Intellectual property: Copyright in Spain

Baker McKenzie

Baker McKenzie‘s intellectual property group continues to solidify its standing amongst the top players in the market, sourcing from a global network to provide ‘proactive advice‘ on copyright management and protection, with the media, fashion, IT, food and beverage, banking and pharmaceutical industries constituting key sectors. The team, led by Madrid-based partner José María Méndez and Cristina Duch in Barcelona, is also active in unfair competition litigation and anti-counterfeiting. Working alongside Méndez in Madrid, María Dolores Garayalde is noted for portfolio management.

Other key lawyers:

María Dolores Garayalde

Testimonials

‘The strengths of the area are continuous and proactive advice so that the company can anticipate possible legislative changes or detection of management gaps that help to be more competitive.’

‘The qualities are humble, simple and clear communication, so that conversations are more fluid and directed towards a common goal.’

Key clients

Ralph Lauren Europe

Work highlights

  • Represented Ralph Lauren in connection to various matters relating to its well-known trade marks.

Clifford Chance

With an international network of offices to rely on for additional expertise, the renowned Clifford Chance‘s IP team offers comprehensive advice on licensing, market strategy, infringement and litigation in relation to copyright issues. Sought by clients operating in a wide variety of sectors, the firm is retained by national and multinational consumer goods, retail, biotechnology, media, pharmaceutical, telecoms and industrial companies. Seasoned IP expert Miquel Montañá leads the Barcelona-based practice, with extensive experience in IP dispute resolution. Josep Montefusco, co-head of the firm’s tech practice, supports the team in litigation, unfair competition and advertising law, with senior associate Juan Cuerva de Cañas also noted.

Practice head(s):

Miquel Montañá

Key clients

Sixth Street

ILovePdf

Nippon Telegraph and Telephone Corporation

Tencent

Abanca

Key Capital Partners

Nikken Sekkei

Nord Anglia Education

HILTI Corporation

Lilly

Barcelona City Council

Work highlights

  • Advised Sixth Street on the acquisition of a 10% share of F.C. Barcelona’s LaLiga audiovisual rights for 25 years.
  • Advised the promoters of the European Super League on the design of the structure of (i) copyright and (ii) audiovisual rights.
  • Advised Abanca on the acquisition of Novo Banco in Spain, including handling all copyright and IT issues resulting from the acquisition.

Cuatrecasas

Cuatrecasas houses a market-leading team in the intellectual property market, with key areas of work including infringement claims, litigation proceedings for the protection of intangible rights, licensing, technology transfers, regulatory compliance and data protection. Benefitting from a global network, it is a key name to note amongst leading national and international corporates seeking advice on a wide variety of copyright issues. The team is co-led by Albert Agustinoy in Barcelona and intangible protection and transfer expert Álvaro Bourkaib in Madrid, with the team regularly retained by a mix of companies in the digital economies, life sciences, food and beverage, manufacturing, automotive, and gaming and gambling industries. Other standout practitioners include Jorge Llevat, an IP litigation specialist, and Alejandro Negro, covering IP, data protection and issues relating to new technologies. Additions to the team include Rafael Sánchez Aristi, who joined the firm in October 2021.

Key clients

Apanqura

Betfair

Junta Constructora Temple Expiatori de la Sagrada Familia

Groupon Spain

Ibid Group

Iberian Sports Retail Group

Adevinta

Nostromo

Universidad Politécnica de Madrid

Spanish State Lotteries

Work highlights

  • Advised Apanqura on acquiring a music catalogue.
  • Representing Adevinta in proceedings concerning acts of unfair competition and infringement of copyrights on an online job portal.
  • Advising on the IP assets of the Sagrada Familia, detecting contingencies, proposing and implementing solutions, and analysing and proposing improvements.

Garrigues

The intellectual property practice at Garrigues remains a standout player, characterised by a ‘high level of knowledge‘, leveraged to assist internet platforms, content providers, sports organisers as well as leading companies in the fashion, retail and automotive industries. Apart from its sizeable offering, which encompasses infringement actions, database rights, image rights, reputation rights, preliminary injunctions and licensing, recent areas of growth for the firm include audiovisual, AI, augmented reality and software matters. IP and digital business reference and ‘excellentCarolina Pina, based in Madrid, heads the team alongside expert prosecutor João Miranda de Sousa in Lisbon, backed by Cristina Mesa, an ‘outstanding‘ lawyer in technology matters, and principal associate Antonio Muñoz, who is focused on art and entertainment law issues. Ricardo López Alzaga is another key contact from the associate ranks.

Testimonials

‘Their strengths are a high level of knowledge, empathy with the client, availability, level of detail and knowledge about the client.’

‘They stand out for their symbiosis with the client, they know them perfectly and are always available, they are highly qualified and make them feel like a “VIP client”. 

‘Carolina Pina and Cristina Mesa are outstanding.’

‘Great team, creative, reliable, friendly and practical. They provide exquisite treatment and the problems raised are solved satisfactorily.’

‘Carolina Pina is an excellent attorney. Not only does she dominate the subject but she knows the market standards and offers a plus. She clearly stands out for her market knowledge.’

‘High-level expertise in the subject matter, highly responsive and cooperative.’

Key clients

Netflix International

Javier Calleja

World Productions

Wuolah

Ikiru Films

Manifiesto

Punto De Vista Editores

Red Bull

Karigam New York

Cmz Machinery Group

Work highlights

  • Defending Netflix from a claim by Laureano Oubiña based on the release of the TV series Fariña.

Bird & Bird

Bird & Bird houses a sizeable team of IP practitioners with knowledge of the communications and life sciences sectors, acting for major software, pharmaceutical, biotech and R&D facilities in a range of issues. Such matters include infringement claims, complex litigation, the protection of rights in musical works, and collecting societies. At the forefront of these efforts are José Miguel Lissén and Mariano Santos, notable in litigation and information technology matters, respectively. Trade secrets expert Antonio Cueto is also noted alongside IP specialist Manuel Lobato and associates Maria Fernandez and Marta Arteaga, the latter of whom joined from Baylos in February 2022.

Testimonials

‘A very diverse team with high legal knowledge in specialty issues.’

‘All excellent professionals with solid legal training, but very commercial at the same time.’

‘Immediacy, closeness, efficiency.’

‘Antonio Cueto provides total confidence and professionalism.’

Key clients

Wolters Kluwer

ECIJA

With an integrated team spread across 57 offices globally, ECIJA‘s IP expertise is sought out by private entities and public authorities; key areas of work include market strategy, audiovisual content distribution, copyright creation and regulatory compliance. Notable figures in the practice include founding partner and chairman Hugo Écija, focused on the media and new technologies sectors; managing partner Alejandro Touriño, an expert in IT law, intellectual property, innovation and entrepreneurship law; and Cristina Villansante, a key contact for digital transformation projects. Joining from DA Lawyers, José Antonio Suárez and Helena Suárez are also key contacts at the firm. Elena Ordúñez is another recent arrival, joining from PONS IP.

Testimonials

‘The most special feature of the Écija Team is that, despite being an external and independent company, they work as part of the client’s staff.’

‘They eliminate the distance by becoming part of my company’s team. One of their best qualities is that they are “deal-makers”, trying to reach the best deal but being sensitive and with a certain empathy.’

‘Availability, closeness, personal treatment, knowledge and professionalism.’

Key clients

Iberdrola

Pernod Ricard

SGAE General Society of Authors and Editors

Mercedes Benz

Santander Bank

H&M

McDonnalds

Segurcaixa Adeslas

Sky TV

LVMH

Orange

ING Bank

LG Electronics

Porsche

Huawei

Vodafone

Facebook

Coca-Cola

Work highlights

  • Representing Orange in an audiovisual tariff regulation procedure against EGEDA.
  • Advising Louis Vuitton Moët Hennessy to expand its international presence through the opening of branded stores in new territories and the launching of an e-commerce branded channel to distribute LOEWE´s products to final consumers.
  • Advising Huawei in connection with the launching in Spain of the first Huawei-owned flagship store.

Elzaburu

Elzaburu is recognised for its multidisciplinary approach, offering services across a broad spectrum of copyright matters including the purchasing of rights, the negotiation of royalties, licensing agreements, dispute resolution, regulatory compliance and antipiracy. The firm exhibits a strong focus on the entertainment industry, advising both national and international clients with links to theatre, motion picture, television and live shows. Antonio Castán, who also heads the firm’s litigation offering, leads the practice alongside legal and business leader Javier Fernández-Lasquetty and Mabel Klimt, who was recently promoted to managing partner and is recommended for audiovisual media productions.

Other key lawyers:

Juan José Caselles

Testimonials

‘Elzaburu handles all matters efficiently. Options as to future action are clearly set forth. They are very diligent in notifying of pending action.’

‘Juan José Caselles is competent and provides efficient management of anti-counterfeiting efforts.’

Key clients

MGA Entertainment

Pokeepsie Films

Impacto Films

Work highlights

  • Represented Viacom International and Spin Master in an action against three local companies producing live shows that were considered a copycat of the “Paw Patrol” TV series.
  • Advising Pokeepsie in the negotiations and IP matters for the second season of the series “30 coins-30 monedas” for the HBO platform.

Grau & Angulo

With over 30 active practitioners spread across the country, boutique firm Grau & Angulo‘s expertise extends to a variety of matters encompassing design and copyright litigation, domain names, licensing, unfair competition and anti-counterfeiting. IP transactional expert Ignacio Marqués leads the group from Barcelona, which is often sought by clients in the automotive, entertainment, telecoms, healthcare and fashion industries. Maite Ferrandiz, a key figure in IP litigation is noted alongside Sonia Santos, active on the cross-border front for both litigation and advisory work.

Practice head(s):

Ignacio Marqués

Other key lawyers:

Maite Ferrandiz; Sonia Santos

Key clients

Stokke

Ekornes ASA

Consultorio Dexeus

Moët & Chandon

Maisons du Monde

Red Paddle

Proludic

Work highlights

  • Representing Maisons Du Monde against a Spanish company concerning a desk chair which infringes the former’s copyright and design.
  • Representing Josep Maria Raventós I Blanc regarding a claim brought by a sculptor who alleged that a monument of an ancient oak tree on the client’s estate was plagiarism.

Gómez-Acebo & Pombo

Gómez-Acebo & Pombo is a well-known name in the intellectual property space, with a client roster featuring household name nationral and international companies, for which the firm offers full support in contractual, regulatory, transactional and litigation matters. Apart from infringement proceedings, settlement negotiations, advertising strategies and interim injunctions, the firm has recently seen an uptick in work related to emerging technologies, an area in which it is well placed to assist thanks to its G_AP metaverse initiative, an AI-powered channel. Jesús Muñoz-Delgado, who is well versed in technology transfers, heads these efforts alongside litigation specialist Sofía Martínez-Almeida in Madrid, supported by senior associate Bárbara Sainz De Vicuña and Barcelona-based associate Anna Viladás Jené.

Key clients

Nintendo

Vaughan Systems

Entertainment One UK

Ecoembalajes España

Ziclacities

Grupo Lamosa

Ampere Power Energy

Distrito Castellana Norte

Work highlights

  • Advising Nintendo regarding its global legal strategy for the design, protection and enforcement of its copyright and related rights in Spain.
  • Provide ongoing advice to Distrito Castellana Norte regarding copyright and digital matters.
  • Advising both Searchlight Capital Partners and Invesco Secured Management as first and second ranking creditors in the recapitalisation of the Mediapro’s Group.

HOYNG ROKH MONEGIER

The intellectual property group at HOYNG ROKH MONEGIER is a key name in the market for cross-border IP litigation, and its areas of expertise extend to regulatory compliance, blocking orders and multi-jurisdictional licenses. Renowned litigator Juan José Marín and entertainment law specialist Franz Ruz share leadership of the practice, combining experience in a range of IP matters to spearhead the firm’s offering in this space. Associate Ignacio Paz-Ares supports the team, focusing on the start-up ecosystem and emerging trends. Among the firm's key clients are a variety of high-profile multinational companies in the food and beverage, music, entertainment and tobacco industries.

Practice head(s):

Juan José Marín; Franz Ruz

Other key lawyers:

Ignacio Paz-Ares

Santiago Mediano Abogados

Santiago Mediano Abogados offers a tailored approach to clients in the media and entertainment industry, focusing on copyright and trade mark litigation, with a further emphasis on the protection of intangible assets and internationalisation projects. Santiago Mediano, a founding partner and IP specialist, heads the team, which is made up of Raúl Bercovitz, an expert negotiator and pre-litigation advisor, dispute resolution specialist Francisco Arroyo and associate Manuel García Espín. The group’s client portfolio includes a mix of high-profile companies in the media, transport and retail sectors.

Practice head(s):

Santiago Mediano

Key clients

Centro Nacional de Investigaciones Oncológicas

Uría Menéndez

The ‘exceptional‘ intellectual property practice at Uría Menéndez showcases expertise in both an advisory and litigious context, acting in purchase agreements, regulatory compliance, infringement claims, administrative proceedings and counterclaims. The firm attracts clients from a wide range of sectors thanks to its ‘impeccable‘ advice, including from the chemical, pharmaceutical, biotechnological, healthcare, cosmetic and general consumer goods industries. An experienced litigator in commercial matters and unfair competition, Carles Vendrell and Montiano Monteagudo, who acts in a range of IP, IT and unfair competition matters, lead the practice from Madrid and Barcelona, respectively. Working alongside Monteagudo in Barcelona, ‘top notch lawyer‘ and counsel Francisco Javier García receives praise for his broad knowledge of IP issues. In October 2021, the firm saw the departure of Rafael Sánchez Aristi.

Other key lawyers:

Francisco Javier García

Testimonials

‘Uría Menéndez is an exceptional firm and you know the advice is going to be impeccable. Above all, it is the reliability that it transmits.’

‘Francisco Javier García Pérez is a top notch lawyer.’

Key clients

Telefónica de España

Bioiberica

Kukuxumusu Ideas

Atresmedia

Loewe

LaLiga Entertainment

Spotahome

Work highlights

  • Advised AERC on proceedings before the Spanish Copyright Board against a collective management organisation to determine the applicable tariffs for the use of specific types of content in radio programmes.
  • Advised Kukuxumusu Ideas in a copyright case before the Supreme Court related to the scope of exploitation rights.

Jacobacci Abril

The integrated entertainment department at Jacobacci Abril is derived from a merger with Italian firm Jacobacci & Partners and Abril Abogados, finalised in 2022. Key areas of work for the group include collective licensing, infringement claims, unfair competition and adaptive strategies. The team is jointly led by Ignacio Temiño and Ruben Canales in Madrid, who are experts in IP litigation and the TMT sector, respectively. Also recommended, Valencia-based partner Salvador Diaz is as a prosecution and strategy specialist.

Practice head(s):

Ignacio Temiño; Ruben Canales

Other key lawyers:

Salvador Diaz

Testimonials

‘A lot of business orientation, a lot of experience that they bring to the specific case, adaptability, speed.’

‘Ignacio Temiño is an excellent lawyer, but he is also generous, kind, and attentive so it is a pleasure to have the opportunity to deal with him.’

Key clients

Netflix

AMC+

Ediciones Sm

Yoigo Masmovil

Epic Games

Tiktok

Hearst

Warner Bros Discovery

Stage

Cedro

CMS Albiñana y Suárez de Lezo

The intellectual property and digital business offering at CMS Albiñana y Suárez de Lezo focuses on copyright, software and digital technologies, with notable expertise in IP litigation. Apart from advising clients in the media, tech, entertainment, e-commerce and banking sectors, the firm is also regularly sought by clients in the life sciences and healthcare sector; the firm is capable in a range of transfer agreements, software licensing, outsourcing agreements, publishing contracts and the assignment of film rights. IP litigator María González Gordon stands at the helm of the department, overseeing senior associate Ricardo Gómez-Barreda, who is active across the spectrum of contentious and non-contentious work.

Practice head(s):

María González Gordon

Other key lawyers:

Ricardo Gómez-Barreda

Testimonials

‘They are strong in collaborative work and in the use of digital tools.’

‘Excellent personal treatment and good dedication and knowledge.’

‘Total collaboration and availability, closeness and professionalism.’

‘The team and especially Maria González Gordon are people who generate trust and offer quick, reasoned and very practical solutions.’

Key clients

Atresmedia

Audible

Sabadell Information Systems

Cameron Mackintosh Limited

Banco Sabadell

CBRE

Squirrel Media

Roku

Fortum

Ford

Solera

Audatex

Gmp Property SOCIMI

Work highlights

  • Successfully represented Atresmedia before the ECJ regarding the absence of the obligation for broadcasters to pay remuneration rights of synchronised phonograms in broadcasted audiovisual works.
  • Advising Audible on the drafting and negotiation of over 200 licence and distribution agreements with authors and publishers in Spanish to be included on the platform.
  • Advice SABIS on the drafting of an outsourcing agreement to be used as a basis for negotiations and contracting with potential service providers.

Eversheds Sutherland

With a global network of over 60 offices to draw from, Eversheds Sutherland‘s entertainment, media and IT group is often retained to represent multinational companies in royalty disputes, plagiarism claims, and issues arising from breaches of publishing contracts. The Spain-based team, led by Vicente Arias, whose practice encompasses design strategies, intangible asset protection and the acquisition of technological content, is highly sought by clients in the music and audiovisual sectors. Associate Lara Barrasa is also noted for her focus on new technologies.

Practice head(s):

Vicente Arias

Other key lawyers:

Lara Barrasa

Key clients

Sony ATV Music Publishing

SM Publishing Spain

Warner Music Spain

Emi Music Publishing

Warner Chappell Music Spain

Wise Music

Kobalt Music Group

VSI Sonigraf

Pérez-Llorca

The intellectual property and technology department at Pérez-Llorca demonstrates its capabilities in copyright matters by offering a multidisciplinary approach covering trade secrets, distribution agreements, regulatory compliance, software development agreements and image rights. Led by technology and intangible assets expert Andy Ramos Gil De La Haza, who was promoted to the partnership in January 2022, the team’s client portfolio features multinational technology, pharmaceutical, entertainment, luxury goods and software companies. Backing these efforts is associate Andrea Sánchez, who is focused on new technologies and privacy issues. In September 2021, IP litigation specialist Eduardo Castillo joined the firm, followed by the arrival of Rais Amils in January 2022; the firm also hired Raúl Rubio from Deloitte Legal in January 2023.

Practice head(s):

Andy Ramos Gil De La Haza

Key clients

Asociación Española de Videojuegos

Asociación Española de Video On Demand

ÁlamoConsulting

Bimbo Donuts Iberia

Custom Implants

Filmin

Eterlast

Vodafone

Globalvia

Work highlights

  • Advised Asociación Española de Video-On-Demand on author rights, copyright and audio-visual law matters.
  • Advised Asociación Española de Videojuegos (AEVI) on regulatory issues, copyright and advertisement matters.
  • Advised Globalvia on each of its projects’ intellectual property rights, specifically copyrights and trade secrets.

Baylos

The well-established intellectual property department at Baylos divides its expertise into three pillars, covering transactional, litigation and strategy advice, acting for a client base of major companies in the entertainment and food and beverage industries. Led by David Gómez, key areas of work include infringement advice, cross-border litigation and portfolio management. The team also includes Juan Luis Gracia, a cross-border IP specialist; dispute resolution expert Pedro Merino Baylos; and Fernando Rodríguez, whose focus lies in prosecution and litigation.

Practice head(s):

David Gómez

Key clients

ITV

DLA Piper

DLA Piper‘s IP and technology group is led by Diego Ramos, who spearheads the firm’s offering in relation to technology and privacy law. As a popular choice for clients in the telecoms, media, pharmaceutical and tech sectors, the firm is often retained to advise in litigation and strategy, with registration, licensing, enforcement and infringement claims at the forefront of this offering. Paula González De Castejón supports the team in a data protection, gaming and e-business context.

Practice head(s):

Diego Ramos

Key clients

Openbank

Trumpf

Little Caesars

LEGO

Square

Pfizer

Work highlights

  • Advised Openbank on the development and use in the online environment of software items and other copyrighted items.
  • Represented Trumpf in the purchase and development of a suite of award-winning industrial software applications.
  • Advised Lego regarding IP licensing, labelling, sponsorship and regulatory matters in connection with the opening of the new flagship of LEGO in Barcelona City.

Pedro Alemán Abogados

Boutique firm Pedro Alemán Abogados demonstrates a significant focus in the media industry, with a ‘top-level team‘ sought by renowned film and television production companies. Among other matters, the firm advises on publishing agreements, licensing matters, collective management societies and expansion strategies. Leadership of the group is divided between founding partner Pedro Alemán Laín; TMT practice head Javier Martínez Bavière, noted for his ability to handle ‘high-profile work with expertise and efficiency‘; and Miguel Ángel Gómez Nix, a foreign trade and customs management expert.

Other key lawyers:

Laura Arnaiz

Testimonials

‘Top-level team in which the client can place all their trust. One of its main advantages is that they are not limited to drawing up or reviewing contracts, but also give their point of view on commercial and/or negotiation issues, which are very useful.’

‘Their complete availability. Their closeness. Their knowledge of the business. Their support in negotiations when necessary. Miguel Angel Gómez Nix, Laura Arnaiz and Javier Martínez Baviere are highlights.’

‘Javier Martinez Baviere can handle extremely important and high-profile work with expertise and efficiency.’