Oficina española de Patentes y Marcas
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OK | Más informaciónThe data protection officer of the Ministry of Industry, Tourism and Commerce, and therefore the Spanish Patent and Trademark Office, is Francisco Jose Nozal Millán, who reports to the Department's Under-secretary.
The Spanish Patent and Trademark Office (SPTO), as the body responsible for processing personal data in performance of its duties, adapts its activities to personal data protection regulations. If you have any questions about our data protection policy, you can write to the SPTO at Paseo de Castellana 75, Madrid or protecciondedatos@oepm.es
As a registry of industrial property (distinctive signs, inventions and designs),the SPTO collects data when processing registration requests. This may involve the collection of personal data in the case of individuals. The following registry information must be made public: the name and postal address of the person making the request, the owner and/or their representative, and the contact and notification data used for processing purposes.
Personal data may also be collected when needed for administering subsidies and in the management of initiatives involving the dissemination of information technology and knowledge of the industrial property.
Such information must be collected in recruitment and selection processes, for both public service posts and for industrial property agents. The SPTO has to process the data of its employees for human resource purposes, which it always does respecting the principles of data protection regulations.
The SPTO's main legal grounds for processing data in the performance of its functions are:
Law 17/2001, of 7 December, the Trademark Act; Law 24/2015, of 24 July, the Patent Act; Law 20/2003, of 7 July, the Industrial Design Legal Protection Act.
Law 38/2003, of 17 November, the General Subsidies Act.
Law 37/2007, of 16 November, the Reuse of Public Sector Information Act.
Law 19/2013, of 9 December, the Transparency, Access to Public Information and Good Governance Act.
Law 39/2015, of 1 October, the Common Administrative Procedures of the Public Administrations Act, and Law 40/2015, of 1 October, the Legal Regime of the Public Sector Act.
The Public Function Statute (Royal Legislative Decree 5/2015, of 30 October, approving the amended Basic Statute of the Public Sector Employee Act).
In order to improve its services, the SPTO prepares satisfaction surveys in accordance with Royal Decree 951/2005, of 29 July, establishing the general framework for improving the quality of the General State Administration.
With regard to budgets and hiring, personal data is processed by the SPTO and stored in the systems required for this processing to administer recruitment processes and costs arising from the application of its budget and the arrangement, performance and development of contracts. This purpose derives from compliance with the Office's legal obligations. Personal data shall be communicated to financial entities, the Spanish State Tax Administration Agency, the auditors of the State Administration and the Court of Auditors. Respondents to tenders and signatories of contracts with the SPTO are included in the State Procurement Platform and the Public Contracts Registry.
In procedures for which there are no legal grounds, the authority of the SPTO to process personal data is the user's consent. This consent may be withdrawn at any time. However, if the information is required to continue the provision of a service, the SPTO will not be able to continue providing the service.
In addition to their right to withdraw their consent when legitimacy is based on this consent, users may exercise their rights under prevailing regulations by writing to the SPTO at protecciondedatos@oepm.es and through the measures provided for in the Administrative Procedure Act, and by contacting the Spanish Data Protection Agency www.aepd.es. This is particularly the case if they feel that their rights have not been respected within the prescribed periods.
Complaints are not included in the Office's administrative tasks, as there are internal procedural schedules for complaints that ensure they are dealt with appropriately. The Office considers complaints to be received from the time that they are received in Data Protection. Users can exercise their rights to object, restrict processing, rectification, erasure and portability of their data.
As a public registry, the SPTO publishes its decisions in its Industrial Property Official Bulletin (BOPI). The names and addresses of the holders of rights are published in this Bulletin. We recommend that you use a business address if you don't want your address to be published. Inventions receive effective publicity through their publication in leaflet format, containing the owner’s name and address.
The SPTO exchanges registry information with other domestic and international industrial property registries (WIPO, EUIPO, EPO).
The General Subsidies Act stipulates the publicity requirements for these.
The files for public titles are accessible to third parties. The SPTO determines which documents are not public. If you want a document not to be accessible to third parties, you can request this from the SPTO, providing justification. The SPTO will assess whether the confidentiality requested by the owner of the data is compatible with the registry publicity required by the industrial property system.
The SPTO's activity generates important information that is subject to statistical processing. This processing is useful for the innovation community, to which we offer a range of statistical services. These services include lists of the most active applicants and the titles issued to the selected applicants.
The SPTO applies technical measures to limit the effect of registry publicity, when the purpose of the publicity allows this. The SPTO limits the access of robots that index the internet, industrial property bulletins and information relating to selection procedures.
Registration is required to access reusable information containing personal data, such as names and addresses. The processing of such information is subject to prevailing regulations. The public nature of such information does not limit the rights of the owner. This means that such data can only be processed with the consent of the owner of the data or in response to a legitimate interest on the part of the party responsible for the processing.
Data protection for distinctive signs
Data protection for inventions
Data protection for General Secretariat procedures (requests for aid, return of undue amounts, general requests, filing of general powers of attorney, signed declaration for registration in the Special Register of Industrial Property Agents, the start of the industrial property profession for an individual and applications for changes of data on agents and proxies).
