Spain

Please contact our office for more information about our services in Spain:

REACT Spain
c/ San Isidro, no. 3, Planta 2, Oficina 1
28220 Majadahonda (Madrid)
T +34 91 639 5318
Contact: Ms Nuria Abella Mendez
spain@react.org
nabella@react.org


Spain is a strategic point for the transit of goods and a big wholesalers and retailers market. Our main ports are Valencia, Algeciras, Barcelona and Las Palmas de Gran Canaria. Fuenlabrada (Madrid) has one of the largest Chinese wholesaler markets in Europe that is located at the area called Cobo Calleja and due to the tourist areas, Spain is a good market for street sellers. REACT started to provide services in Spain in 2007 and has managed to obtain every year a relevant increase in the number of seized goods. From the beginning we have focused our activities on both custom actions and the inspections of the market. One of our main objectives is to cooperate with Customs and other enforcement authorities and the organization of trainings is one of our main activities. 

Our services in Spain

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Simplified procedure

Country Procedures

  • Customs application is available. Valid for one year, provided that IP right is valid until that time
  • Simplified procedure
  • Customs will act ex officio. In such case, the deadline to file a Customs application would be 4 working days
  • Deadline for response to Customs notification of detention is 10 working days, extendable to 10 working days in exceptional cases
  • Timeframe for importer to respond to seizure is 10 working days
  • Counterfeiting is a public offense: any authority could conduct a seizure. Public Prosecutor is part of the criminal procedure
  • Remedies available under criminal law: imprisonment, seizure and destruction of goods, judicial fine to be paid to the state, payment of fees and damage compensation to the right owners
  • Proof of knowledge of counterfeiting is required
  • Ex parte orders available: seizure of samples of infringing goods and related invoices, provisional prohibition under penalty, freezing of assets and a search and seizure order
  • Interim injunctions, damages and costs available
  • Contributory liability remedy available: actions can be addressed against contributory infringers