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TITLE I GENERAL PROVISIONS

1.

The following industrial property titles shall be granted, in accordance with the provisions of the present Law, for the protection of industrial inventions:

(a) patents for inventions; and
(b) certificates of protection for utility models.

2.

(1) Any Spanish natural person or legal entity or any foreign natural person or legal entity ordinarily resident or having a concrete and effective industrial or commercial establishment on Spanish territory, or benefiting from the Paris Convention for the Protection of Industrial Property [hereinafter "Paris Convention"], may be granted the industrial property titles regulated in the present Law.

(2) Any foreign natural person or legal entity not mentioned in the previous paragraph may also be granted the industrial property titles regulated by the present Law, provided that the State of which he is a citizen allows natural persons or legal entities of Spanish nationality to be granted equivalent titles.

(3) Any Spanish natural person or legal entity and any foreign natural person or legal entity who is a citizen of one of the countries of the Paris Union for the Protection of Industrial Property [hereinafter "Paris Union"] or who is domiciled or has an effective and proper industrial or commercial establishment in one of the countries of the Union may claim the advantages of the provisions contained in the text of the Paris Convention, which is in force in Spain, in those cases where its provisions are more favorable to him than the provisions of the present Law.

3.

The Law on Administrative Procedure [Ley de Procedimiento Administrativo] shall also apply to the administrative acts regulated under the present Law, and appeals may be lodged in accordance with the provisions of the Law Governing Contentious Administrative Jurisdiction [Ley reguladora de la Jurisdiccion Contencioso-Administrativa].


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