INTERES Invest in Spain

1. What is the intellectual property regime applicable in Spain?
2. What is the industrial property regime applicable in Spain?

1. What is the intellectual property regime applicable in Spain?

The consolidated text of the Intellectual Property Act [Ley de Propiedad Intelectual], approved by Royal Legislative Decree 1/1996 of 12 April 1996, regulates intellectual property in Spain.

Intellectual property protects original literary, artistic or scientific creations expressed in any medium, such as books, documents, musical compositions, dramatic works, choreography, audiovisual works, sculptures, pictures, plans, models, maps, photographs, computer programs and databases. It also protects artistic interpretations, phonograms, audiovisual recordings and radio broadcasts.
It is not necessary to register a work in order to protect it, in other words registration in the Intellectual Property Register is voluntary. It is advisable however to indicate the reservation of rights and the symbol © in the case of a work or service or the symbol in the case of phonograms.
The advantages of registration in the Register, in addition to providing qualified proof of the fact that the registered rights exist and belong to their owner, save where the contrary is proved, is that it gives publicity to the registered rights.
The general duration of the exploitation rights in the work is the life of the author plus seventy years after his death. There are other periods for moral rights and for other services.

In order to register a work or service, you need to make an application to the Intellectual Property Register and pay a fee.

Further information: www.mcu.es

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2. What is the industrial property regime applicable in Spain?

In Spain the body that grants industrial property licences is the Spanish Patents and Trademarks Office [Oficina Española de Patentes y Marcas – OEPM]. There are various forms of protection: patents, ancillary protection certificates, utility models, industrial models and drawings, topographies of semi-conductor products, trademarks, trade names and establishment signs. They are all different from one another in terms of the procedures for obtaining the licence, its duration, etc.

Applications for registration are made to the Spanish Patents and Trademarks Office of the Ministry of Science and Technology (www.oepm.es) Calle Panamá, 1,
28071 Madrid
Telephone 0034 91 349 53 00 (switchboard)
Fax 0034 91 349 55 97 (information desk)
and email for dissemination office difusión@oepm.es and administrative information informacion@oepm.es
Applications for registration may be made directly by the person concerned or through an official Industrial Property Agent.