Essential definitions of intellectual and industrial property law in Spain and the EU: copyright, trademarks, patents, designs, trade secrets, licences and more. Legal reference with statutory sources.
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This glossary collects the essential terms of intellectual and industrial property law in Spain and the European Union, with definitions based directly on the applicable legislation. Each entry includes the statutory reference to facilitate direct consultation of the legal sources.
Broad term encompassing all legal rights arising from intellectual and creative activity. In the EU and Spain, it divides into two main branches: copyright (protecting literary, artistic and scientific works) and industrial property (covering trademarks, patents, industrial designs and utility models). Both branches coexist and complement each other in protecting a company's intangible assets.
Set of rights automatically granted to the creator of an original literary, artistic or scientific work, requiring no registration or formality. Comprises moral rights (authorship, integrity, disclosure, withdrawal) and economic rights (reproduction, distribution, public communication, transformation). In employment relationships, economic rights may vest in the employer for works created within the scope of employment. Duration: author's life plus 70 years.
Any original literary, artistic or scientific creation expressed in any medium or format. Originality is the essential requirement: the work must reflect the author's personal creative expression. Protected works include writings, musical compositions, audiovisual works, sculptures, architecture, computer programs, original databases, photographs and derivative works (translations, adaptations, arrangements). The merit or purpose of the work is irrelevant to protection.
Inalienable, non-waivable and imprescriptible rights that permanently link the author to their work. They include the right of disclosure (deciding whether and how the work is published), the right of paternity (requiring authorship attribution), the right of integrity (objecting to modifications that harm the author's honour or reputation), and the right of withdrawal (removing the work from circulation). Moral rights cannot be assigned or transferred during the author's lifetime.
Exclusive economic faculties allowing the rights holder to exploit a work and obtain remuneration. Include reproduction (copying in any medium), distribution (making copies available), public communication (performance, broadcast, interactive making available) and transformation (translation, adaptation, arrangement). Unlike moral rights, economic rights are transferable and licensable. They expire 70 years after the author's death, after which the work enters the public domain.
Legal status of a work once the copyright protection period has expired (70 years post mortem auctoris), or where it was never subject to protection. Works in the public domain may be freely reproduced, distributed, communicated and adapted by anyone without authorisation or royalty payment. However, moral rights (attribution and integrity) remain enforceable even after a work enters the public domain.
Legal act by which the rights holder (assignor) transfers the ownership of intellectual or industrial property rights, in whole or in part, to another party (assignee). Unlike a licence, an assignment transfers actual ownership of the right. Copyright assignments must be in writing. Critical in contracts with freelancers, developers and creative agencies to ensure that the commissioning company actually owns the IP assets created.
Contract by which the IP rights holder (licensor) authorises another party (licensee) to exercise certain faculties over the right without transferring ownership. Licence terms are freely negotiated as to subject matter, scope, territory, duration, exclusivity and remuneration. An exclusive licence prohibits the licensor from granting further licences for the same subject matter; a non-exclusive licence allows multiple licensees to coexist.
Any sign capable of being represented in the register that serves to distinguish the goods or services of one company from those of others. May consist of words, names, letters, numerals, colours, shapes of goods or packaging, sounds, or other combinations. To be registrable, a trademark must be distinctive, non-descriptive of the goods/services, non-deceptive and not contrary to public policy. Registration confers the exclusive right to use the mark in the territory for the registered goods/services.
A trademark registered with the European Union Intellectual Property Office (EUIPO) in Alicante, providing unitary protection across all EU Member States through a single application and procedure. Valid for 10 years and indefinitely renewable. The most cost-effective option for businesses operating across multiple EU countries. Co-exists with national trademark systems and the Madrid System (WIPO) for international registration.
The European Union Intellectual Property Office (EUIPO), headquartered in Alicante, Spain, is the EU agency responsible for registering and managing EU trademarks and Community designs with unitary effect across all Member States. A2 Estudio Legal has been recognised as one of the Top 25 representatives before the EUIPO on four separate occasions. EUIPO also manages opposition, invalidity and cancellation proceedings and publishes the public eSearch Plus database.
The Spanish Patent and Trademark Office (OEPM, Oficina Española de Patentes y Marcas) is the Spanish public body, under the Ministry of Industry, responsible for granting and maintaining industrial property rights in Spain: trademarks, trade names, patents, utility models and industrial designs. It is the entry point for registrations effective only in Spain. Final decisions of the OEPM are appealable before the Provincial Courts (Audiencias Provinciales), in most cases.
The international classification of goods and services for the purposes of registering trademarks, established by the Nice Agreement of 1957 (Geneva Act 1977, amended 1979) and administered by WIPO. Comprises 45 classes: 34 classes of goods (classes 1-34) and 11 classes of services (classes 35-45), with an alphabetical list of more than 11,000 indications. Published in periodically updated editions (12th Edition in force since 2023). Mandatory in trademark registration proceedings before the OEPM, EUIPO and the Madrid System (WIPO). Correct class selection is critical: filing in the wrong classes can leave the mark without effective protection for key goods/services or generate unnecessary costs.
An industrial property title granting the holder exclusive rights to exploit an invention for up to 20 years from the filing date, in exchange for full public disclosure of the invention. Requirements: novelty (not part of the prior art), inventive step (not obvious to a person skilled in the art) and industrial applicability. In Europe, patents may be filed nationally (OEPM/Spain), via the European Patent Office (EPO) or, from 2023, as a Unitary Patent covering most EU Member States.
Industrial property right similar to a patent but protecting minor inventions that give an object or product a configuration, structure or constitution resulting in a practically appreciable advantage for its use or manufacture. Lower inventive step threshold than patents. Maximum protection of 10 years. Does not protect processes or methods. Particularly useful for product innovations that do not meet the full inventive step bar of a patent.
Industrial property right protecting the visual appearance of all or part of a product, including characteristics of lines, contours, colours, shape, texture, materials or ornamentation. Registrable if novel and having individual character. Duration up to 25 years (five 5-year periods). Unregistered Community Designs are automatically protected for 3 years upon first disclosure in the EU—useful for sectors with rapid design cycles. Interfaces (UI) may also qualify for design protection.
Any information or knowledge (technical, scientific, industrial, commercial, organisational or financial) that is secret (not generally known or accessible to experts), has commercial value by virtue of being secret, and over which its holder has taken reasonable steps to maintain confidentiality. Protection covers unlawful acquisition, use or disclosure. No registration required. The preferred tool for protecting AI algorithms, datasets and processes that companies do not wish to disclose through a patent filing.
A body of practical and technical knowledge, secret in nature, substantial and identifiable, resulting from the experience of the holder, necessary for the manufacture of a product, the application of a process or the rendering of a service. Protected as a trade secret and typically transferred through know-how licence agreements or franchise contracts. Unlike patents, protection has no fixed term and lasts as long as the information remains confidential.
Computer programs (source and object code) are protected as literary works by copyright, automatically from creation, without registration. If created by an employee within the scope of their employment, economic rights vest in the employer, although this should be documented. Graphical user interfaces may also qualify for design protection. Algorithms may additionally be protected as trade secrets, or in some jurisdictions as computer-implemented inventions (patents) where they produce a technical effect beyond the normal physical interactions of running a program.
Open source software is software distributed under a licence that, according to the Open Source Initiative (OSI), meets 10 criteria: free redistribution, access to source code, allowance of modifications and derived works, integrity of the author’s source code, non-discrimination against persons or groups, non-discrimination as to fields of endeavour, licence distribution, non-product-specific licence, no restriction of other software and technology neutrality. Distinct from “free software” as defined by the Free Software Foundation (FSF), which emphasises four essential user freedoms (use, study, modify and distribute). Both concepts are grouped under the acronym FOSS (Free and Open Source Software). The use of open source components in commercial products or AI systems has significant IP and licence compliance implications.
A licensing technique based on copyright law by which the rights holder grants permission to use, copy, modify and distribute a work, on the condition that derivative or modified works are distributed under the same licence terms—ensuring the work and its derivatives always remain in the free software domain. Concept developed by Richard Stallman in the context of the GNU GPL. Distinctions: strong copyleft (GPL: all derivative works must be GPL-licensed), weak copyleft (LGPL, MPL: only directly modified files are subject to copyleft), and network copyleft (AGPL: remote network access triggers source code disclosure obligations). Central to software component audits and licence compatibility analysis.
A system of standard public licences created in 2001 by Creative Commons (CC) that allows authors of copyright-protected works to communicate which uses they authorise to the public in a legally sound and straightforward way. There are six standard CC licences combining four conditions: BY (attribution required), SA (ShareAlike/copyleft: derivatives must carry the same licence), NC (non-commercial uses only) and ND (no derivative works permitted). Additionally, CC0 is a public domain dedication tool. CC licences are widely used for digital content, open-access scientific publications, open data and AI training datasets. They are not suitable for software (OSI-approved licences should be used instead).
Databases benefit from two overlapping protection regimes in the EU: (1) copyright protection, if the selection or arrangement of contents constitutes the author's own intellectual creation; (2) the sui generis database right, which protects the maker's substantial (financial, human or technical) investment in obtaining, verifying or presenting the contents, for 15 years—regardless of originality. Particularly relevant for companies generating AI training datasets.
Any act of exploiting an intellectual or industrial property right (reproduction, distribution, trademark use, patent manufacture, etc.) without the rights holder's authorisation and without an applicable legal exception. Legal consequences include: immediate cessation of the infringing activity, damages (including lost profits and the infringer's profits), publication of the judgment, and, in serious cases, criminal liability under Arts. 270-277 of the Spanish Criminal Code.
Comprehensive review of a company's intellectual and industrial property portfolio, typically conducted in M&A transactions, investment rounds or pre-contractual due diligence. Covers: chain of title and ownership, validity and scope of registrations, inbound and outbound licences, pending litigation, third-party infringement risk (Freedom to Operate analysis), and exposure of AI training data. Critical for tech startups ahead of a Series A or Series B fundraising.
Contract by which one or both parties undertake not to disclose confidential information (trade secrets, technology, business plans, client data) to unauthorised third parties, for a specified period and with the agreed scope. The primary line of defence for trade secrets and know-how in negotiations, collaborations, employment relationships and technology development agreements. Breach may give rise to civil liability and, in serious cases, criminal liability.
Economic consideration paid by the licensee to the IP rights holder in exchange for the authorised use of the right. May be calculated as a percentage of net sales or revenues (ad valorem royalty), a fixed sum per unit produced or sold, or a lump-sum payment. The type and structure of royalties is a matter of commercial negotiation and has significant tax implications (transfer pricing rules for multinational groups, OECD BEPS guidelines).
Legal procedure seeking the annulment of a trademark, design or patent registration on grounds of invalidity provided by law (bad faith, lack of distinctiveness, descriptiveness, prior rights, incorrect proprietorship, etc.). May be initiated before the competent IP office (OEPM, EUIPO, EPO) or the courts, in counterclaim proceedings. A mark or patent declared invalid is deemed never to have existed, with retroactive effect (ex tunc) from the date of registration.
Legal analysis conducted prior to the commercial launch of a product or technology to determine whether any third-party industrial property rights (valid patents, registered designs, trademarks) could be infringed. FTO identifies risks, quantifies their likelihood and suggests mitigation strategies (designing around the patent, taking licences, challenging validity). Particularly critical before launching a tech product, raising investment or entering new geographic markets.
Quality signs that identify a product as originating from a specific place, region or country where a given quality, reputation or other characteristic is essentially attributable to its geographical origin. A Protected Designation of Origin (PDO) requires all production, processing and preparation to take place in the defined area; a Protected Geographical Indication (PGI) requires at least one stage to take place there. Registered with the European Commission with EU-wide effect.
Contract by which the copyright holder of a computer program authorises its use by a third party under restrictive conditions that typically include: prohibition of copying, distribution, modification or reverse engineering, limitation of the number of users or devices, and exclusion of warranties. Unlike free software, the user does not acquire modification or redistribution rights. Most commercial software is licensed under this model. The licence is governed by the provisions of the Spanish Copyright Act (LPI) on computer programs (Art. 96) and by the contract between the parties.
Work resulting from the transformation of a pre-existing work, such as a translation, adaptation, arrangement, revision, update or any other modification that constitutes an original creation. The author of the derivative work has rights over their original contribution, but needs authorisation from the original work's rights holder to exploit it. Translations, film adaptations of novels, musical versions of poems and reuses of open-source code under copyleft licences are examples of derivative works.
Work created on the initiative and under the coordination of a natural or legal person who edits and publishes it under their name, in which the contributions of the various authors merge into a single, inseparable creation where it is not possible to attribute to each author a distinct right over the whole. The ownership of exploitation rights belongs to the person who edits and publishes it. Examples: encyclopaedias, dictionaries, databases compiled by a publisher, software developed by a team under a company's direction.
Work created jointly by several authors whose rights over the work belong to all of them in proportion to their respective contributions, unless otherwise agreed. Exploitation of the work requires agreement between the co-authors, and each may demand that the work be disclosed in the form agreed. If the contributions are distinguishable, each author may exploit their contribution separately, provided it does not prejudice the exploitation of the common work. It differs from a collective work in that co-authors retain identifiable individual rights.
Principle by which, once the first sale or transfer of use of a copy of the work has taken place within the European Union by the rights holder or with their consent, the distribution right over that copy is exhausted and allows resale or subsequent transfer without further authorisation. Exhaustion only applies to tangible copies (books, records, DVDs) and not to online interactive making available (streaming, digital download), which continues to require authorisation. The CJEU confirmed that exhaustion does not apply to digitally downloaded software licences (UsedSoft case, 2012).
Forced licence granted by the competent authority allowing a third party to exploit a patent without the holder's consent, when the holder refuses to grant a voluntary licence on reasonable terms and legal requirements are met: dependency on earlier patents, public interest (public health, national emergencies), or anticompetitive practices. The holder is entitled to adequate remuneration. In Spain, compulsory licences are regulated by the Patents Act 24/2015 and require justification before the OEPM. Internationally, the TRIPS Agreement allows them under specific circumstances (Art. 31).
Mechanism by which a patent granted by the European Patent Office (EPO) takes effect in Spain upon filing the Spanish translation of the patent text (description, claims and drawings) with the OEPM within 3 months of the mention of grant in the European Patent Bulletin. There is no "unitary patent" of the EU with automatic effect in all countries; each designated Member State requires national validation. The validated European patent has the same effect and duration (20 years) as a Spanish national patent.
The utility model protects inventions with a lower inventive threshold than a patent, providing faster and cheaper protection but shorter duration (10 years vs 20 years for a patent). It does not require prior substantive examination (novelty and inventive step examination) unlike a patent, which speeds up grant. It is suitable for incremental improvements of practical-use objects (tools, devices). It does not protect processes, manufacturing methods or chemical compositions. Both titles coexist and may be accumulated for the same invention.
Use in the course of trade, without the holder's consent, of a sign identical or confusingly similar to a registered trademark for goods or services identical or similar to those covered by the registration. The holder may bring civil actions (injunction, damages, publication of the judgment) and criminal actions (industrial property offence if there is intent and the infringement is serious). Use includes applying the sign to goods, offering them, marketing them, importing them, or using it in commercial documents, advertising or digital platforms.
Administrative procedure before the OEPM (Spain) or EUIPO (EU) by which a third party with prior rights (earlier registered trademark, well-known unregistered trademark, trade name, designation of origin, personality right) requests the refusal of a trademark application. The opposition period is 2 months from publication of the application (Spain) or 3 months (EUIPO). The opposition must be based on legal grounds (likelihood of confusion, notoriety, identity or similarity). The applicant may respond and, where appropriate, limit the trademark to avoid the opposition.
Loss of trademark rights due to lack of genuine use or other legal grounds. A trademark is revoked if it has not been put to genuine use in Spain (or the EU for EUTMs) for an uninterrupted period of 5 years from registration, unless there are proper reasons for non-use. It is also revoked if it becomes the generic designation of the product, if it misleads the public about the nature, quality or geographical origin, or if it is not renewed on time. Revocation must be declared through administrative or judicial proceedings; it does not operate automatically.
Automatic protection that arises when a design is first made available to the public within the European Union, without the need for registration. It protects the appearance of a product (lines, contours, colours, shape, texture, materials) against intentional copying. Its duration is 3 years from the date of disclosure to the public in the EU. It is less robust than the registered design (which lasts 5+5+5 = 15 years renewable) because the holder must prove that the copying was intentional and that the design has individual character and novelty.
System administered by the World Intellectual Property Organization (WIPO) that allows the holder of a trademark application or registration in a Madrid Agreement member State to obtain protection in several countries through a single international application, in a single language and paying a single fee. The international application is filed through the office of origin (OEPM in Spain) and WIPO transmits it to the offices of the designated countries, which have 12-18 months to refuse protection. The system is efficient for trademark strategies with a presence in multiple countries. Spain is a member of both the Madrid Agreement and the Madrid Protocol.
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