MadridBarcelonainfo@velardevidal.com
Legal & Tax firm
Spain · since 2023
V&V Velarde & VidalLegal & Tax
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Practice 06

IP & tech

The most valuable assets of a modern company rarely appear on its balance sheet: brand, software, data, know-how. Our job is to make sure they are truly yours, properly contracted and defensible in Spain.

We advise technology companies and traditional businesses in digital transition: from trademark filings to platform contracts, from GDPR programmes to infringement litigation.

§ I

When clients call us

A trademark copied or blocked

Oppositions, invalidity and infringement before the OEPM, the EUIPO and the courts.

Tech contracts

SaaS, licensing, software development and service-level agreements.

Personal data

GDPR compliance, international transfers and breach response in Spain.

Key talent moving

Trade secrets, non-competes and ownership of what was created.

IP due diligence

The intangible portfolio in an M&A deal or investment round.

§ II

How we work

01

Inventory

Which intangibles exist, who really owns them, where the gaps are.

02

Protection

Registrations, contracts and technical measures ranked by business value.

03

Operation

Negotiating the tech contracts that carry the revenue model.

04

Defence

Demand letters, oppositions and litigation when the friendly route ends.

§ III

Track record

Anonymised for confidentiality; results illustrative.

Trademark recovered

EUIPO opposition and negotiation: the competitor withdrew the confusing application.

Anonymised · illustrative
Platform contracted

Full SaaS and data-processing contract suite for a scaleup expanding across Europe.

Anonymised · illustrative
Breach managed

Security incident notified in time to the authority, with no subsequent penalty.

Anonymised · illustrative
Portfolio cleaned for M&A

IP due diligence regularised software ownership before the round closed.

Anonymised · illustrative
FAQ

Frequently asked questions

Should we register a Spanish or an EU trademark?
A Spanish trademark is filed with the OEPM under Law 17/2001; an EU trademark, filed with the EUIPO, protects all member states with a single application. The consequence: if the business has European ambitions, the EU mark is usually more efficient; if the foreseeable conflict is local, the Spanish mark gives a fast, solid base. Often the right answer is a combined strategy.
What does the GDPR actually require from a Spanish subsidiary?
The GDPR (Regulation EU 2016/679) and Spain's LOPDGDD (Organic Law 3/2018) require a legal basis for each processing activity, information to data subjects, processor contracts, a record of processing and security measures. The consequence: compliance is a system, not a document — and ordering it before the first complaint or breach is the cheapest version of it.
A freelancer built our software — do we own it?
Not necessarily. Without an express assignment of rights, a company commissioning development from an independent contractor may own less of the code than it assumes. The consequence: every external development needs a contract with a proper rights assignment — investment due diligence always checks it, and fixing it afterwards is possible but more expensive.

Tell us about your matter.
A partner replies.

No endless intake forms, no autoresponders. A partner reads your message and replies within two working hours.

  • A first orientation call at no commitment
  • Confidentiality from the very first email
  • Advice in English or Spanish
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