The broad range of copyright-related work handled by Baker McKenzie's IP team ranges from assessing existing copyright protection, identifying ways to maximize copyrighted material and enforcing or defending copyright. The practice is jointly led by Madrid-based José María Méndez, who focuses on the enforcement and protection of copyright and trade secrets, privacy and publicity rights, with particular expertise in the media and entertainment sectors, and 'very knowledgeable' IP litigation expert Carles Prat in the Barcelona office. Cristina Duch adds diverse sector coverage on both the contentious and advisory sides from the Barcelona office and associate Naiara Elizagarate has been involved on a number of key recent copyright matters.
Intellectual property: Copyright in Spain
José María Méndez; Carles Prat
Other key lawyers:
Cristina Duch; Naiara Elizagarate; Anna Zaragoza; Silvia Saenz de Ormijana
‘The Baker team are not only excellent lawyers and people but also very passionate about their work always going the extra mile for their client.’
‘Carles Prat is very knowledgeable in his area and cares deeply about the work he does making him an ideal partner for any in-house lawyer.
‘The most remarkable thing is the communication capacity that lawyers have to look for opportunities and take the issues to an understandable field for all the people of the same team. Guide the answers to our problems, always seeking the highest precision.’
‘Both Cristina Duch and Silvia Saenz always show a total predisposition to meet our requests, having the ability to adapt with very tight times.’
‘Anna Zaragoza is a star senior associate that has a bright future due to her hard working ethic, technical excellence and great personal skills.’
- Advised Puig on the IP aspects of the acquisition of a majority stake in London-based Charlotte Tilbury, the British luxury make up and skincare brand.
Clifford Chance provides copyright-related advice to clients completing major transactions in a variety of sectors, and also handles litigation. The breadth of its practice is reflected by its diverse client base, which includes technology and software companies (particularly those involved in e-commerce), investment funds, banks, law firms and various public bodies. The team is led from Madrid by Miquel Montañá, a dispute resolution-focused lawyer with expertise in the healthcare and life sciences sectors, alongside multi-jurisdictional disputes specialist Josep Montefusco. Senior associate Juan Cuerva de Cañas has notable experience in copyright and digital environment work.
Miquel Montañá; Josep Montefusco
Other key lawyers:
Juan Cuerva de Cañas
‘In depth knowledge of the subject matter and how to apply it to the local legislation.’
‘Their business acumen made it very easy and efficient for us to work together.’
GFI – Groupe Français d’Informatique
Ajuntament de Barcelona
LZ Labs GMBH
Centros Comerciales Carrefour
- Advised GFI on the IP aspects of its acquisition of 100% of the share capital of Informática El Corte Inglés, for approx. €360m.
- Advised a leading software company on the due diligence of a portfolio of software and copyright over apps and computer programmes in the context of an acquisition.
- Advised Ponooc on its investment in Yego, a company whose activity consists of the rental, through a relevant app, of lightweight electric scooters, commercially known as motosharing.
From offices in Madrid and Barcelona, the IP specialists at Cuatrecasas cover the full range of contentious and non-contentious matters in the area. The team's client base includes major multinational companies alongside key domestic players in various sectors. A notable niche strength of the IP group is in publicity rights advertising and sponsorship, especially with individuals in the sports sector. Albert Agustinoy and Álvaro Bourkaib jointly head the practice from Barcelona and Madrid respectively, and Jorge Llevat is a name to note for IP litigation. In internal developments, Jean-Yves Teindas in Barcelona was promoted to partner in August 2020.
Albert Agustinoy; Álvaro Bourkaib
Other key lawyers:
Jorge Llevat; Jean-Yves Teindas; Jorge Monclús
FUNDACIÓN BANCARIA UNICAJA
JUNTA CONSTRUCTORA TEMPLE EXPIATORI DE LA SAGRADA FAMILIA
UNIVERSIDAD POLITÉCNICA DE MADRID
SPANISH STATE LOTTERIES (SELAE)
- Advised Groupon on managing and developing its e-commerce platform in Spain, specifically regarding copyright matters.
- Advised Amazon Web Services (AWS) on copyright and regulatory aspects of the use of advanced technology based on AI robots.
- Advised Sony Music Spain on new technologies and copyright matters.
Garrigues is a strong choice for major international clients, acting for a growing portfolio of well-known fashion, retail, audiovisual and internet services clients, including American Express and Mediapro, handling commercial contracts and copyright litigation. The team is led by Carolina Pina, a Madrid-based sports law specialist with expertise in arbitration and international transactional support, alongside Lisbon's João Miranda de Sousa, who takes the lead on IP prosecution. In Madrid, principal associate Cristina Mesa has expertise in technology, fashion and e-commerce work, while senior associate Antonio Muñoz focuses on the art and entertainment sectors.
Carolina Pina; João Miranda de Sousa
Other key lawyers:
Cristina Mesa; Antonio Muñoz Vico
‘They are super efficient and take great care of the client, they make us feel as if we are their most important client, and they are super involved in the business. We have never had a better firm than them.’
‘Carolina Pina, She always gets on the phone and answers your calls, and she is a magnificent professional AND an exquisite treatment with the client. Cristina Mesa, a magnificent professional and takes great care of the client, human quality and personalised and super professional treatment.’
Wave Of Humanity (Charlie Chaplin Estate)
Swedish Orphan Biovitrum
- Advising Mediapro in major entertainment law case, involving litigation against the Spanish Football Federation in relation to the sale of A/V rights of Spanish football competitions.
- Advised BBVA on its alliance with German insurance company Allianz. The transaction was strategic and especially complex due to the presence of key copyright and know-how protected assets as an essential part of the transaction.
- Represented the Italian company Kartell in an infringement action brought against Todofurniture.
Co-operating closely with the firm's TMT and digital business groups, the IP team at Uría Menéndez provides ongoing copyright advice as well as contentious services and work arising from M&A transactions. Key clients include leading names in the banking, technology and media sectors and the team has recently shown strength in both litigation against collective management organisations and art law matters. Agustín González and Rafael Sánchez Aristi co-head the team from the firm's Madrid office, with Montiano Monteaguo being the key contact in Barcelona.
Agustín González; Rafael Sánchez Aristi
Other key lawyers:
‘Very specialized knowledge applied to the reality of the business. Solutions and proposals tailored to the complexity of the issues. They compare favorably with other teams because they have knowledge of all the agents in the sector that impact the rights of intellectual property, which is why their advice is very complete. Very updated with news in this area.‘
‘The intellectual property team at Uría y Menéndez, especially Agustín González, is excellent. He has a profile that adjusts to the client’s needs, with excellent treatment and exceptional knowledge of the matter.‘
‘Uria’s team is made up of people of recognized prestige in the field of intellectual property law. They are accessible people, who by knowing the subject in such detail and having a long experience of real cases, the explanations and advice they provide is very easy to understand and transfer to your business despite the complexity of some issues.‘
The Walt Disney Company
- Advised Cofares on its key digitalisation projects, including the creation of a joint venture with the Portuguese group Glintt for the creation and launch of a digital platform and technologies for the improved management of pharmacies.
- Acted for Banco Santander in the acquisition of a majority stake in Mercury TFS, a company specialised in the development of software for trade finance digitalisation with an innovative portfolio.
- Assisting the Walt Disney Company on IP matters under Spanish law, including the adaptation of the different general practices and agreements entered into by Disney with employees and artists in Spanish territory.
Bird & Bird has a focus on dispute resolution, with good litigation capabilities across all areas of IP. In copyright, the firm's specialisms include publishing copyrights and the retail sector, alongside technology and energy, with clients including major domestic and multinational companies. The team was strengthened in mid-2020 by the arrival of co-head Jose Miguel Lissen, who focuses on technology and life sciences work. Other leaders in the team include technology-focused partner Manuel Lobato, trade secrets litigator Antonio Cueto and Mariano Santos, who works on IT and online issues.
Manuel Lobato; José Miguel Lissén; Antonio Cueto; Mariano Santos
Wolters Kluwer España
- Advised the IOC on moral rights in cinematographic (audiovisual) works and the legal implications under the Spanish Copyright Law.
- Representing Wolters Kluwer in litigation against VLEX Networks regarding trade secrets infringement, copyright (software) infringement and free-riding before the Commercial Court of Barcelona.
ECIJA's longstanding expertise in IP and media work sees it regularly acting for major brands and corporates, especially in the telecoms sector, where it demonstrates particular strength. The firm is able to call on in-house IT and technology expertise, and combines advisory and contentious capabilities. The extensive national team includes founder Hugo Écija, who advises on media and new technologies from the Madrid office, alongside arbitrator Alejandro Touriño, film and TV sector expert Juan Salmeron, and newly promoted partner Cristina Villasante, who specialises in digital transformations. Barcelona's Carlos Perez is also noted, while Felipe Fernández strengthened the Pamplona office, arriving in early 2020.
Other key lawyers:
Hugo Écija; Alejandro Touriño; Carlos Pérez; Juan Salmerón; Cristina Villasante; Felipe Fernandéz
‘ECIJA has highly prestigious professionals. The partner in charge of the project has been Alejandro Touriño, who has shown himself at all times to be a very accessible person, with vast legal and technical knowledge.’
‘Quality in the advice in the area of IP and technology.’
‘The Écija team is very expert in technological issues and copyright. They know the industry well and advise in a very practical and close way. We work with them as an extension of our own team, and we are very satisfied. Alejandro Touriño, Cristina Villasante and the rest of the team are always available to help.’
‘Very close approach, high availability of partners to help resolve issues. Willing to help in everything you need.’
‘There is a combination of legal knowledge in the strict sense of the word and adaptation to a world subject to changes as profound as entertainment with the incorporation of new media, platforms, business models. I think their flexibility and adaptability make them unique.‘
‘The most remarkable thing is that they become “solvers”, the desire to reach agreements, to find the meeting points on which to build a contract, a business is the most noteworthy. From an impeccable legal practice, they do not stop contributing ideas and constructive points of view. That is more admirable and what sets them apart from other firms.’
- Advising the Spanish national organisation of blind or severely partially sighted people on drafting a legal opinion on the legality of distributing Netflix’s, HBO’s and Amazon Prime Video’s audiovisual content including audio descriptions.
- Advising BSA | The Business Software Alliance and its members on the enforcement of their IP rights before the courts against companies using unlicensed software of BSA member companies.
- Advised Santander in negotiations with the provider SAP, concerning IP cloud services agreement and ‘on premise’ licenses of use of the main software to be used by Santander to perform its own activity.
The media and entertainment specialists at Elzaburu regularly work on copyright issues, advising rights holders in all areas of the media and entertainment industry, both domestic and internationally. The firm offers a full service, from regulatory advice to negotiating contracts, through to contentious matters with arbitration or litigation, and also has a notable anti-piracy specialism. Mabel Klimt has notable expertise advising audio-visual companies on image rights and licensing, while Antonio Castán is an experienced litigator across all IP disciplines. Javier Fernández-Lasquetty focuses on IT matters and litigation, while Juan José Caselles heads up the anti-counterfeiting team.
Mabel Klimt; Antonio Castán; Javier Fernández-Lasquetty; Juan José Caselles
Gómez-Acebo & Pombo's copyright works crosses several industries, with particular strength in the increasingly relevant digital services and technology sectors. Eduardo Castillo heads the practice and is an IP and unfair competition specialist, with a focus on litigation, and both Jesús Muñoz Delgado and Gonzalo Ulloa are key IP contacts. A busy source of work through 2019 and 2020 was in the enforcement of copyright and related rights for Nintendo, with specific copyright expertise added by associate Jaime Bello.
Other key lawyers:
Jesús Muñoz Delgado; Gonzalo Ulloa; Jaime Bello
- Representing Vaughan Systems in a copyright infringement claim filed by SONY MUSIC in relation to the use of a specific song in a TV programme and advertisement material.
- Retainer advice to eOne, a global independent studio and licensing leader, for copyright and trade mark matters concerning the well-known characters PJ Masks and Peppa Pig.
- Advising Ecoembes on the copyright aspects of its programme for the collection and recovery of packaging waste for subsequent treatment, recycling and upgrading.
Barcelona-based IP boutique Grau & Angulo works on copyright issues across a wide range of sectors, including automotive, media and entertainment, telecoms, healthcare, furniture and fashion, alongside a growing focus on the audio-visual market. Clients include a number of major international entertainment and media companies, and notable domestic fashion brands. Practice head Ignacio Marqués drives the firm's copyright work, with major entertainment clients and experience as both a transactional advisor and a litigator. Maite Ferrandiz is a specialist copyright litigator alongside Sonia Santos, who often works with US and UK-based clients.
Other key lawyers:
Maite Ferrándiz; Sonia Santos
‘Ignacio Marques and his team have been supporting the group in IP litigation and prosecution matters in Spain for over a decade now. It is also thanks to Ignacio’s fantastic expertise in Intellectual Property, his pragmatic sense and business acumen, that we were are able to built a successful, efficient brand protection strategy in Spain.’
‘Ignacio Marques is always responsive and highly commercial. He is the perfect partner also in difficult very technical cases. I really appreciate that he is able to clearly focus on strategic essentials. Furthermore he is very successful and convincing when talking to infringers, achieving good results for his clients and remains at the same time professional and patient.’
‘It is a benchmark law firm in the sector where the quality of the advice is assured.’
‘I have worked with Ignacio Marqués. He is an experienced attorney with a practical view of matters that helps you make informed decisions.’
Autodata Ltd (Capa)
Robin Ruth Group
- Representing Stokke against third-party companies in the childcare sector carrying out marketing which infringes the copyright protection existing for Stokke’s well-known ‘Tripp Trapp’ highchair.
- Representing an automotive company against an individual infringer who was selling fraudulent car software to other individuals and car mechanics.
- Advising a major international packaging manufacturer regarding the infringement of the design of one of its food packaging lines.
HOYNG ROKH MONEGIER
HOYNG ROKH MONEGIER stands out for its capabilities in cross-border IP litigation, with its pan-European reach allowing the team to act in multi-jurisdictional disputes. Clients include multinational media and audio-visual companies and other major global brands. Counsel Juan José Marín heads the team, and has extensive copyright litigation expertise. José Antonio Sanmartín has worked on civil and criminal IP cases, while managing partner Luis Fernández-Novoa also regularly litigates in copyright proceedings. The firm was further boosted by the arrival of IP and TMT specialist Franz Ruz in 2020.
Juan José Marín
Other key lawyers:
José Antonio Sanmartín; Luis Fernández-Novoa
Ms. Leticia Moreno
Motion Picture Association of America (MPA)
Santa & Cole
- Representing several Hollywood studios associated under the MPA in copyright litigation against the major Internet Service Providers (ISPs) in Spain in blocking actions seeking blockage of pirate websites infringing copyrights.
- Representing MC&F in copyright litigation against ATRESMEDIA relating to the broadcasting of the TV quiz show “Pasapalabra”.
- Regularly advising and representing the major copyright collecting societies in Spain (AGEDI, AIE, ADEPI, SGAE).
Santiago Mediano Abogados
Santiago Mediano Abogados focuses on copyright issues in the media and entertainment sectors, handling a range of advisory and contentious matters. As part of Mackrell International, the firm has multi-jurisdictional experience, and is able to work on internationalisation issues as well as cross-border litigation. Clients include major domestic and international names in entertainment, transport and retail. The team was further bolstered by the arrival of Raul Bercovitz, a specialist in litigation and pre-trial advice. Santiago Mediano heads the team, focusing on unfair competition and contractual issues in the media sector.
Other key lawyers:
IP and TMT boutique Abril Abogados, SL's copyright work encompasses advisory and contentious matters. Traditionally strong in the entertainment and media sectors, the firm has recently added notable clients including Netflix to its portfolio, as well as expanding its share of technology-focused clients. The team is led by Madrid-based IP litigator Ignacio Temiño Ceniceros and Carlos González, alongside Valencia's Salvador Diaz. TMT specialist Jorge Oria in Madrid is also noted.
Ignacio Temiño Ceniceros; Carlos González; Salvador Diaz
Other key lawyers:
- Representing Stage Entertainment in a civil lawsuit against a competitor for copyright infringement and unfair competition regarding a famous musical show.
- Advising Netflix on strategy for copyright protection in Spain.
- Advising a client in defence of exclusive IP rights in Spain.
The 'responsive' and 'pragmatic' team at CMS Albiñana y Suárez de Lezo focuses on pre-litigation and litigation in copyright cases, acting for a diverse domestic and multinational client list across various sectors. The team, led by the highly praised María González Gordon, has notable expertise in digital business matters, and has recently worked on cases relating to software, data and sui generis rights.
María González Gordon
‘Their experience and expertise are shown in each of their replies and the way in which they handle our matters, which often goes beyond the mere legal advice as they consider the business implications. My team points out their capacity to fit in multidisciplinary teams which include technicians, sales representatives and people from business development.’
‘They have solved several contractual conflicts with very positive results.‘
‘It is a very dedicated team and very easy to work with. They think about us and think like us.’
‘Utterly responsive, top-quality IP department at reasonable prices.’
‘The team is very knowledgeable, responsive and very pragmatic in their approach to queries raised by clients.’
Grupo Banco Sabadell
- Represented one of Spain’s largest media groups, Atresmedia Corporación de Medios de Comunicación in a landmark case before the Spanish Supreme Court involving copyright and collective management of copyrights and neighbouring rights.
- Advised Grupo Banco Sabadell’s technology subsidiary on a €1bn agreement with IBM to transform its technological infrastructure and delve further into digitalisation and the use of big data.
- Advising a leading e-commerce retailer in a number of copyright-related matters, including securing assignment of rights and negotiating with CMOs.
Estudio Juridico Bercovitz-Carvajal
Eversheds Sutherland Nicea specialises in the entertainment and audio-visual sectors, and acts for a number of major global clients thanks to the firm's broad international reach. The team also regularly advises individual artists on copyright regulations, as well as defending publishers in litigation. Practice head Vicente Arias Máiz is highly specialised in IP and media law, acting for major clients on consulting, contract negotiation and litigation.
Vicente Arias Máiz
Sony ATV Music Publishing
Warner Music Spain
Emi Music Publishing
Warner Chappell Music Spain
Shakira Isabel Mebarak Ripoll
Music Sales (now Wise Music)
Kobalt Music Group
- Handling all suits on behalf of Sony ATV for copyright infringement for unauthorised synchronisation of music works in advertising against a variety of defendants.
- Defending Sony ATV in a number of copyright claims brought before Spanish courts.
- Defending Warner Music Spain against a copyright claim from a musical artist.
DLA Piper stands out for its expertise in complex media and IP contract negotiations, and in the enforcement of copyrights of major multinational clients in visual entertainment, technology, pharmaceuticals and fashion. The firm also has strong capabilities in video gaming through practice head Diego Ramos. Paula González de Castejón is noted for her work in anti-counterfeiting and enforcement proceedings.
Other key lawyers:
Paula González de Castejón
Tata Consultancy Services
- Represented Levi Strauss in brand protection efforts in the Spanish market.
- Representing WB in the management and protection of its IP rights in Spain.
- Provided legal support to Pfizer in connection with the protection of copyrighted materials developed by the company, as well as with the licensing of software applications owned thereby.
With a focus on the technology and entertainment sectors, Pérez-Llorca advises clients on copyright protection and enforcement issues, notably working with video streaming services alongside domestic clients and multinationals operating in Spain. Counsel Andy Ramos Gil de la Haza heads up the practice and is an expert in technology and intangible assets.
Andy Ramos Gil de la Haza
Asociación Española de Videojuegos – AEVI
Thinking Heads Group, S.L.
Comunidad Filmin, S.L.
eXeira – Netblue Solutions, S.L.
Bimbo Donuts Iberia, S.A.U.
The Music Republic
- Advising Comunidad Filmin on complex IP matters, collaboration agreements, negotiations with PRO, and processing and use of data.
- Advising BlendHub on securing the chain of rights of all the intangible assets related to the company, including software, databases (original and sui generis), and trade secrets.
- Advising AEVI on regulatory issues regarding technological protection measures implemented in video games.
Pedro Alemán Abogados
A media and arts boutique, Pedro Alemán Abogados has expanded its copyright work in recent years, working with major Spanish production companies, internet service providers, fashion brands and other corporate clients. The firm regularly advises on copyright issues as well as handling enforcement proceedings and litigation, The team is led by Pedro Alemán Laín and Javier Martínez Bavière.
Pedro Alemán Laín; Javier Martínez Bavière
‘A lot of commercial sensitivity.’
‘Great technical knowledge and commercial ability.’
With capabilities across all IP disciplines, Roca Junyent advises clients on copyright strategy as well as litigating copyright enforcement disputes. Areas of expertise include e-sports, a growing focus alongside the firm's traditional specialisms in culture and heritage. Anna Viladàs Jené leads the team from Barcelona, with Javier Vázquez taking the lead in IP prosecution. Blanca Cortés Fernández receives strong praise.
Anna Viladàs Jené
Other key lawyers:
Javier Vázquez; Blanca Cortés Fernández
‘From the most junior people to the senior management, as a client, the efficiency, speed and professionalism is among the best in its specialty.’
‘What I would highlight the most about the team is that, being a large law firm with a large number of professionals, they achieve a high level of coordination and competence in addressing complex and multidisciplinary issues, which are increasingly common in business practice.’
‘I have worked with many firms on all intellectual property issues throughout my work as an in-house lawyer for different companies and Roca Junyent’s office in the person of Blanca Cortés is frankly good, her work is impeccable and her help at the time to understand the problems and risks is exceptional.’
‘I highlight the work carried out by Blanca Cortés, I have raised important problems and complicated issues and she has been able to give me support and help and solutions, she is also directly involved without delegating to others.‘
‘The Intellectual Property department of the Roca Junyent office is the best we have ever worked with for their diligence, dedication and understanding of the issues that we put in their hands. Blanca Cortés is a reference for us and our teams for all matters related to Intellectual Property around the world and for the drafting of all our contracts. Her efforts in this regard have an outstanding degree of success.‘
‘Blanca Cortés has an extraordinary ability to dialogue with third parties, whether they are clients, opponents or future partners, and a precision and style of writing, even a simple email, which makes her texts very accurate in their effects.’
‘Clearly Blanca Cortes is a lawyer with open-mindedness and knowledge, in her specialty, very difficult to match in other firms. She and her entire team have worked with us during this year with great professional excellence.’
The Gala-Salvador Dalí Foundation
O2 Centro Wellness
Asociacion Clubes E-Sports
Universitat Autonoma de Barcelona
Julià / Euroways
- Advising the Gali-Salvador Dali Foundation on infringement disputes (on copyright, image and publicity rights, trademarks, unfair competition), licensing projects, research projects and exhibitions worldwide.
- Advised Julia/Euroways on IP matters, locally and internationally.
- Advising EURECAT on matters connected to several contract issues relating to R+D projects.