Protecting your intellectual property (IP) is only part of the story. When someone infringes on your trademark, copyright, or design in Spain, you need to know how to enforce your rights effectively and legally.
This article covers the main strategies for IP enforcement in Spain, including court action, customs intervention, and digital takedowns.
🚨 Common IP Infringement Scenarios
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Counterfeit goods sold online or in stores
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Use of similar logos or brand names (trademark infringement)
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Copy-paste content or software piracy (copyright infringement)
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Unauthorized licensing or resale of protected work
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Imitation of product design or user interface
🏛️ Civil Enforcement Through the Courts
📝 Jurisdiction
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IP disputes are handled by Commercial Courts in Spain
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The Madrid and Barcelona courts specialize in complex IP matters
📋 Typical Legal Actions
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Cease and desist letter
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Civil lawsuit for infringement
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Request for injunctive relief
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Damages claim (including loss of profits and reputational harm)
🕒 Timeline: From a few months (for urgent injunctions) to 12–24 months for full trials
🚫 Criminal Enforcement
In serious cases (e.g., counterfeiting, piracy), IP owners can file a criminal complaint under Spanish Penal Code Articles 270–277.
Criminal penalties include:
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Fines and seizure of goods
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Imprisonment (in severe commercial-scale cases)
Spanish police and the Guardia Civil may assist in operations against counterfeiters.
🌐 Online Takedowns & Platform Enforcement
Spain allows digital enforcement mechanisms:
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Notice-and-takedown requests to ISPs, marketplaces, and hosting platforms
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Complaints via EUIPO’s IP Enforcement Portal
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DMCA-style takedowns for U.S.-hosted content
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Action under Spain’s Digital Services Law and Ley de Servicios de la Sociedad de la Información
🛃 Customs Enforcement in Spain
Use border measures to stop the import/export of infringing goods:
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Register your IP with Spanish Customs (Aduanas)
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Customs may detain suspected counterfeit goods
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Legal action must follow within strict timeframes
This is especially effective for trademarks and designs.
🧠 Administrative Enforcement
In some cases, administrative agencies (e.g., OEPM or the Spanish Data Protection Authority) can investigate and penalize violations, especially when they involve:
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Misuse of trade names
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False advertising using registered marks
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Personal data abuse alongside IP violations
🧩 IP Enforcement in the EU Context
If your IP is registered through EUIPO, you can:
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Enforce rights EU-wide through Spanish or EU courts
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Benefit from mutual recognition of judgments
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Use EU enforcement bodies for cross-border cases
🤝 How Borderless Lawyers Can Help
We assist businesses, artists, and startups in:
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Taking immediate action against infringers
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Filing lawsuits or criminal complaints
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Drafting cease & desist letters
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Enforcing rights across borders and online
📞 Your IP is your most valuable asset — let us defend it in Spain and beyond.