Intellectual property is one of a company’s main assets. It is therefore vital to ensure that it is properly protected before investing in a new market.
In Spain, with rare exceptions, the registration principle prevails, which means that there can be no right to an invention or a distinctive sign 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.
The principle of territoriality also prevails in the registration system, which means protection is only available in countries where the trademark or patent is registered. In other countries, the trademark or patent could in principle, be freely used by third parties. Consequently, the registration of a trademark or a patent in its country of origin does not grant automatic protection in other countries, therefore protection must be sought by registration in each relevant country.
Intellectual property rights are assets, and, like tangible goods, may be assigned, encumbered 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 in this area, 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 guidelines laid down by the Community Directives on Intellectual Property, and Spain is therefore in line with Europe.
A list of the main conventions is provided in the Exhibit at the end of this Chapter.
The main 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
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