In an increasingly connected, complex, and dynamic environment, with the emergence of Artificial Intelligence, the opportunities and risks this technology presents are becoming more evident. Consequently, Intellectual Property (IP) has acquired key relevance for companies.
What do we mean by Intellectual Property?
The World Intellectual Property Organization (WIPO) defines it as creations of the mind, such as inventions, literary and artistic works, symbols, names, and images used in commerce. Laws and conventions recognize it as the mental product of a person.
This broad concept encompasses numerous elements present within companies. For example, trademarks or digital content form part of a company’s intangible assets, which, if not protected, may lead to economic and reputational consequences (fraud, plagiarism, etc.).
With the rise of generative AI, it has never been easier to achieve exact replicas of online content. Companies must protect themselves with all available legal tools.
How can a company protect itself?
Below is a guidance framework on Intellectual Property protection for companies, based on best practices recommended by specialized authorities:
Trademarks
- Signs that identify your products or services. They must be distinctive.
- They require registration before national offices (OEPM in Spain), EUIPO (Europe), or WIPO (Madrid System).
- It is necessary to ensure there are no similar registered trademarks (Nice Classification).
- Designing a strong trademark strategy is key to minimizing legal risks.
Copyright
- Protects original creations such as texts, software, photos, videos, designs, and music.
- They are acquired automatically upon creation in more than 170 countries (Berne Convention), though registration is recommended.
- In Spain, rights belong to natural persons. Contracts must be structured to ensure company authorship.
- Specialized legal advice is recommended to assess the originality of the work.
Patents
- Protect novel technical inventions (processes, products, devices, etc.).
- Filed before the OEPM in Spain. They last 20 years and require a complex technical examination.
- The wording of the patent is key to its success, so expert input is essential.
- Inventions must not be disclosed before filing, or protection will be lost.
Industrial Designs
- Protect the external appearance of novel or original products.
- Registered before the OEPM in Spain. Minimum protection of 5 years.
- Territorially limited, with exceptions such as the Community Design (EU) or international protection (Hague Agreement).
- They enhance market value, especially useful in fashion, decor, technology, and packaging.
Other types of IP
- Know-how: practical knowledge based on experience.
- Confidential information: data that must not be disclosed outside the company.
- Trade secrets: non-public valuable information that provides a competitive advantage (e.g., Coca-Cola formula).
- Having detailed agreements and confidentiality clauses is essential to protect these assets.
What conclusions can be drawn?
Companies must act strategically and swiftly, identifying their intangible assets and evaluating the most suitable protection mechanisms.
Having specialized advice and a comprehensive IP strategy (registrations + contracts) allows for maximum protection, legal risk avoidance, and cost optimization.
Protecting innovation is no longer optional: it is a key factor in competitiveness.
Article written by:
Intellectual Property Team
About Metricson
With offices in Barcelona, Madrid, and Valencia and a strong international presence, Metricson is a pioneering firm in legal services for innovative and tech-driven companies, specializing in the protection, strategic planning, and judicial and extrajudicial defense of intellectual and industrial property rights. Since its founding in 2009, it has advised over 1,400 clients from 15 different countries, including startups, investors, large corporations, universities, institutions, and governments.
If you’d like to get in touch with us, don’t hesitate to write to contacto@metricson.com. We look forward to hearing from you!