INTELLECTUAL PROPERTY RIGHTS IN SPAIN
First Renewal Term
Subsequent Renewal Term
The Trademark Act 17/2001 is the primary law governing the mechanism of trademark registration and protection in Spain.
For getting a trademark registered in Spain, an application has to be filed with the Spanish Patent and Trademark Office (SPTO), which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Spain follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The opposition period is two (02) months from the publication date of the trademark application in the Official Gazette ‘BOPI.’
In Spain, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Spain is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, and the European Patent Convention.
The Spanish Patent Law 24/2015 - deals with the mechanism of patent protection in Spain.
For seeking patent protection in Spain, an application has to be filed with the Spanish Patent and Trademark Office (SPTO), which administers the entire process of patent grant.
In Spain, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Spain, an opposition against a patent application can be raised at the pre-grant stage within six (06) months following its publication in the Official Bulletin of Industrial Property.
Patents last for twenty (20) years in Spain. Annuities for the years, which have expired or begun from the date of patent grant, should be paid within three (03) months from the publication of granting. The succeeding annuities should be paid within three (03) months after the due date, i.e., the last day of the month in which the anniversary of the filing date occurs. There are two (02) further grace periods of three (03) months during which annuities may be paid with a surcharge of 25% and 50%, respectively.
Law 20/2003 of 7th July on the Legal Protection of Industrial Design - governs and deals with the mechanism of registration of industrial designs in Spain.
For getting an industrial design registered in Spain, an application has to be filed with the SPTO, which administers the entire process of registration.
The types of industrial design applications that can be filed in Spain include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Spain at the pre grant stage.
A registered industrial design is valid for five (05) years from the date of filing of the application and may be extended four (04) times for successive periods of five (05) years each up to a total term of twenty-five (25) years.
Renewal can be filed during the period of six (06) months before the industrial design expiration.
There is a grace period of six (06) months for the late renewal of a registered industrial design with surcharge.
Spain is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Royal Act 1/1996, of 12th April 1996 - is the basic legislation governing copyright protection in Spain.
In Spain, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration. Voluntary registration is possible by applying to the Copyright Office. Copyright registration in Spain serves as proof of ownership.
The economic rights last for the author’s lifetime and after his death for seventy (70) years, regardless of the date on which the work was legally disclosed to the public.
The rights of exploitation of a work last for the life of the author and seventy (70) years after his death or declaration of death.
The exploitation rights of anonymous or pseudonymous works last seventy (70) years from their lawful disclosure, as long as the author does not become known during this period.
The rights of exploitation of the works that have not been lawfully disclosed last seventy (70) years from their creation when the term of protection is not computed from the death or declaration of death of the author or authors.
The exploitation rights of collaborative works, including cinematographic and audiovisual works, last for the life of the co-authors and seventy (70) years after the death or declaration of death of the last surviving co-author.
With musical compositions with lyrics, exploitation rights will last the entire life of the author of the lyrics and the author of the musical composition and seventy (70) years from the death or declaration of death of the last survivor, provided that their contributions were created specifically for the respective musical composition with lyrics.