© This Guide is brought to you by our Legal Department:
6. Protection of Intellectual Property and New Technologies
In Spain the legislation and the Courts grant a high level of the intellectual Property rights, acknowledging its protection under the 20 Section of the Spanish Constitution.
Spain is a member and has ratified the main international Treaties and Agreements of this subject. Among others, Spain forms part of the Treaty that establishes the World Intellectual Property Organization ratified on the 12th May 1969; of the Paris Convention, ratified on the 13th December 1971; of the Agreement which establishes the World Trade Organization, ratified on the 30th December 1974 or of the Agreement of the aspects of the Intellectual Property Rights regarding to the Trade, as well.
Spain protects the Intellectual Property rights throughout the following protection systems:
In this sense, as a member of the European Patent Convention (EPC) the protection of a patent in Spain shall be obtained by means of a unique procedure applying to this system.
At the same time, it allows to improve the filing (not the concession) of a patent applying to the system regulated in the Cooperation Treaty regarding Patents (PCT). Precisely, the OEPM is the Office for International Searching and International Preliminary Exam, being possible to make all the international steps in Spanish.
Additionally, the OEPM forms part of the Patent Prosecution Highway (PPH); which consists of a collaborative structure among intellectual property offices, throughout bilateral and multilateral agreements. It allows to speed up the procedures for concession of patents. Currently, Spain has bilateral agreements with: Canada (CIPO), Japan (JPO), United States (USPTO), Finland (NBPR), Russia (Rospatent), Portugal (INPI), Korea (KIPO) and Mexico (IMPI).
The protection of the designs shall be obtained at the domestic level by recording them in the OEPM, or at the community level by applying to the OHIM.
On the other hand, it is important to underline that Spain is a pioneer country to grant a high protection level of the personal data and to regulate the e-commerce, being an active member in the international harmonization of the legislations regarding to these matters in order to achieve a perfect working of the knowledge and of the loyal ethical global market.