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Alonso Sala
CRIMINAL LAWYERS
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Criminal Lawyers in Intellectual Property Defence

Criminal Lawyers in Protection of copyright

+34 91 078 65 74

Crimes against intellectual property (Article 270 CP) punish reproducing, plagiarising or distributing a work without the rightsholder's authorisation, with intent to obtain a direct or indirect economic benefit and to the detriment of a third party; industrial property crimes (Articles 273-277 CP) punish manufacturing or marketing products under someone else's trademarks or patents for industrial or commercial purposes, without the holder's consent and knowing of the registration. Since Organic Law 1/2015 the Code no longer speaks of 'profit motive' but of a direct or indirect economic benefit, a broader formula than direct commercial gain; penalties range from 6 months to 4 years' imprisonment, and up to 6 years in aggravated cases (Articles 271 and 276 CP). 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.

Defence of Intangible Assets and Copyright

Defence 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 defence 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 defence, we argue the information was part of the worker's professional skill set, not protected secrets.

Defence 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

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

Industrial Property

Criminal defence 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 defence combines procedural aggression to stop infringement with legal technique to protect the business model.

  • Urgent precautionary measures for merchandise seizure.
  • Defence 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?
For works (Art. 270 CP), when they are reproduced, plagiarised, distributed or publicly communicated without authorisation, with intent to obtain a direct or indirect economic benefit and to the detriment of a third party. For trademarks (Art. 274 CP), when products bearing a sign identical or confusingly similar to a registered one are manufactured, imported or marketed for industrial or commercial purposes, without the holder's consent and knowing of the registration.
What is profit motive in these crimes?
Since Organic Law 1/2015, Art. 270 CP no longer requires a 'profit motive' but an intent to obtain a direct or indirect economic benefit, a broader formula that can cover, besides direct commercial gain, indirect advantages such as advertising revenue or cost savings.
Is selling counterfeit goods a crime (street vending)?
Yes, it is the offence in Art. 274.3 CP: 6 months to 2 years' imprisonment. If the profit is small and no Art. 276 circumstance applies, the judge may instead impose a fine of 1 to 6 months or 31 to 60 days' community service; it remains a less serious offence and 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 may be an offence relating to business secrets (Arts. 278 and 279 CP: 2 to 4 years' imprisonment and a fine of 12 to 24 months) if the database is a trade secret. Unless it affects the general interest or a plurality of persons, it is only prosecuted on a complaint by the injured party (Art. 287 CP).
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 licence 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 licence.
What is 'risk of confusion'?
Art. 274 CP requires a sign identical or confusingly similar to the registered trademark. If it is not identical, the likelihood of confusion must be assessed; and if the imitation is so crude that no one would take it for the registered sign, the offence can be contested and acquittal sought.
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?
It may be an offence under Art. 270 CP if intent to obtain a direct or indirect economic benefit, such as systematic savings on licences, and harm to the rightsholder are proven. As Art. 270 is in the catalogue of Art. 288, the company may be criminally liable if the requirements of Art. 31 bis are met.
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 licence would have cost.
Does it expire quickly?
After 5 years for the basic offences and 10 for the aggravated ones in Arts. 271 and 276 CP (up to 6 years' imprisonment). If the offence is a continuing one, time runs from the last act (Art. 132.1 CP).
Administrator's liability?
Only if they took part in the acts, by action or omission: criminal liability is personal and does not arise from the position alone. The company itself may be liable under Arts. 31 bis and 288 CP.
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 defence of investigated executives and private prosecution for harmed companies.

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This page is for information purposes only and does not constitute legal advice: every case requires individual assessment. How this content is produced and verified: editorial policy.

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