- 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
8.1. What does unfair competition consist of?
Any conduct objectively contrary to good faith is deemed to be unfair. The amendments introduced by Law 29/2009 significantly extend the scope of consumer protection, whereby in relations between businesses or professionals and consumers, there are two requirements for behavior to be deemed unfair: that the behavior of the business or professional be contrary to professional diligence and capable of significantly distorting the economic behavior of the average consumer. Intellectual property can often be protected via unfair competition legislation.
8.2. What acts are deemed unfair?
Unfair competition torts include acts of confusion, misleading acts and omissions, aggressive acts, acts of denigration, comparison, imitation, exploitation of a third party’s reputation, violation of trade secrets, incitement to breach of contract, infringement of laws relating to discrimination and selling at a loss. The 2009 reform also considers the breach of industry codes of conduct to which businesses have freely adhered, an act of unfair competition.
Unfair competition regulations also include the protection of know-how by deeming unfair the disclosure or exploitation, without the consent of their proprietor, of industrial or business secrets obtained lawfully, in the understanding that they would be kept confidential.