<<
>>

Country fiches: Spain

In Spain, general provisions of criminal procedure apply to the investigation and prosecution of the intellectual property crimes. These crime fall under the general rules of jurisdiction. IP crimes are regulated in the Spanish Criminal Code, chapter on Offences relating to intellectual property, the market and consumers. The criminal code provisions shall be applicable together with special laws on various intellectual property rights.

Verified in October 2023

National legislation

National legislation on intellectual property crimes

Copyright violations

Counterfeiting of trademark

Patent violations

Industrial design violations

Articles 273 and 276 of the Spanish Criminal Code

Violations of geographical indications of origin

Articles 275 and 276 of the Spanish Criminal Code

Violations of plant variety rights

Articles 274 and 276 of the Spanish Criminal Code

Trade Secrets violations

National contacts

National contacts

Law Enforcement Agencies

The IP crimes’ investigation fall under the compentence of General Commissariat of Judicial Police and Guardia Civil. Within General Commissariat of the Judicial Police, Central Brigade for the Investigation of Specialized Crime of Central Unit of Specialized and Violent Crime is responsible for the investigation and prosecution of IP crimes. Within Guardia Civil, Economic Crimes Group at Technical Unit of Judicial Police (UTPJ) investigate IP crimes.

Central Brigade for the Investigation

+349 15 822 308; +346 61 749 014

C/Julián González Segador S/N, 28043, Madrid

Comisaría General de Policía Judicial; Policía Nacional 

Economic Crimes Group

+349 91 451 37 05

c/Principe de Vergara 246, Madrid

Guardia Civil 

Prosecution

The prosecution of the IP from fall under the competencies of the Special Prosecutor’s Office against Corruption and Organised Crime.

Special Prosecutor’s Office against Corruption and Organised Crime

+34 915712523

Manuel Silvela, 4, Madrid

Ministerio Fiscal

Judiciary

There are no specialised courts on IP crimes. In civil cases, the IP cases are heard by court of first instance in Alicante. There are two designated divisions of the courts of appeal in Barcelona and in Bilbao that only hear IP matters.

Criminal cases fall under general court system. The general courts are organised in a three-tier system:

  • Provincial Courts;
  • High Courts;
  • National Criminal and Administrative Court;
  • The Supreme Court.

Spanish Courts

List of Spanish courts and their contact details: Ministerio de Justicia - Direcciones y teléfonos

Juzgados y tribunales

Judicial libraries

Judicial libraries

PODER JUDICIAL – JUDICIARY

This is a public and free database. Registration is not required.

C.G.P.J | Servicios | Bibliotecas judiciales | Catálogo colectivo

Selected judgments from:

  • Courts of First Instance and Preliminary Investigation (1st instance)
  • Administrative Courts (1st instance)
  • Provincial Courts (2nd instance)
  • High Courts of Justice (2nd instance)
  • Supreme Court (3rd instance).

Other available resources:

  • information and news concerning Spanish courts, by region,
  • access to the collective catalogue of judicial libraries,
  • access to judicial publications.
<<
>>