Intellectual Property: Protect Your Assets Before Competitors Do

Intellectual property (IP) in Spain encompasses industrial property rights — trademarks, patents, utility models, and industrial designs registered before the Spanish Patent and Trademark Office (OEPM) — and copyright, which arises automatically upon creation under the Consolidated Text of the Intellectual Property Law (Real Decreto Legislativo 1/1996). EU-level protection is available through the European Union Intellectual Property Office (EUIPO) for EU trademarks and Community designs, and through the European Patent Office (EPO) for European patents. Trade secrets are protected in Spain under Law 1/2019 on Trade Secrets, transposing EU Directive 2016/943. IP infringement is actionable before Spain's commercial courts, with options for preliminary injunctions, cessation orders, and damages claims.

Intellectual property is today the most valuable asset of many companies, and its protection demands a global, proactive strategy: register before competitors do, correctly contract the rights to creations by employees and suppliers, and act swiftly against any infringement.

Our team has registered more than 500 trademarks in Spain, the European Union, and third countries, and has participated in the negotiation of licence agreements worth tens of millions of euros. We combine legal rigour with a commercial perspective that helps you monetise your intangible assets and turn IP into a sustainable competitive advantage.

The Intangible Value at Stake

In a knowledge economy, the gap between a company’s book value and its market value is largely explained by intangible assets: brands, patents, software, proprietary processes, and customer relationships. Yet many businesses that would never leave a physical asset uninsured operate for years without registering their core trademark in key markets, without IP assignment clauses in their contractor agreements, or without documented procedures for protecting trade secrets.

The consequences of this gap become visible at the worst possible moments: a competitor’s trademark application filed the week before yours, a departing employee who takes client data, or an acquisition process where the buyer’s due diligence reveals that the target does not actually own the software its business depends on.

Registration as the First Line of Defence

Trademark and patent protection in Spain and the EU is first-come, first-served. The OEPM and EUIPO registers are public, and monitoring them is a routine part of our service. We advise clients on the right combination of national, EU, and international registrations to match their geographic footprint and expansion plans, the appropriate trademark classes to cover current and planned activities, and the renewal calendar to ensure no registration lapses inadvertently.

For technology companies, patent strategy requires a different analysis: the window between innovation and public disclosure (including patent filing) is narrow. Filing too late — after a product launch or trade-fair presentation — can destroy novelty and bar protection entirely. We work with your R&D teams to identify patentable innovations early and file applications within the required timelines.

IP in Corporate Transactions

When a company is sold or raises investment, IP becomes a central due diligence issue. Investors and acquirers want certainty: that the company owns its IP outright, that licences are transferable, that no third-party claims are pending, and that the registration portfolio is clean and renewable. Gaps discovered at this stage create negotiating leverage for the buyer and can reduce the valuation of IP-heavy businesses significantly.

Our IP due diligence process maps the complete intangible asset register, verifies ownership chains back to creation, reviews all agreements involving IP exploitation, and identifies any contingencies that should be disclosed, indemnified, or resolved before closing. Post-acquisition, we manage IP portfolio integration and the transfer of registrations to the acquiring entity.

Enforcing Your Rights

IP rights without enforcement are worthless. When infringement is detected — a copycat trademark, an unlicensed use of your software, a competitor selling products that infringe your patent — speed matters. Interim injunctions can halt infringing activity within days. Our team has experience in the full range of enforcement actions: EUIPO oppositions and cancellation proceedings, cease-and-desist letters that produce results, and commercial court litigation when out-of-court routes fail.