The powerhouse intellectual property group at Baker McKenzie remains a market leader in copyright management and protection, leveraging the strength of its global network and its experienced team to advise globally recognised corporates on a diverse range of issues across the practice area. Such matters include copyright infringement, remuneration rights, regulatory compliance, film rights and due diligence. Headed by intellectual property expert José María Méndez in Madrid and enforcement expert Cristina Duch in Barcelona, the group’s client base includes key players in the entertainment, publishing and technology sectors, among others.
Intellectual property: Copyright in Spain
‘Full disposition of the Baker & Mckenzie team as well as great technical strength. They are up to date with all legislative and jurisprudential developments. Great business vision, following a very practical approach in resolving issues.’
‘Maria Jose Mendez has a really good understanding of the complex music rights clearance situation in Spain and provides excellent advice both from a business and from a legal perspective.’
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.
‘Team with great technical knowledge of the matter. Great professionalism of the team, great dedication of time. Understanding of problems and client needs. Proactively providing solutions. Absolute availability of the equipment.’
‘Great technical knowledge. Extensive experience. Absolute availability. Empathy with the client from Juan Cuerva Cañas.’
The promoters of the European Super League
GFI – Groupe Français d’Informatique
Barcelona City Council (Ayuntamiento de Barcelona)
- Advised Banco Inversis on its IT strategic alliance with Accenture.
- Advising Hilti Corporation on a global project to update and harmonise in more than 60 jurisdictions its purchase, licensing and subscription agreements for software and software services.
- Advising the promoters of the European Super League on the design of the structure of (i) copyright and (ii) audio-visual rights, which will be managed and exploited by the European Super League in relation to the football matches of the new competition.
The intellectual and industrial property group at Cuatrecasas has established itself among the leading firms in this field in Spain, where it combines the experience of its team with the reach of its worldwide network to advise national and international corporates on a broad range of copyright matters. These include online infringement, collecting societies and settlement negotiations, copyright issues related to social networks and data protection, technology transfers, market strategy and regulatory compliance. Led by intangible assets expert Álvaro Bourkaib in Madrid, the group’s client portfolio contains household names such as Sony and Groupon among a range of clients in such sectors as logistics, e-commerce, entertainment, technology, real estate and education. The team is supported by IP litigation strategist Jorge Llevat and data protection advisor Jorge Monclús in Barcelona, and emerging technologies specialist Alejandro Negro in Madrid. Rafael Sánchez Aristi joined as a new IP partner in October 2021.
Fundación Bancaria Unicaja
Junta Constructora Temple Expiatori de la Sagrada Familia
Universidad Politécnica de Madrid
Spanish State Lotteries (Selae)
- Representing Adevinta in proceedings concerning acts of unfair competition and infringement of copyrights on an online job portal, following the use of automated tools by a third party to access, extract and reuse certain data contained on the platform.
- Advising Sony Music Entertainment Spain on managing and developing its e-commerce platform and social networks.
- Advising on the IP assets of the Sagrada Familia, detecting contingencies, proposing and implementing solutions, and analysing and proposing improvements.
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.
Carolina Pina Sánchez; João Miranda de Sousa
Other key lawyers:
Cristina Mesa; Antonio Muñoz Vico; Ricardo López Alzaga
‘The Garrigues team demonstrates in-depth technical knowledge of intellectual property regulations. They always provide added value and original approaches when discussing issues in this field.’
‘The Garrigues Intellectual Property department is an exceptional team. They have an understanding of the business that is rarely seen in outside consultants. They could well be one more in-house attorney. Working with them is a real luxury, not only because they are the ones who know the most about intellectual property, but also because of their proactivity and excellent predisposition.’
‘Carolina Pina and Ricardo Lopez are two extraordinary lawyers, both for their technical knowledge, for their understanding of the technology sector and for their approach, always prioritizing business needs. We have been working with them for years and they improve every day.’
‘It is a highly business-oriented team with great knowledge of technical issues as well as legal ones. Great knowledge of the technical-legal issues of the digital field present today.’
‘Garrigues IP & copyright is an excellent team. I feel very comfortable referring clients to them. They advise well, convey confidence, speak very good English and have a global approach.’
‘Carolina Pina and her team are very creative. Cristina Mesa is an excellent lawyer and handles the issues referred to with great ease and brilliance.’
Netflix International BV
Upp Group – Ogilvy
- Representing Italian company Kartell in an infringement action brought against Todo Furniture.
- Representing Spanish company Infonis in the execution phase claiming damages for continued infringement of its sui generis right over databases.
- Advising WPP Group – Ogilvy on copyright and image rights matters.
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.
Wolters Kluwer España, S.A.
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.
‘I have seen them grow for two decades and I have observed the way in which they have anticipated the rest of the sector, with a specialisation that in its day was an exception, and that they continue to lead because they always anticipate what is coming.’
‘Their personalized attention and their high specialization is what makes them different. Juan Salmerón is not only a great specialist and a great person, but he also has a side as a businessman that has opened doors for me to carry out projects that I would not have achieved otherwise. I really appreciate that involvement and also that he is always available.’
‘Direct and friendly treatment.’
‘Great knowledge of the company, the sector and new technologies.’
‘Ecija has a SUPER PROFESSIONAL team. The difference with other firms that I have worked with is the excellence of the human team in addition to the permanent availability to serve us professionally.’
ACB (Spanish Basketball League)
La Liga (Spanish Football League)
BSA (Business Software Alliance)
- Advising Louis Vuitton Moët Hennessy (LVMH) on expanding its international presence through the opening of branded stores in new territories (such as US, Russia, Middle East, Mexico, etc.), and launching an e-commerce branded channel.
- Advised a major Video-on-Demand provider on managing all IP licensing matters, including acquisition of third-party rights and the selling of own generated content.
- Advised a well-known fashion producer on the design and execution of a digital franchise system and entry into 108 new markets.
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.
‘They have good knowledge of the copyright situation in Spain and it is a reliable law firm to work with.’
‘Maite Ferrándiz is a reliable and knowledgeable IP lawyer that I would recommend to others.’
‘High level of specialisation and accumulated experience. You know that nothing is going to be overlooked.’
‘Ignasi Marqués demonstrates solidity in his advice and allows you to understand well what your real possibilities are.’
Autodata Ltd (Capa)
Robin Ruth Group
- Representing Scandinavian children’s furniture company Stokke against third companies in the childcare sector carrying out marketing acts which infringe the copyright protection existing for Stokke’s “TRIPP TRAPP” highchair.
- Advising Consultorio Dexeus, a medical practice, in copyright-related transactional issues involving a women’s health centre for patients needing obstetric and gynaecological treatment.
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.
‘They have strength in depth.’
‘Anna Viladas is a class act with a great client rapport. Especially strong in art law-related IP etc. A very easy style to deal with and technically excellent.’
Heineken España (ES)
Entertainment One UK Limited (eOne)
Nintendo Co Ltd
Ecoembalajes España S.A.
- Advised Heineken España on the launch of the Cruzcampo advertising campaign “Con mucho acento”, leveraging digital technology and artificial intelligence technologies to bring the Spanish iconic artist Lola Flores back to life.
- Advised Nintendo on the legal enforcement of its copyright and related rights, especially concerning the protection of the technological protection measures implemented into its consoles and video games.
- Representing Ecoembalajes España, a non-profit public limited company whose corporate objects include the design and organisation of an Integrated Management System (SIG), for the selective collection and recovery of packaging waste for subsequent treatment, recycling and upgrading.
HOYNG ROKH MONEGIER
The IP group at HOYNG ROKH MONEGIER offers a comprehensive service to high-profile multinationals and organisations on a wide range of copyright issues. Such matters include infringement, preliminary relief, blocking orders against internet service providers, contractual disputes, copyright and AI, collective management societies and multi-territorial licences, and regulatory compliance. Led by Juan José Marín and entertainment law expert Franz Ruz, the team counts major companies in the music, media and entertainment, food and beverage, and tobacco sectors among its clients. The group is supported by veteran IP litigator José Antonio Sanmartín.
Other key lawyers:
ADEPI (Asociación para el Desarrollo de la Propiedad Intelectual)
Flamenco Real (Teatro Real de Madrid)
IFAT Group (Seguimedia)
International Sport Broadcasting
MC&F Broadcasting and Distribution
Motion Picture Association of America (MPA)
Santa & Cole
Toonz Media Group
- Advising UNESCO-CERLACL on its activities regarding copyright, artificial intelligence and public policy making linked to the book industry.
- Advising the Motion Picture Association on its content protection activity in Spain.
- Advised three collective management societies, SGAE, AIE and AGEDI, on a Supreme Court case.
Santiago Mediano Abogados
The experienced IP team at Santiago Mediano Abogados assists high-profile media and entertainment companies on a host of copyright matters. These include production and co-production agreements, piracy, licensing and collective management organisations, infringement and violation of moral rights. Headed by founding partner and IP expert Santiago Mediano Abogados, the group’s portfolio also covers the food and beverages, pharmaceuticals, retail and cosmetics sectors. The team is backed by veteran contract negotiator Raúl Bercovitz, media and entertainment law specialist Santiago Ilundáin and industrial property advisor Elena Santias.
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.
Other key lawyers:
‘They are human, expert, professional, understanding.’
‘Perfect knowledge and approach to the issues that they handle from the perspective of the intellectual property user.’
‘Agustín González: In my opinion the best intellectual property lawyer in Spain. He knows like no one else the internal perspective of intellectual property rights management entities, which gives customers a plus of experience and focus. A professional with a degree of detail and work above the average. Great human quality and closeness in the treatment.’
‘Francisco Javier García, a great professional with the ability to lead several teams from different jurisdictions, understand the client’s needs and be agile in readapting the strategy based on the objectives set.’
‘Technical knowledge, understanding of technology, transversal vision.’
The Walt Disney Company
Promotora de Informaciones, S.A. (PRISA)
- Advised the Walt Disney Company on the design of a contractual chain for the allocation of intellectual property rights within its production activities.
- Advised PRISA on the sale of Santillana Educación to Sanoma Corporation, a Finnish media group.
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.
Other key lawyers:
‘They form a magnificent team of consultants who respond to any of our queries or needs, quickly and efficiently.’
‘Direct care. We work with Ignacio Temiño and Ruben Canales, to our full satisfaction.’
- Acted on behalf of Stage Entertainment in a case concerning the protection of musical work by copyright rules in Spain.
- Assisting an author and director in licensing his copyrighted work on famous theatre performance to a major producer on a worldwide level.
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.
Other key lawyers:
‘Good knowledge of the judicial processes in the commercial order.’
- Securing for Atresmedia a win 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 in the platform.
- Provided advice to SABIS on the drafting of the outsourcing agreement to be used as a basis for negotiations and contracting with potential service providers and the legal review of the different request for proposals for a global tender process.
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.
‘The Evershed Sutherland team is very professional, especially at the level of knowledge and advice. I would highlight Vicente Arias.’
Sony ATV Music Publishing
SM Publishing Spain
Warner Music Spain
Emi Music Publishing
Warner Chappell Music Spain
Music Sales (now Wise Music)
Kobalt Music Group
The intellectual property team at Baylos (founded in 1943) specialises in managing and protecting the copyright portfolios of global names in film and television, and local and international corporates across a broad range of sectors. The group provides a comprehensive service, advising on infringement, copyright levies, copyright policy implementation, unfair competition proceedings, third-party disputes and assignment of rights, among other matters. The group is headed by cross-border IP expert Juan Luis Gracia; David Gómez, who brings experience in litigation before the Court of Justice of the European Union; and Pedro Merino Baylos, and is supported on unfair competition matters by associate Morgan Schaaf.
Juan Luis Gracia; David Gómez; Pedro Merino Baylos
Other key lawyers:
‘The team provides a tailor made service and you are treated as if you were their most important client, at all times.’
‘Internal team communication aligned, analysis of customer needs, rigour and speed in communications, professionalism and experts in their areas.’
‘The excellent treatment, proximity and availability of Baylos professionals is very remarkable. They have great knowledge of the activity and are capable of transmitting it clearly, even to profiles unfamiliar with the legal field.’
‘Pedro Merino Baylos: His ability to work seamlessly between Spanish and legal English is very impressive. He is technically astute and a true gentleman. I have always felt that Pedro is a ‘true partner’ who genuinely cares about client satisfaction and service delivery.’
‘At all times we have had the appropriate guidance to minimise deadlines and be able to carry out actions quickly.’
ITV Studios Global Distribution Lmtd
Titania Compañía Editorial S.L. Nova
Evolution & Integration Services S.A. (Mnemo)
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.
‘Diego Ramos is the person to turn to if you have intellectual property problems or doubts in Europe.’
‘In my opinion, they provide the best advice on intellectual property.’
Técnicas Reunidas, S.A.
TRUMPF GmbH + Co. KG
Warner Bros Entertainment Spain
Colisee France SAS
- Provided legal advice to TRUMPF, an engineering software group, in connection with the assessment of its ownership rights on 20 major software applications in the context of a corporate deal.
- Represented Levi Strauss in brand protection efforts in the Spanish market, including advice regarding the design and implementation of schemes for the protection of Levi Strauss intellectual property and industrial property.
- Representing WB in the management and protection of its IP rights in Spain, including negotiation with actors and contributors.
Pedro Alemán Abogados
Boutique firm Pedro Alemán Abogados is regularly sought by domestic and international film and television production companies for advice on a wide range of copyright matters. Areas of strength include collective management societies, trade secrets, expansion strategies, global recording and performing rights, publishing agreements and licensing. The group is led by founding partner Pedro Alemán Laín, copyright and TMT head Javier Martínez Bavière and foreign trade expert Miguel Ángel Gómez Nix. Backed by María Ruiz Latorre, who made partner in January 2021, the team’s client portfolio covers the technology, music, fashion, software, publishing, and media and entertainment sectors.
Other key lawyers:
‘All members of the firm are highly trained and have an unbeatable customer service attitude. They always study the questions you ask them carefully and give you the best options.’
‘The partners, like the rest of the lawyers in the firm, are accessible, competent and diligent. All of them are of the highest reliability. With a great ethical sense of the profession. Cautious and respectful in their recommendations. We have to highlight all the partners of the firm with whom we work: Pedro Alemán, Javier Martínez Baviere, Miguel Ángel Gómez Nix and María Ruiz Latorre.’
‘The team is highly decisive, attentive and efficient.’
‘The whole team is very rigorous and versatile. We’d highlight the great work capacity of all partners. In particular, the strength of knowledge and experience of all partners.’
‘Javier Martínez Bavière and Pedro Aleman – exceedingly well trained and intellectually curious practitioners of the legal craft. Calm demeanors under pressure and exceedingly well regarded in Madrid and Spanish legal and governmental circles.’
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.
Other key lawyers:
Asociación Española de Videojuegos – AEVI
Asociación Española de Video On Demand – AEVOD
Bimbo Donuts Iberia
- Advising AEVI, the Spanish Video Game Association, on regulatory issues regarding technological protection measures implemented in video games.
- Advised Bimbo, a major company in the pastry market, on different IP-related matters, including copyright, trade secrets, advertising and Internet rights.
- Advised Flymetothemoon on the negotiation and contracting process with Pepsico Foods, A.I.E., (Lays) for the launch of a new nougat product.