Global Intellectual Property Center

Spain

Spain

Primary Sources

  • Consolidated Text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the Applicable Statutory Provisions (approved by Royal Legislative Decree No. 1/1996 of April 12, 1996, and amended up to Law No. 21/2014 of 4 November, 2014)
  • Law No. 1/2000 of January 7, 2000, on Civil Procedure (as amended up to Organic Law No. 16/2015 of October 27, 2015)
  • Law No. 10/2007 of June 22, 2007, on Reading, Books and Libraries (as amended by Law No. 21/2014 of November 4, 2014, amending the Consolidated Text of the Law on Intellectual Property) (2014)
  • Law No. 15/2007 of July 3, 2007 on the Protection of Competition (as last amended by Law No. 2/2011 of March 4, 2011)
  • Law No. 17/2001 of December 7, 2001, on Trademarks (as amended up to Law No. 24/2015 of July 24, 2015, on Patents)
  • Law No. 2/2011 of March 4, 2011, on Sustainable Economy (as last amended by Law No. 2/2012 of June 29, 2012) (2012)
  • Law No. 20/2003 of 7 July, 2003, on Legal Protection of Industrial Designs (as amended up to Law No. 24/2015 of July 24, 2015, on Patents)
  • Law No. 24/2015 of July 24, 2015, on Patents
  • Law No. 30/1992 of November 26, 1992, on General Government and the Common Administrative Procedure (as last amended by Royal Decree No. 8/2011 of July 1, 2011)
  • Law No. 34/2002 of July 11, 2002 on Information Society Services and Electronic Commerce (as last amended by Law No. 7/2010 of March 31, 2010
  • Law No. 43 of December 30, 1994, incorporating in Spanish Law Council Directive (EEC) No. 92/100 of November 19, 1992, on Rental Right and Lending Right and on Certain Rights Related to Copyright in the field of Intellectual Property (1994)
  • Order ECD/2166/2014 of November 14, 2014, establishing the Amount of the Fair Compensation for Private Copying Corresponding to the 2013 Financial Year, financed by the General State Budget and the Distribution of the same among the Three Types of Reproduction referred to by Law (2014)
  • Order ECD/2574/2015 of December 2, 2015, approving the Methodology for Fixing General Tariffs relating to the Remuneration due for the Use of Repertoires of Intellectual Property Collective Rights Management Societies (2015)
  • Order PRE/1743/2008 of June 18, 2008 establishing the List of Equipment, Apparatus and Materials subject to Payment of Fair Compensation for Private Copying, the Amounts Applied to Each of Them and the Distribution between Different Modes of Reproduction (2008)
  • Penal Code (Organic Law No. 10/1995 of November 23, 1995, as amended up to Law No. 4/2015 of April 27, 2015)
  • Regulation for the implementation of Law No. 11/1986 of 20 March, 1986, on Patents (approved by Royal Decree No. 2245/1986 of October 10, 1986, and last amended by Royal Decree No. 245/2010 of March 5, 2010)
  • Regulation implementing Law No. 20/2003 on Legal Protection of Industrial Designs (approved by Royal Decree No. 1937/2004 of September 27, 2004, and last amended by Royal Decree No. 1431/2008 of August 20, 2009)
  • Regulation on the implementation of Law No. 17/2001 of December 7, 2001 on Trademarks (approved by Royal Decree No. 687/2002 of July 12, 2002, and last amended by Royal Decree No. 1431/2008 of August 29, 2008)
  • Royal Decree No. 1023/2015 of November 13, 2015, setting forth the Regulations Governing the Composition, Organization and Functioning of the First Division of the Intellectual Property Commission (2015)
  • Royal Decree No. 1431/2008 of August 29, 2008 amending certain Regulations on Industrial Property
  • Royal Decree No. 1657/2012 of December 7, 2012, regulating the Procedure for Paying Fair Compensation in respect of Private Copying from the General State Budget (2012)
  • Royal Decree No. 1889/2011, of December 30, 2011, regulating the Operation of the Intellectual Property Commission (2011)
  • Royal Decree No. 2063/2008 of December 12, 2008, implementing Law No. 10/2007 of June 22, 2007, on Reading, Books and Libraries in relation to the ISBN (International Standard Book Number) (2008)
  • Royal Decree No. 224/2016 of May 27, 2016, setting forth the Legal Regime of Orphan Works (2016)
  • Royal Decree No. 2424/1986 of 10 October, 1986 for the implementation of the Convention on the Grant of European Patent, done in Munich on October 5, 1973 (as last amended by Royal Decree No. 1431/2008 of August 29, 2008) (2008)
  • Royal Decree No. 624/2014 of July 18, 2014, developing the Remuneration to the Authors for Lending their Works in Certain Publicly Accessible Establishments (2014)

EU Legislation

  • Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (2016)
  • Directive (EU) No. 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (2016)
  • Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and
  • Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (2016)
  • Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (2014)
  • Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 (2013)
  • Directive No. 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (2012)
  • Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (2012)
  • Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights (2011)
  • Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (2009)
  • Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA relevance) (2009)
  • Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (2007)
  • Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (2004)
  • Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs (2002)
  • Directive No. 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (2001)

Secondary Sources

  • AIPPI (2012), “The patentability criterion of inventive stepon-obviousness (Q217): Spain”
  • AIPPI (2013), “Draft of a new Spanish Patent Law” e-News No. 33
  • AIPPI (2013), “Relevant public for determining the degree of recognition of famous marks, well-known marks and marks with reputation (Q234): Spain
  • AIPPI (2013), “Relief in IP proceedings other than injunctions or damages (Q236): Spain”
  • AIPPI (2013), Trademarks (Q212): Spain”
  • AIPPI (2014), “Patents (Q228): Spain”
  • AIPPI (2014), “Second medical use or indication claims: Q238: Spain”
  • AIPPI (2015), “Exceptions and Limitations to Copyright Protection for Libraries, Archives, and Education and Research Institutes”, 7/6/2015
  • AIPPI (2016), “Requirements for Protection of Design”, 5/19/2016
  • Ana Garcia Vidal/ Gomez Acebo&Pombo (2014), Key points of the amendment to the Spanish Intellectual Property Act effected by Act 21/2014″
  • Baker & McKenzie (2015), “Reform of the Spanish Criminal Code: IP rights amendments”, Lexology, 7/27/2015
  • Clarke, Modet & C. (2015),” Implications of the New Patent Law in Spain”, 7/30/2015
  • EC/DG MARKT (2013), “Study on Trade Secrets and Confidential Business Information in the Internal Market”, April 2013
  • EDRi (2012),”Spanish Supreme Court says Google is not breaching copyright”, 6/20/2012
  • EGA (2008), Patent-related Barriers to Market Entry for Generic Medicines in the European Union” May 2008
  • El Confidencial (2015), “This is how to hunt companies that use pirated software”, 12/19/2015
  • El Mundo (2016), “Spain Ignores WHO recommendations on Plain Packaging (translated), 5/31/2016
  • EPLAW Patent Blog website, “Spain” (accessed July 2016)
  • EU Observatory in IP Rights (2009), “Damages in Intellectual Property Rights”
  • EU Observatory in IP Rights (2009), “Injunctions in Intellectual Property Rights”
  • EUIPO (2016), “The economic cost of IPR infringement in handbags and luggage”, February 2016, February 2016
  • EUIPO (2016), “The economic cost of IPR infringement in jewelry and watches”, February 2016, February 2016
  • EUIPO (2016), “The economic cost of IPR infringement in the pharmaceutical industry”, September 2016
  • EUIPO (2016), “The economic cost of IPR infringement in the recorded music sector”, May 2016
  • EUIPO (2016), “The economic cost of IPR infringement in thespirits and wine sector”, July 2016
  • Garrigues (2011), “”The challenge of unregistered rights””, World Trademark Review, January 2011
  • Gerard de Josep (2016), “Spain Takes Steps to Implement EU Tobacco Directive”, 5/27/2016
  • Glyn Moody/TechDirt (2015), “Spain About To Bring In Software Patents — Just As US Starts Moving Away From Them”, 3/15/2015
  • Gonzalo Santos/DLA Piper (2015), “Spain modernizes its patent legislation”, Technology’s Legal Edge blog, 8/6/2015
  • Hector Jausas and Gemma Colomer?Practical Law (2016), “Pharmaceutical IP and Competition Law in Spain:Overview”, Global Guide 2016/2017
  • Héctor Jimenez, Borja Martin, Iñigo Palao/GfK (2015),”Observatory of Piracy and Digital Content Consumer Habits in 2014″ (translated), March 2015
  • Hogan Lovells (2015), “Data protection compliance in Spain -Mission impossible?”
  • Hogan Lovells website, “Copyright Protection:Spain” (accessed July 2016)
  • Hogan Lovells website, “Patent litigation -Spain” (accessed August 2016)
  • Hogan Lovells website, “Trademark litigation -Spain” (accessed August 2016)
  • HP Anti Counterfeiting and Fraud (ACF) Programme for channel partner and customer protection in EMEA (2015), “Spanish officials foil international trade in fakes”, June 2015
  • Jose Maria Mendez, Raul Rubio, Maite Diez, Maria Dolores Garayalde, Naiara Elizagarate and Michael Fonseca/Baker&McKenzie (2015),”Reform of the Spanish Criminal Code: IP rights amendments”, Lexology, 7/27/2015
  • LaLiga/La Coalicion (2016), “Piracy observatory and digital contents consumption habits 2015: Piracy Does not Ease”, 3/31/2016
  • Luis Fernández-Novoa/Hoyng Rokh Monegier (2015),”The new Spanish Patent Act”, EPLAW PATENT BLOG,November 2015
  • Manuel Lobato and Marco Yago/Bird & Bird (2016), “Indirect Infringement in Pharmaceutical Patent Cases in Spain”, WhosWho Legal, March 2016
  • Maribel Marin, Jaime Prats/El Pais (2015), “So effective, so expensive” (translated), 1/19/2015
  • Marqués Jarque/Baker & McKenzie (2015) “Coming soon: the new Spanish Patent Act”, PatLit blog, 7/28/2015
  • Marta Gonzalez Diaz/Eversheds (2015), “Hindering acts” in Spain deemed unfair competition behaviour”, Lexology, 2/11/2015
  • Mathieu de Rooij and Anna Barlocci/ZBM Patents & Trademarks (2014), “The use and misuse of Spanish utility models”, IP Value 2014, IAM Magazine
  • Miquel Montañá (2016), Draft implementing regulations of new Spanish Patents Act published: Form obsession! “, Kluwerpatentblog, 3/29/2016
  • Nintendo’s Anti-Piracy Program (2016), “Selling circumvention devices for the NINTENDO 3DS is declared illegal in Spain”, 7/19/2016
  • OECD/EUIPO (2016), “Trade in Counterfeit and Pirated Goods. Mapping the Economic Impact”, May 2016
  • OEPM webiste, “What is a Supplementary Protection Certificate? (translated)
  • Olive Press News Spain (2016), “Spain losing hundreds of millions to fake alcohol”, 7/30/2016
  • Osborne Clarke (2016), “New regulation on the protection of trade secrets”, 3/29/2016
  • Pablo Hernandez (2014), “Key Aspects of the New Reform of the Spanish Copyright Act”, KluwerCopyrightBlog, 11/10/2014
  • Patentes y Marcas (2015), “Patent Compulsory Licenses”, BLOGS madri+d, 2/4/2015
  • Patricia Ramos/PONS IP (2015), “The Long Awaited Patent Law in Spain”
  • Ramon Sauri, Rita Reyes Ríos and Miguel Vidal-Quadras Trías de Bes, Amat i Vidal-Quadras Advocats (2013), “The Evolution of IP Law: New Trends and Challenges”, IAM Magazine
  • Raquel Xalabarder/KluwerCopyrightBlog (2014), A bill to amend the Spanish IP Law”
  • RTVE (2013), “The Supreme Court Validates that the Administration Can Close Down Web pages as Foreseen by the Ley Sinde”, 6/20/2013
  • Salvador Ferrandis & Partners (2016), “Guide on Customs’proceeding for the Seizure of Counterfeits in Spain”, 6/24/2016
  • Spanish Government (2016), “The Fight Against Piracy Starts Bearing Results(translated), 3/31/2016
  • Squire Patton Boggs (2016), “Judgment against the University of Barcelona as a result of the infringements of intellectual property rights”, Lexology, 18/3/2015
  • Teresa Mercadal Menchaca/Bird&Bird (2013), “Generic drug pricing: unfair competition and imminent infringement”, Lexology
  • Teresa Mercadal/Bird&Bird (2012), “Spain: Obtaining marketing authorisation and setting a price for a generic before patent/SPC expiration would be considered an unfair competition act, 10/16/2012