01/10/2025 Trademark registration

When is it convenient to register a work in the Intellectual Property Registry

In Spain, copyright is born by the creation of an original work, without the registration being constitutive. However, the Registry can provide qualified proof of the registered rights. For a writer, photographer or developer, the difference between having a right and being able to accredit it takes on special importance when a copy or a contractual dispute arises.

See original publication on LinkedIn 12/09/2026

What does the registration provide?

The Registry of Intellectual Property allows you to register rights on works and other protected creations, complying with the established requirements.

The registration generates a presumption, which admits evidence to the contrary, about the existence and ownership of rights as indicated in the registry.

Registering a work does not make a creation that is not original, nor does it replace a contractual assignment. It is also important to correctly identify the version deposited and who owns each right.

Prepare the test from creation

It is advisable to keep original files, drafts, dates, communications and contracts. If several people participate, their contributions and the rights of each one must be defined before registering or licensing the work.

Registering before disseminating you can provide documentation, even if the protection exists even if it is not registered. It is also convenient to keep the authorizations and proofs of publication. The works can generate income through licenses, editions, adaptations or assignments.

At Premark we help identify what can be protected, who has the rights and what documentation is necessary. Registration can be complemented by dating tools and private deposits, which serve as additional tests, but do not automatically replace public enrollment.