The owner of intellectual or industrial property rights may bring actions both through civil or penal means, against those infringing upon his rights in Spain.
The procedure for the filing actions in the Civil Courts is governed by the Code of Civil Procedure, which provides the trademark holder a legal remedy through ordinary proceedings to enforce his rights against third parties.
The holder whose rights have been violated may request:
- The cessation of the acts that violate the law
- Compensation for damages
- The seizure of the objects produced or imported
- The attribution of ownership of the objects or means seized. The adoption of measures necessary to prevent further attacks that violate the law
- The publication of the conviction
The right holder may also request interim measures aimed at ensuring the effectiveness of these legal actions.
Industrial property rights are protected equally by criminal law. In addition to activities relating to marketing, use, manufacture, and imitation of inventions and distinctive signs without permission from the owner, amendments of the Penal Code, put into effect on 1 October 2004, introduced, as an offence, forgery of plant variety and parallel importations. For such offences, the criminal code, following the amendment, provided for sentences of imprisonment from six months up to two years and fines for periods of twelve to twenty-four months.
It is also worth noting that the causes which determine whether a crime is extremely serious have been expanded to encompass many possible offences for which the Criminal Code provides for increased penalties consisting of imprisonment (one to four years), fines (twelve to twenty-fourth months), and disqualification of the exercise of the profession relating to the offence (for a period of two to five years).
For additional information regarding intelectual property rights in Spain,
