In Spain’s growing tech ecosystem, protecting your software, apps, and digital tools is essential. Whether you’re a startup, freelancer, or company, your code and user interface are valuable intellectual property (IP) assets.
This guide explains how software is protected under Spanish IP law, how to register your rights, and what legal strategies you can use.
💻 What Legal Protections Apply to Software in Spain?
Software is protected primarily under copyright law as a “literary work” — not under patent law (in most cases).
What’s protected:
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Source code and object code
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User interface design (UI)
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Databases, if original
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Documentation, manuals, and specifications
⚖️ Legal Framework
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Spanish Intellectual Property Law
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EU Software Directive (91/250/EEC)
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WIPO and TRIPS Agreements
These laws provide automatic protection from the moment the software is created, as long as it is original.
📝 How to Prove Ownership
Even though registration is not required, proof of authorship is essential in case of infringement. Recommended options:
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Register with the Spanish Intellectual Property Registry
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Use Safe Creative or similar timestamping platforms
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Deposit your code with a notary or lawyer
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Store your work on blockchain-based IP protection platforms
🔐 Contracts and Developer Agreements
To avoid disputes:
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Draft clear agreements with contractors, co-founders, and employees
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Ensure IP ownership is assigned to the company
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Include confidentiality and non-compete clauses
This is especially important in early-stage startups and outsourcing arrangements.
🧾 Licenses and Monetization
Protect and monetize your software through:
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EULAs (End-User License Agreements)
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SaaS Agreements
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Open-source licenses (e.g., GPL, MIT)
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Custom licensing deals
Spain recognizes all standard license structures as long as they meet transparency and consent requirements.
⚠️ Software Infringement: What to Do
If someone copies your code or clones your app:
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Collect evidence (screenshots, logs, repositories)
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Send a cease and desist letter
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Request platform takedowns (e.g., App Store, Google Play)
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File a civil or criminal complaint in Spain
Remedies include damages, injunctions, and removal of infringing software.
🧩 What About Patents?
Software patents are not generally allowed in Spain unless:
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The software has a technical effect beyond data processing
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It is part of an embedded or industrial system
Even then, the bar for registration is high.
🤝 How Borderless Lawyers Can Help
We help tech founders and companies:
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Register software with the Spanish IP office
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Draft developer and licensing agreements
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Enforce copyright or contract violations
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Protect trade secrets and source code
📞 Have you secured your app or code legally? Get expert IP protection with our legal team in Spain.