Spain: Economic impact of counterfeiting and piracy

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Spain: Economic impact of counterfeiting and piracy

The European Observatory on Infringements of Intellectual Property Rights carried out a series of studies about the economic impact of counterfeiting in nine economic sectors.

It is estimated that over 7.4% of all sales are lost every year in these sectors due to the presence of fake goods in the European market. The average loss of annual sales in the EU is estimated at 7.4% and at 7.9% regarding direct jobs.

In Spain the percentages of loss of sales increases significantly over 15% in sectors as significant as cosmetics and perfumes (around 17%), clothing and footwear and sporting goods, being the second European country in total loss of sales and jobs. Despite the fact that fake products come mainly from out of the EU, domestic production seems to be on the rise.

The distribution of counterfeit products takes place mainly in street markets, better known as "top manta" markets. Barcelona, Madrid and Valencia are key places but also the tourist towns of the Mediterranean coast are very active. City halls are implementing measures in order to end the presence of "manteros" (illegal street vendor in Spanish common language) in the streets. Madrid city fines the illegal sale of counterfeit products from €150 to €6000. In addition to fines, Barcelona has implemented communication campaigns for tourists with the intention of encouraging visitors to stop buying fake products. Other cities such as Seville and Alicante are implementing similar measures.

E-commerce has become another increasingly common tool for selling fake products in Spain. Counterfeiters have taken advantage of the increase of online sales in order to create new digital platforms for illegal trading. The Spanish police are active when fighting against online counterfeiting. They have a specialised unit for fighting against IP crimes (Sección de delitos contra la propiedad industrial e intelectual) headquartered in Madrid. Any citizen can inform them about a potential IP crime through an online contact form.

The Spanish Customs authorities carried out 2,504 actions against counterfeiting in 2015. Almost 2.6 million products were seized. More than 50% of these products were found in ports and almost 75% originated in Asia.

In 2015 a total of 50,715 trade marks, 2,882 patents and 1,927 industrial designs were filed at the OEPM, the Spanish trade mark and patent office. IP rights are considered positive and necessary by entrepreneurs. However there is still work to be done to promote IP awareness among citizens and visitors. Spain is interesting for counterfeiters not only because of the market that represents by itself but because of the 72 million of tourists that visit our country every year. IP protection in Spain has evolved positively in the past 10 years but there are still things to do and there will be new challenges to face.

gonzalez.jpg

Carmen Gonzalez


PONS IPGlorieta Rubén Darío, 428010 – Madrid SpainTel: +34 917007600Fax: +34 913086103clientes@pons.eswww.ponsip.com

more from across site and ros bottom lb

More from across our site

Renowned litigator Tim Powell, who helped found Powell Gilbert in 2007, is the latest in a string of hires for the US firm
We provide a rundown of Managing IP’s news and analysis from the week, and review what’s been happening elsewhere in IP
The termination of the USPTO's programme ends one way of requesting reviews of claim amendments, but counsel have other options
To mark this year’s World Mental Health Day, IP Inclusive’s Andrea Brewster urges law firms to allow staff to prioritise their mental health without impunity
With the submission deadline fast approaching, we provide some top tips on how to make your firm stand out
On World Mental Health Day, Elizabeth Rimmer shares why legal wellbeing charity LawCare could be heading for its ‘moment in the sun’
In our latest UPC update, we review two decisions by the Court of Appeal, summarise the latest court data, and preview upcoming hearings
James Davies and Vishen Pillay at Adams & Adams discuss IP protection strategies and ownership considerations for AI
HGF CEO Martyn Fish tells Managing IP in an exclusive interview what private equity firm CBPE’s minority investment in the firm means for the business and its people
In-house counsel and teams can now submit information for the 20th annual Managing IP Awards programme
Gift this article