Category of IP right | Type of limitation | Description | Relevant regulation |
|---|---|---|---|
Patents/Utility models/Designs | !!! PATENTS ONLY!!! - Limitations on exclusivity: | Acts done privately and for non-commercial purposes; acts done for experimental purposes relating to the subject-matter of the patented invention, particularly tests and trials conducted with a view to obtain the authorisation for generic medicines; the extemporaneous preparation for individual cases in a pharmacy of a medicine, or acts concerning the medicine so prepared; the use of the patented invention on an air, land or sea vehicle by Member States of the Paris Convention or the World Trade Organisation in those cases where said means of transport temporarily or accidentally enter the Spanish territory. | Law Nº 11/1986 of March 20 on Patents, TÍTULO VI, Article 52 |
Patents/Utility models | |||
Industrial Designs | |||
Topographies of Semiconductor Products | |||
Trade Marks | Limitations on exclusivity - Anyone may use the following: | His name, business name or address; Indications concerning the kind, quality, quantity purpose, value or geographical origin of the goods or services, the time of production of the goods or of rendering the services or other characteristics of the goods or services; The trademark, when this is necessary to indicate the intended purpose of goods or services, such as when the the trademark indicated that the intended purpose of the goods is as accessories or spare parts. | Law Nº 17/2001 of December 7 on Trademarks, TÍTULO II, Chapter II, Article 5 ff |
Copyright | Limitations on exclusivity: | Temporary acts of reproduction without economic significance; Copies for private use; Reproduction, distribution and disclosure of works for the purposes of public security or to ensure the proper performance of formal proceedings; Adaptation of a work, that has already been disclosed, for disabled people on a ‘not for profit’ basis; Quotes and illustrations for teaching purposes; Works and articles on issues of current interest disseminated through the mass media; Access to the contents of a database and the normal use thereof by the user; Use of works for the purpose of reporting current events and the use of works located on public thoroughfares; Cable, satellite and broadcasting; Reproduction, lending and consultation of works located in specialised terminals of non-profit-making establishments for research and conservation purposes (museums, files, libraries, newspaper archives, sound archives, public film archives, etc.); Official acts and religious ceremonies; Parodies. | Consolidated text of the Law on Intellectual Property regularizing, clarifying and harmonizing the applicable statutory provisiones approved by Royal Legislative Decree Nº 1/1996 of April 12, TÍTULO III, Chapter II, Articles 31-39 |
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