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Internationalising your industrial property


In general, industrial property registrations are territorial, which means that the registration of a patent, trademark or industrial design at the Spanish Patent and Trademark Office (SPTO) only confers on its holder an exclusive right to use it in the territory of Spain.


Consequently, products that include a protected element cannot be exported with a guarantee to other States if they are not also registered there by the same holder.


It is possible to obtain protection in a larger territorial area through different regional and international channels; however, since these options are costly, before making a decision, it is essential to assess the following aspects:


  • What are your potential and future markets?


  • In which markets would you be willing to take legal action to protect your industrial property rights?


  • What resources do you have?


  • What is the strategic position of your competitors?



Based on this analysis, there are different protection strategies:


  • Protect your patent in Europe

  • Protect your patent at international level (PCT)

  • Protect your trademark in other countries

  • Protect your design in other countries

  • Internationalising in the EU after Brexit

  • Internationalising in Latin America