Spain Law Meeting Point

Innovations and new product ideas are valuable assets of a business. These assets need to be protected so that your rights are not infringed upon by others.

In Spain, with rare exceptions, the first to record prevails, therefore there can be no right to an invention or trademark unless it has been previously registered. Spain, unlike the United States for example, follows the “first-to-file” system. The first person to apply for registration will have priority rights therefore use will give no rights against third parties except in the case of well-known marks (this are called in Spain marcas notorias).

The principle of territoriality also prevails in the registration system, which entails protection is only available in countries there the trade mark or patent is registered, that is, in Spain. In other countries, the mark or patent could  be freely used by third parties. Because registration of a trade mark or a patent in one country of origin does not confer automatic protection in other countries, protection must consequently be sought by registration in each relevant country. Intellectual property rights are assets, and, like tangible goods, may be assigned, encumbered, sublicenced or transferred by any means provided by law. Third parties may obtain licenses to use registered rights in exchange for payment.

Spain has ratified the main International Conventions, which with rare exceptions, allow non-Spanish nationals to protect their rights in Spain.  Spain’s membership of the European Union has also forced Spanish legislation to implement the European guidelines  on Intellectual Property.

The most important Intellectual Property Conventions ratified by Spain include the following:

• Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS Agreement).
• Paris Convention.
• Patent Cooperation Treaty (PCT).
• European Patent Convention.
• Madrid Agreement.
• Madrid Protocol.

MORE ON THIS ISSUE: COMING SOON.