According to the Spanish Law 24/2015 on Patents, the owner of a patent may bring appropriate action of any type or nature before the ordinary courts against any person who infringes their rights and they may demand the necessary measures to safeguard those rights.
The owner whose patent rights have been infringed may, in particular, seek:
- Cessation of the acts that infringe their rights
- Compensation for the damages suffered
- Seizure of the objects produced or imported in infringement of their rights, as well as the means used for such production or for carrying out the patented process
- Whenever possible, attribution of the ownership of the objects and means seized. In such cases, the value of the goods concerned shall be deducted from the compensation for damages. Where that value exceeds that of the compensation granted, the owner of the patent shall pay the excess to the other party
- The adoption of the necessary measures to prevent continued infringement of the patent, in particular, the transformation of the objects or means seized, or their destruction when such is indispensable in order to prevent infringement of the patent and
- Publication of the judgment against the person infringing the patent, at their cost, by means of announcements and notification to the persons concerned.
Any person who, without the consent of the owner of the patent, manufactures or imports items protected by the patent or uses the patented process, shall be liable for the damages.
Compensation for damages due to the owner of the patent shall not only include the amount of the loss that they have suffered, but also the profits lost through infringement of their rights.
The owner of the patent may also require compensation for the damage suffered as a result of the loss of reputation of the patented invention caused by the person infringing their rights through defective manufacture or unsatisfactory presentation of the invention on the market.