Intellectual property: Copyright in Spain

Leveraging the strength of its extensive global network, the experienced IP team at Clifford Chance continues to lead in this practice area, providing a comprehensive service to advise major multinationals on a wide range of copyright matters. These include audio-visual rights, infringement, copyright licensing, market strategy and due diligence. Under the leadership of multi-jurisdictional IP dispute specialist Miquel Montañá in Barcelona, the group’s client base spans the IT, sports, legal services, banking and government sectors, and features the Barcelona City Council and the promoters of the European Super League. The team is supported by technology co-head Josep Montefusco and senior associate Juan Cuerva de Cañas, also in Barcelona.

The industrial and intellectual property team at Garrigues continues to be a dominant force in this area, taking a multidisciplinary approach to advising local and international corporates on a diverse array of copyright issues. Such matters include infringement actions, database rights, image rights, reputation rights, preliminary injunctions and licensing. Headed by digital business authority Carolina Pina Sánchez in Madrid and IP prosecution expert João Miranda de Sousa in Lisbon, the group’s client base features such household names as Netflix and American Express, and spans the media and entertainment, technology, automotive, finance, publishing and advertising sectors. Support for the team is provided in Madrid by Cristina Mesa, who specialises in internet-based business models, principal associate Antonio Muñoz, who focuses on arts and entertainment law, and associate Ricardo López Alzaga, who advises on local audiovisual productions by international companies.

The experienced intellectual property group at Bird & Bird provides solutions to advise national and multinational clients and associated bodies on a diverse range of matters related to the safeguarding and management of copyright. These include moral rights in cinematographic works, collecting societies, infringement and market strategy. Headed by veteran IP litigator José Miguel Lissén, information technology specialist Mariano Santos and trade secrets expert Antonio Cueto, the group’s client portfolio spans the sports, media, publishing, music, energy, retail and telecoms sectors. The group is supported by IP specialist Manuel Lobato and associate Maria Fernandez.

Utilising its global presence (a combined hub of 57 offices in 18 countries) the IP team at ECIJA assists major multinationals on a broad spectrum of copyright issues. Collective management societies, audio-visual content distribution, market strategy, distribution agreement negotiation, copyright creation and regulatory compliance are among its areas of expertise. The multidisciplinary group counts telecoms, media, retail and software companies among its clients, including household names Microsoft, McDonald's, Facebook and Coca-Cola. Firm founder, chairman and partner Hugo Écija provides his expertise to advise clients in the media and new technologies sectors; he is joined by managing partner and president of the IT section for the Madrid Bar Association Alejandro Touriño; experienced technological contracts and software licence negotiator Cristina Villasante; and Juan Salmerón, who specialises in working with national and international TV and film producers.

The team at Elzaburu takes a multidisciplinary approach to protecting the copyright portfolios of major national and international corporates in the media and entertainment sector, advising them on a diverse spectrum of matters. These include audio-visual rights, breaches of contract, infringement, rights assignments, publishing agreements and licensing. Led by litigation head Antonio Castán, head of legal and business Javier Fernández-Lasquetty and head of anti-counterfeiting and anti-piracy Juan José Caselles, the team’s client base features MGA Entertainment and Pokeepsie Films. Mabel Klimt is another name to note, regularly taking a leading role on many of the department's key matters.

With offices in Barcelona, Madrid and Las Palmas, the IP group at boutique firm Grau & Angulo advises major global IP rights holders on a diverse range of copyright matters. These include copyright infringement, transactional issues, licensing, unfair competition, third-party disputes, counterfeiting, software agreements and collecting societies. Headed by IP transactional expert Ignacio Marqués in Barcelona, the team acts for companies across the healthcare, entertainment, music, aeronautical and tourism sectors, among others. The team is supported by cross-border transactional specialist Maite Ferrándiz in Barcelona and IP market strategist Sonia Santos in Madrid.

The IP team at Gómez-Acebo & Pombo acts for major global corporates across a broad range of sectors, including food and beverages, entertainment, music, retail, technology and telecoms. Representing a portfolio of household names like Nintendo and Heineken, the group’s full service extends to such matters as deepfakes in advertising, infringement proceedings, interim injunctions, market strategies and the negotiation of settlements. Led by IP enforcement specialist Jesús Muñoz-Delgado, the team has recently introduced GA_P Digital, an AI-powered channel to provide webinars and information on current IP topics to clients. The group is supported in Madrid by online and digital issue expert Sofía Martínez-Almeida and senior associate Bárbara Sainz de Vicuña, who specialises in information society work. Highly regarded art matters expert Anna Viladás Jené is a key contact in the Barcelona office.

The intellectual property group at Uría Menéndez continues to provide a comprehensive service to household names at the national and global levels, advising on a wide span of copyright matters. These include negotiations of purchase agreements, infringement matters, regulatory compliance, administrative proceedings, counterclaims and issues surrounding collective management organisations. Headed by Agustín González in Madrid and unfair competition litigation expert Montiano Monteagudo in Barcelona, the team’s client portfolio features major companies operating in the pharmaceuticals, banking, technology, sports, media and content, cosmetics and hospitality sectors. Key support is provided by senior associate Francisco Javier García in Barcelona.

The entertainment law department at Abril Abogados, SL advises major multinationals on a diverse range of copyright matters. These include infringement, unfair competition, contract negotiation, scope of protection under legislation, collective licensing, as well as adaptive strategies and business models. In a major development, the firm announced a merger with Italian intellectual property firm Jacobacci & Partners in February 2020, though this was postponed by the pandemic. The group is led by IP litigation specialist Ignacio Temiño Ceniceros, TMT expert Ruben Canales and IP protection specialist Salvador Diaz in Valencia. The team’s client base covers the entertainment, technology, music, publishing and software sectors, and features household names Netflix and the Discovery Channel. The group is supported by anti-counterfeiting strategist Fernando Ortega in Madrid.

The industrial, intellectual property and digital business group at CMS Albiñana y Suárez de Lezo provides a broad range of services to major global corporates. Such matters include publishing contracts, sui generis rights and transfer agreements, licence and distribution agreements, remuneration rights, outsourcing agreements, software licenses and content acquisition agreements. Led by IP litigation expert María González Gordon and backed by senior associate Ricardo Gómez-Barreda, the team’s client portfolio features key players in the technology, e-commerce, automotive, hospitality, real estate, media and banking sectors.

Benefiting from its broad global network, the entertainment, media and IT team at Eversheds Sutherland is a popular choice for major international corporates and artists, which seek the team's assistance in a range of copyright issues. Such matters include royalty disputes, breach of publishing contracts, breach of moral rights, co-publishing and administrative agreements and plagiarism claims. Led by entertainment IP expert Vicente Arias Máiz in Madrid, the group’s client base features household names in the music, technology, publishing, advertising and media sectors.

DLA Piper‘s IP and technology group assists major multinationals with the safeguarding and strategic management of their copyright portfolios. The team advises on a wide spectrum of issues across the practice area, from proprietary rights, licensing and the implementation of protection schemes to rights acquisitions and regulatory compliance. Headed by IP expert Diego Ramos, the team’s client base includes household names Pfizer, Warner Bros Entertainment and Bacardi, and covers such sectors as e-commerce, technology, pharmaceuticals, media, entertainment, software and consumer goods. The group is supported by pharmaceutical law specialist Paula González De Castejón and senior associate Elisa Lorenzo.

The intellectual property and information technology team at Pérez-Llorca takes a multidisciplinary approach to assist major multinational corporates on a diverse array of copyright issues across the practice area. Such matters include image rights, trade secrets, software development agreements, distribution agreement negotiations, rights acquisition, and analysis of potential liability and regulatory compliance. The group is led by technology and intangible assets expert Andy Ramos Gil De La Haza (who made partner in January 2022) and new IP head Eduardo Castillo, who joined in September 2021. They are backed by associate and data protection advisor Andrea Sánchez. In a further development in January 2022, the firm hired Rais Amils, further expanding the team's IP and IT capabilities.