Crimes related to industrial property in Spain: trademark, trade name and patents

A brand's priority is to guarantee the consumer an identity of its origin. Crimes related to industrial property seriously endanger the credibility of the brand and the product or service.


Using the same logo of a product, a service or a commercial facility, in addition to plagiarizing the product which is registered it is already a crime related to industrial property.


Any person who commits a crime of this type to the detriment of the owner, will be punished with jail terms of up to 4 years.


Those who take advantage of a patent that does not belong to them, reproduce it or offer it for commercial purposes without the permission of the owner will have a prison sentence of between 6 months to 1 year and the corresponding fine.


The list of these types of crimes extends to article 277 of the Penal Code, all of them have jail terms of between 6 months to 4 years depending on the degree of damage that may have been generated in the trademark, patent, owner or company.


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