There are two circumstances to look at here:
- Products protected by a European Economic Area (EEA) member state, which are sold in that country or another country within the judicial sphere of this territory. Through the application of the exhaustion of rights doctrine accepted under European Union Law, you would be able to sell a product in Spain which is protected by an industrial property right and acquired legitimately in the other EEA state through an industrial property right, provided it was sold for the first time in the EEA by the holder of the right or with their consent.
Notwithstanding the above, our Trademark Act (Law 17/2001, of 7 December) safeguards the right of the holder to oppose the subsequent commercialisation of products if there are legitimate reasons to do so, particularly if the products have been modified or altered following their commercialisation.
It should be noted that although the principle of free circulation of goods and exhaustion of industrial property rights exist in the European Community, there may be restrictions on the commercialisation of certain products brought about through the application of other legal regulations outside the industrial property sphere.
- Products imported from non-EEA countries. It must be borne in mind, first of all, that such a product may be protected by one or more of the forms of industrial property protection: patent, utility model, trade mark or industrial design.
Given that industrial property rights basically give the holder exclusive rights over the manufacturing, supply and sale, import and export and also possession or storage of the protected products for any of the purposes mentioned, which means they have the right to prohibit third parties from practising any of the cited uses without their consent, prior to the commercialisation of a product, you are required to request authorisation from the registered holder of the rights under which the product being imported for subsequent sale in that country are protected.