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10. Action against infringement of intellectual property rights

The owner of intellectual property rights may take both civil and criminal action against those that infringe its rights in Spain:

10.1. Civil actions

The procedure for bringing action before the Civil Courts is governed by the Civil Procedure Law, which establishes the ordinary trial as the procedural means for the trademark owner to defend its rights against third parties.

The IP owner whose rights have been infringed may claim:

  • The cessation of the infringing acts.
  • Damages.
  • Seizure of the infringing goods.
  • To be awarded the seized objects or their means of production.
  • The adoption of necessary steps to prevent the continuation of the infringement.
  • Publication of the judgment against the infringer.

The owner of the rights may also seek injunctive relief to ensure the effectiveness of the available actions.

10.2. Criminal actions

Industrial property rights are also covered by criminal law.

In addition to activities related to the marketing, use, manufacture and imitation of inventions and distinctive signs without the IP owner’s consent, the Criminal Code also includes the counterfeiting of plant varieties and parallel imports.

Another aspect that should be underscored is the extension of the grounds for determining that an offense is particularly serious. In this regard the Criminal Code establishes sterner penalties consisting of imprisonment (from one to four years), a fine (from twelve to twenty-four months) and special disqualification from practicing the profession related to the offence committed (for a period ranging from two to five years).