IP Protection in the Fashion Industry in Spain

Registering & protecting a fashion brand in Spain helps its owner prevent others from illegally using the original product. So, let’s consider the main points worth keeping in mind when protecting a fashion brand in Spain.

Spain: Launching an Online Store

Launching an online store in Spain requires keeping in mind the following factors:

• sales restrictions;
• pricing constraints;
• adaptation of sales terms, privacy policy & cookie policy ro Spanish legislation;
• online payment tools;
• IP protection legislation;
• packaging & garbage disposal requirements;
• conducting marketing & advertising campaigns.

Online businesses in the Kingdom of Spain are tightly regulated. In some cases, regional legislation may even superseed national laws.

Internet Sales Tax

All goods sold online & offline are subject to VAT whose rate amounts to twenty one percent.

Spain: Protecting a Brand

Various IP rights may be applicable to luxury & fashion products, of which the most notable ones include design rights in the Kingdom of Spain. Registering a TM in the Kingdom of Spain is done by submitting an application with Spain’s Patent & TM Office. Basically, any marks distinguishing products or services may be registered. Also, owners of TMs may register domain names consisting of their TMs & reserve company names containing this brand for their legal entities. 

Spain: Licensing IPR

There’s no specific rules applicable to IPR licensing in Spain’s fashion industry.

Protecting IP Rights in Spain’s Fashion Industry

Spain’s enforcement system is quite solid, with some courts specializing in cases related to IP protection. Also, Spanish law enforcement agencies are highly experienced in handling cases involving counterfeiting, including seizing illegal goods at trade fairs or in ports.

Spain: Protecting Data & Ensuring Privacy

Recent years have seen harmonization of Spanish & EU data protection laws, resulting in elimination of some major differences existing between the two legislative systems.

Innovative Technologies

With AI, face recognition & biometric sensors becoming an everyday reality, Spanish businesses are increasingly looking forward to using these & other technologies for rendering services to their customers. However, this has the potential of creating legal problems, since such technologies aren’t always regulated by the current legislation.

Spain: M&A Deals

Structuring M&A deals in Spain is basically similar to the identical procedure in the EU. It is, therefore, quite common for purchasers of retail chains in Spain to structure M&As as acquisition of shares in the Kingdom of Spain.