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Alonso Sala
CRIMINAL LAWYERS
ES

Criminal Lawyers in Intellectual Property Defense

Criminal Lawyers in Protection of copyright

+34 91 078 65 74

Crimes against intellectual and industrial property (Article 270 CP et seq.) require direct or indirect intent to profit and harm to a third party: reproducing, plagiarising or distributing a work, or manufacturing and marketing products under someone else's trademarks or patents without the rightsholder's authorisation. Case law interprets the intent to profit broadly - including cost savings or any unlawful competitive advantage, not only direct commercial gain - with penalties of 6 months to 4 years' imprisonment, more in aggravated cases. Personal, non-profit downloading is not a crime; uploading and sharing on a massive scale for money is. Our defence distinguishes private use from commercial use and challenges whether there was genuine intent to profit.

Defense of Intangible Assets and Copyright

Defense of Intangible Assets and Copyright

The knowledge economy makes intangible assets the most valuable. We pursue and defend cases of copyright violation (software, literary or scientific plagiarism, audiovisual piracy) and industrial property (industrial designs, patents).

In the criminal defense of these crimes (Arts. 270 et seq. CP), the key battle is usually in:

  • Economic Benefit: The crime requires 'intent to obtain direct or indirect economic benefit'. We discuss this element in P2P exchange platforms.
  • Intent (Knowledge): In distribution chains of supposedly fake products, we defend the merchant by proving they were unaware of the illicit origin of the merchandise, acting as a third party in good faith.

Industrial Espionage and Trade Secrets

We treat the crime of discovery and revelation of company secrets (Arts. 278-280 CP) with maximum rigor. This is a critical crime that occurs when key executives or employees ('insiders') leave for the competition taking 'the crown jewels': customer databases, or algorithms.

We act with extreme speed. As prosecution, we request 'urgent precautionary measures' to search and seize stolen information at the competitor's premises. As defense, we argue the information was part of the worker's professional skill set, not protected secrets.

Defense in Trademark Crimes (Counterfeit)

We defend importers and distributors accused of crimes against industrial property (sale of counterfeit clothing, bags, spare parts, electronics). We work with market experts to demonstrate the absence of 'risk of confusion'.

If the counterfeit product is of such low quality or is sold in a channel so alien to the official one (e.g., street market) that no consumer could believe they are buying the original, we argue that there is no deception to the final consumer, which can lead to acquittal or a substantial reduction in the penalty due to lack of real harm to the trademark's legal interest.

Specialization Areas

Plagiarism & IP

Defense against reproduction, plagiarism, distribution, or public communication of literary, artistic, or scientific works without authorization.

Industrial Property

Criminal defense for manufacturing, importing, or marketing products that infringe patents, utility models, or registered trademarks.

Asset Protection at Alonso Sala

We understand the value of innovation. Our defense combines procedural aggression to stop infringement with legal technique to protect the business model.

  • Urgent precautionary measures for merchandise seizure.
  • Defense of executives in industrial espionage cases.
  • Specialist trademark and patent expert reports.
  • Experience in technological and software crimes.

FAQs - Intellectual Property

When is copying a work or trademark a crime?
It is a crime when done with intent to obtain direct or indirect benefit and to the detriment of a third party, reproducing, plagiarizing, distributing, or publicly communicating a registered work or distinctive sign without authorization.
What is profit motive in these crimes?
Jurisprudence interprets 'profit motive' broadly, including not only direct commercial benefit but also cost savings or any illicitly obtained competitive advantage.
Is asking counterfeit goods a crime (street vending)?
Yes, street vending of counterfeit products is a crime against industrial property. If the benefit is small, it may be treated as a minor offense, but it still carries a criminal record.
What is a trade secret?
Technical or commercial information (Know-how) that is secret, has value due to being secret, and is protected by the company. Stealing and revealing it to the competition is a crime (industrial espionage).
What if an employee takes the customer database?
It is a crime of discovery and revelation of company secrets. Very serious. The customer list is the most valuable asset.
Is importing fake products a crime?
Yes. Importing containers of fake sneakers to sell them is a crime. Customs usually intercepts them and destroys the merchandise.
What is a patent?
The exclusive right to exploit an invention. Manufacturing a patented product without a license knowing it is patented is a crime.
What is trademark civil liability?
Compensation to the trademark owner. It is usually very high: the profit they would have obtained (lost profits) or the price of the license.
What is 'risk of confusion'?
For there to be a trademark crime, the consumer must be able to be confused. If the forgery is so crude that no one would believe it is real, we can fight for acquittal.
Can they destroy my merchandise?
Yes. The Judge usually orders the destruction of seized counterfeit products, sometimes before the trial if it is clear.
What about pirate software in the company?
If the company uses unlicensed programs to save costs systematically, it is a crime against intellectual property. The company is criminally liable.
Is modding a console a crime?
Modding consoles to play copies (chipping) has been much debated, but after the 2015 reform, bypassing technological protection measures for commercial purposes is a crime.
What is a 'patent troll'?
Companies that register dubious patents just to sue. In criminal court, we defend that the patent was null or was not infringed.
Can I be arrested for downloading music?
No. The user who downloads does not commit a crime in Spain. The one who uploads and shares massively earning money is prosecuted.
What is industrial design protection?
Protecting the aesthetics of a product. Copying the design of a registered piece of furniture or jewel can also be a crime.
How is damage calculated?
It is complex. Economic experts are used. Minimum: what the legitimate license would have cost.
Does it expire quickly?
5 years. But be careful, these are crimes that can be considered continuous over time, extending deadlines.
Administrator's liability?
If the company profits from selling counterfeits, the administrator goes to the dock.
What is a 'inaudita parte' precautionary measure?
The Judge orders entering and searching the competitor company by surprise to catch them using stolen secrets before they delete them.
What if I upload copyrighted content to YouTube?
If done systematically for profit (monetization, ads), it's a crime against intellectual property. Occasional use without direct profit is usually not a crime, but civil infringement that can lead to channel closure.

Intellectual Property, Espionage and Trade Secrets

Penal protection of business intangibles is one of the most active fronts of modern economic criminal law. We handle both defense of investigated executives and private prosecution for harmed companies.

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The judicial system is complex. We have the criminal-law specialisation and technical resources required to take on the defence.

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