- 1Spain: An attractive country for investment
- 2Setting up a business in Spain
- 3 Tax System
- 4 Investment aid and incentives in Spain
- 5 Labor and social security regulations
- 6 Intellectual property law
- 7Legal framework and tax implications of e-commerce in Spain
- AI Annex I Company and Commercial Law
- AIIAnnex II The Spanish financial system
- AIIIAnnex IIIAccounting and audit issues
- What is a trademark?
- What factors need to be borne in mind to register a trademark in Spain?
- What are the ways of registering a mark in Spain?
- How do you obtain a Spanish trademark?
- What checks does the SPTO conduct when it receives the application?
- How long does Spanish trademark registration last?
- What is an international Trademark?
- How to obtain an international trademark?
- Who can file an international trademark?
- What is an EU trademark?
- Who can file an EU trademark?
- How to obtain an EU trademark?
- What checks does the EUIPO conduct when it receives the application?
- EU… and international trademark?
- How long does an EU trademark last?
- Protection of inventions in Spain
- Plant varieties
- Industrial designs
- What are industrial designs?
- What is novelty and individual character?
- How can you obtain protection in a design?
- How do you obtain a Spanish design?
- How long does a Spanish design last?
- How do you obtain a Community design?
- How long does a Community design last?
- What does an unregistered Community design consist of?
- How do you obtain an international design?
- Topographies of semiconductor products
- Unfair competition
- Trade secrets
- Action against infringement of intellectual property rights
- Appendix I – Reference to official fees for 2021
- Appendix II – Intellectual property conventions
7.1. What is copyright?
Copyright generates various types of rights, economic rights and “moral” rights. Moral rights cannot be waived or assigned and they entitle the author to decide, inter alia, whether his work is to be published and to demand acknowledgement as author of the work. Consequently, economic or exploitation rights can be traded and transferred to third parties.
All literary, artistic or scientific works which are original are protected by copyright, in particular, books, music compositions, audiovisual works, projects, plans, graphics, computer programs and databases. The Copyright Law6 also grants related rights to performers, phonogram producers, producers of audiovisual recordings and broadcasting organizations.
7.2. How do you obtain copyright protection?
In Spain, copyright protection is automatic, since it exists from the very moment the work is created. However, it is also possible to register the work on the Copyright Register in order to obtain stronger evidence vis-à-vis third parties.
The application for registration in the Copyright Registry requires payment of the corresponding fees to the Provincial Registry in question. The time for the Registry to issue a decision is approximately 6 months.
7.3. Who owns the rights?
In Spain, the rights are always owned by the author of the work, unless the work was created in the course of an employment relationship, is a collective work or the rights are assigned to a third party.
7.4. How long does copyright protection last?
Copyright protection is granted for 70 years from the death of the author, where the author is a natural person. For authors deceased before 7 December 1987, copyright protection shall last 80 years from their death. In those cases in which the author is a legal person, the term of protection is 70 years from January 1 of the year following that in which the work was lawfully published, or following the year of its creation, if the work has not been published.
6 In Spain, copyright is governed by Legislative Royal Decree 1/1996 of April 12, 1996. In addition, Spain is party to the Berne Convention for the Protection of Literary and Artistic Works.