Law 3/1991, from 10th of January, regarding Dishonest Competition, looks to protect competition in the interest of all of those who participate in the market, establishing the prohibition of certain acts of dishonest competition.

What are dishonest competition acts?

Illicit or dishonest competition is every type of behaviour that could, using objective analysis elements, be framed as acts contrary to the demands of good faith inside the commercial plans with the purpose of obtaining a competitive advantage.
It is important to know what acts could be considered as dishonest, the law only states and defines some acts which could be considered dishonest competition, without it signifying a closed list of acts:

• Deception or confusing acts.
• Misleading omissions and aggressive practices.
• Denigrating acts.
• Comparing and imitation acts.
• Exploiting external reputation and violation of secrets.
• Illicit publicity,
• Direct deception of consumers.

In this sense, we can highlight the most usual actions, like the violation of the prohibition of a non-compete clause in a labour contract, the dishonest competition carried out by an old partner of the company.

How can we reclaim the damage?

We have to have in mind that, the more time the behaviour takes place, the bigger the damage. That is why it is important to communicate the illicit behaviour to our legal counsel as soon as we have knowledge of this behaviour.
From the litigation department of Alcázar Abogados we offer our services in these type of legal procedures with all of our experience in these types of controversies. You can contact us through the contact form or by calling 952 00 55 24.

Intellectual property, patents, and brands

Industrial property is a group of exclusive rights that a person can have over an invention, an industrial design, or over a distinctive sign. These rights must be protected from third parties, which is why it is necessary to have the exclusive right over the asset.

Why is registration necessary?

In Spain, there are various types of industrial property rights, each of which have their own legislation, granted by the competent body.

• The distinctive signs that belong to brands and commercial names.
• Patents and inventions.
• Industrial designs that refer to the external appearance of a product.

For an exclusive right to be born over any of these industrial properties, a registration has to be done. This registration is not mandatory, but it is highly recommended benefit from the numerous advantages that the industrial property provides.
From Alcázar Abogados we provide integral counsel to national and foreign clients in everything related to their intangible assets, including legal counsel in administrative and legal procedures in the defence of the protected brand or patent.
This firm has a wide range of experience in this area, with our main focus being the offering of quality services to our clients.
You can contact us through the contact form or by calling 952 00 55 24.