A landmark commitment has emerged among Alicante’s Mercantile Court judges: resolve requests for provisional measures within 24 hours when a brand or design is copied or counterfeited. This speed aims to strengthen this jurisdiction for cases involving Community trademark infringements and to bolster Alicante as a hub for design-intensive industries like footwear, fashion, and toys. For over two decades, Alicante’s Community Trademark Courts have handled such disputes with jurisdiction across Spain, a role reinforced by the presence of the European Union Intellectual Property Office (EUIPO) in the city.
The sluggish pace of justice remains a major complaint among business owners and creators. This concern was voiced at the first International Design Congress organized by the Chamber of Commerce. During one panel, a police inspector cited a striking finding: counterfeit brand activity now moves more money than narcotics. A recent EUIPO study estimated that last year Spain lost almost 1.5 billion euros due to counterfeiting in textiles, cosmetics, and toys, underscoring the material impact on legitimate producers.
These discussions help designers, creators, and entrepreneurs understand the legal tools available to protect their designs from piracy and fakes. Fraud of this kind does not solely reduce tax revenue or legitimate sales; it also damages brand reputation and the ability to sustain growth across markets.
Mercantile judges are keen to expand the use of this streamlined jurisdiction, noting that the Alicante courts have among the fastest response times in the European Union. Provisional measures can be issued within 24 hours to prevent irreparable harm. In those early moments, the aggrieved brand may petition the court to order the other party to cease marketing the product and to withdraw it from the market, among other remedies.
When appeals occur, the timeline extends to roughly two to three months, but the central challenge remains: resolution can take up to two years. The head judge of Alicante Mercantile Court No. 1, Gustavo Andrés Martín, observed that many lawyers instinctively pursue criminal proceedings because they offer rapid tools like seizure of materials. Yet these pathways can stretch for seven years and are often outside the court’s design expertise. The Community Trademark courts, by contrast, have a specialized understanding of design issues. Still, officials emphasize that real progress depends on coordinated investment by public administrations to empower this jurisdiction and ensure it delivers the economic and social benefits it promises. At present, these courts issue around forty rulings per year, with potential for substantially more given the stakes involved.
The Community Trademark courts have grown alongside the EUIPO’s presence in Alicante, which marks its thirtieth anniversary in the city. In its first year, the office processed about 45,000 trademark applications, far exceeding expectations; current figures approach thirty million registrations. Annually, the EUIPO handles around 100,000 design registrations, with Spain accounting for roughly 4,226 of those, according to data presented by EUIPO staff during a conference.
Ephemeral Designs
In this context, EUIPO data highlighted that trademark registration often proves the strongest legal shield against counterfeiting and piracy. The footwear and fashion sectors are among the top registrants in Europe, even though designs in these industries tend to be highly seasonal and transient. As one expert noted, securing a design acts as a credible deterrent. The European Patent Office records nearly 21 million registered designs, reflecting broad protective coverage across diverse product categories.
The role of customs authorities also figures prominently. A Customs official from Spain’s Tax Agency emphasized the critical function of border controls in halting counterfeit goods before they enter national markets. These inspections cover tax compliance, IP protection, and product safety. The official urged manufacturers to share precise product information to improve detection at border checkpoints. The deployment of blockchain technology to trace origin and ownership was cited as a valuable tool. In some cases, authorities can suspend a product for up to a year, with the option to renew, and may order its destruction if IP rights are violated.
The National Court judge Joaquín Delgado discussed internet piracy investigations, stressing how valuable information is when telecom operators and web services providers cooperate. He noted that forthcoming regulations could require providers to furnish data directly, facilitating faster enforcement. Delgado also highlighted that illicit profits are sometimes laundered through cryptocurrencies.
Concerns over regulatory excess were voiced by José Antonio Pastor, head of the Toy Manufacturers Association, who argued that EU norms can be overly rigid for legitimate producers while counterfeiters and imitators often flout safety and quality standards. He called for legislation grounded in practical application and real-world impact, arguing that simply creating new crimes without the means to enforce them is ineffective. Juan Climent García of Tormes Design shared an example of counterfeit products found in China, lamenting that even verified evidence did not lead to action in some cases.