has advised financial entities on complex insolvency proceedings and he has supported the Restructuring area in several transactions. He has also taken part in several IP matters and advised funds within the framework of corporate disputes. Javier has lectured at prestigious fora such as ICADE, UNED, San Pablo CEU, the Madrid Bar...
Practice areas: EU and Competition Juan Jiménez-Laiglesia has extensive experience in mergers and acquisitions, strategic alliances, joint ventures, abuses of dominant position, cartel investigations and state aid matters before the European Commission, the European Courts and Spanish competition authorities and courts. Juan joined Pérez-Llorca as partner in 2018. He comes with 22 years of experience from previous firms. Law degree (Universidad Complutense, Madrid, 1988), LLM in...
Directora de PwC Tax & Legal Services. Licenciada en Derecho por la Universidad de Barcelona, Máster en Propiedad Intelectual e Industrial por la Universidad de Alicante, MBA por ESADE y miembro del ilustre Colegio de Abogados de Barcelona. Se incorporó a PwC en 2008. Cuenta con más de 15 años de experiencia en derecho de las tecnologías de la información y, en especial, en materia de privacidad y comercio electrónico, así como en la...
Mª Paz Molina is the lawyer in charge of the Commercial and Corporate Law Department of the Madrid office. Her long professional career has led her to develop in many areas, specializing in real estate law in its early stages through legal advice to leading real estate developers for whom she carried out all kind of legal advice; from the initial contracting with third parties (deposit, purchase options, swaps, sales, etc.) to intermediation and contracting with all types of agents invol...
Managing partner of the law firm, David has been practicing law since 1989. He is expert in providing legal advice on the protection of intangible assets (intellectual property, know-how, trade secrets, innovation, technology transfer and distribution). David has specialised in litigation in the field of intellectual property, in particular in patent and trade mark litigation. He regularly intervenes before all national courts (from the lower courts to the Spanish Supreme Court) and before th...
Partner of the law firm, he has been working as a lawyer specialised in Intellectual Property since 2010. He stands out for his expertise in patent litigation. Juan Carlos regularly represents our clients before different Spanish courts, including the Supreme Court, and before the Court of Justice of the European Union. He also acts before trade mark and patent agencies such as the OEPM, the EUIPO and the EPO. In addition to his prominent career as a lawyer, he has been working as an adjunct ...
Practice areas: Intellectual Property, Technology Andy Ramos Gil de la Haza is an expert in technology and intangible assets. He advises on the identification, protection and transaction of intangible assets, including copyright, trademarks, patents, trade secrets, IT, data protection, etc. Andy works with technological, audio visual and music companies as well as software and video game developers and publishers. He advises on complex copyright, technology and service transactions and litiga...
Ainhoa Veiga, partner of Araoz & Rueda since 2005, joined the firm as an associate in 1998. She is specialized in Competition/EU Competition, advising clients before the Spanish/EU competition authorities. Ainhoa has also extensive experience in intellectual property matters, unfair competition and mergers and acquisitions.
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