IP Handbook - Home
The comprehensive guide to the world's leading tax firms

At-a-glance: Oficina Española de Patentes y Marcas Paseo de las Castellana, 75 – 28046, Madrid, Spain Tel: +34 902 157 530 Fax: +34 (91) 349 55 97 Email: informacion@oepm.es Website: www.oepm.es The Spanish IP market has "always traditionally... [more]

The Spanish IP market has "always traditionally been dominated by boutiques", according to one lawyer. But over the last year, international law firms have begun to place greater emphasis on the sector. Cuatrecasas Gonçalves Pereira, Garrigues and Baker & Mckenzie were all highly praised in the market and made significant strides in the copyright and contentious rankings.

Meanwhile, patent filing increased largely due to the translation services that the boutiques, such as Elzaburu, ABG Patentes and ZBM Patentes, provide. "There are a lot of foreign companies that need to have their patents validated in Spain," says one boutique lawyer.

The issue of the EU patent divided the country, with many boutique firms against it but many law firms advocating the project. "Boutiques don't want to lose their translation income," says one lawyer. "Law firms would welcome the change as it would encourage more companies to enter the market, in a country that is traditionally not very innovative."

Boutiques claim, however, that the EU patent would mean the Spanish language would be diluted. "We're not just talking about the translation," says one patent agent. "English, French and German litigators would have a distinct advantage in court as well, as the patent would be written in one of these languages."

Trade mark filings in Spain continued to fall following the implementation of the online registrations in Alicante. With companies now able to protect themselves across the entire EU market with one registration, one lawyer questions the future of the business in Spain. "Offices based in Alicante, where OHIM is based, do well, as large North American and Asian companies think the proximity factor makes a difference. But it really doesn't."

There was also a rise in copyright work around illegal videos on YouTube and similar platforms. "The legislation is very clear in Spain," says one IP lawyer. "There is no obligation from the platform manager to prevent these videos from being uploaded." Media companies have found that there is no consistent universal law for this field. "It is being discussed in courts all over Europe," says the same partner. "But in Spain, the individual who uploads the video is responsible."

The Spanish parliament is also cracking down on piracy with legislation in the pipeline to prevent the copying of films and music. Copyright lawyer at Uría Menéndez, Agustín González, says: "Piracy is a big issue at the moment. The law being drafted is similar to the digital law in the UK."