Commercial Law Lawyers in Barcelona

Commercial law, also known as business law or trade law, is the branch of law that regulates all acts related to commerce.

All activities that involve an exchange of goods or services to obtain an economic benefit are regulated within this branch of private law.

Commercial Law is responsible, for example, for regulating commercial contracts, regulating competition and unfair competition law, contracting insurance or establishing the rights and duties of business owners.

Commercial law has a series of characteristics that define and distinguish it.

• An professional law. Since it specifically concerns the trade of a professional sector, both commercial and business.
• Es customary. This means that it is based on the commercial traditions of different countries.
• Es individualistic, which means that it does not concern transactions in which public powers intervene. It is focused solely on private law.
• Es progressive and changing, since it adapts and updates depending on the conditions of the commercial exercise.
• Es overall, which means that it is not only responsible for regulating commercial relations that take place within the country itself, but also commercial transactions that take place between individuals or companies internationally.

A brand is a sign that allows us to distinguish or differentiate one product or service from another. This can be a name, a term, or even an associated design.

The objective of a brand is that the market, understood as the group of consumers, knows how to distinguish the product or service of a company from other similar ones.

As we mentioned in the previous question, a trademark is the distinctive sign of a product compared to a similar one. It's what allows the buyer to distinguish one manufacturer or retailer from another offering the same service.

A brand is similar to a person's face, which distinguishes them from the rest of the people around them and makes them recognizable to those who know them.

To prevent a brand from being duplicated or copied to take advantage of the benefits it generates, it is necessary to register it.

In this way, duplications are avoided and the brand is not counterfeited by others.

A patent is a title granted to a person or company that gives them the exclusive right to manufacture, exploit and sell a certain product or service.

When a company or individual has the rights to a product through a patent, they are its “owner.”

Therefore, no one will be able to copy, manufacture or sell the products that are under that patent. Or, at least, no one will be able to do so without your authorization.

In Spain, patents, as a general rule, have a duration of 20 years from the moment the application is submitted. And, if the person or company that has it wants to maintain it, they must pay a fee each year for it to continue in force.

When the owner does not want to exploit his patent, he can decide whether to sell it to others to exploit it or assign his rights to another owner.

Patents can be differentiated according to their object into product patents or process patents.

• Product patents They are those in which rights are conferred on the final result, that is, the product.
• Process patents They do not cover the final product, but rather the manufacturing process by which the product is carried out.

Patents have a series of particularities that it is necessary to know in order to also know what rights are conferred by having them.

First, a patent grants the holder exclusive rights to an invention or product. Therefore, it prevents plagiarism and makes it difficult for competitors to manufacture the same product with the same characteristics.

Patents offer this right for a period of 20 years and their exclusive rights are only valid within the country or region where they have been granted.

Patent holders not only acquire rights by formalizing the patent. Also, they acquire the obligation to disclose or make the invention accessible to the public.

If they cannot comply with this obligation, or do not wish to do so, they must sell or assign the patent rights to another owner.

The commercial contract defines the agreement between two parties who are going to exchange a service for a certain time.

It is a mutual and voluntary agreement, expressed in writing or verbally , in which the contracting party agrees to pay the other party for the services provided.

It could look like an employment contract. However, in this case, the worker is independent, while in the case of an employment contract, the worker depends on the employer.

Commercial contracts are, as we have seen, a contract in which the two parties agree on the terms in relation to a service.

However, for a commercial contract to be valid, regardless of whether it is made in writing or verbally, it is necessary that it meets certain characteristics or conditions, which are fundamental.

These are the following:

• both parts must express their consent in the contract.
• The contracting parties must have legal capacity. In this way, they will exercise their rights themselves. For this reason, a minor, without the consent of the adult owner thereof, will not be able to legally sign a commercial contract.
• The object or service that is going to be exchanged in said commercial contract, It must be totally legal. Therefore, a commercial contract whose object violates current laws will not be valid.

There are a series of elements that should not be missing in any commercial contract concluded in Spain. And these elements, contents and clauses are the following:

• ID. Both parties that form the contract must be identified in it. To do this, the complete data of both must appear in the contract, with the NIF and the address of the companies and representatives.
• The contract must stipulate the obligations to which both parties commit. In addition, all the conditions under which they undertake to comply with said obligations must appear.
• El object of the contract, of course, is another element that must appear. That is, the reason, reason, thing or service for which said contract is being signed.
• La duration of the contract, that is, the start and end date of the contract.
• The way of paid, that is, the price of the service that is being stipulated in the contract, as well as the way in which it will be paid, the deadlines and whether or not it includes the corresponding taxes.
• La working day or, where appropriate, the clarification that the company has freedom of schedule to perform the service.

There are many different types of business contracts (just as there are employment contracts). Some of the most common are:

• Exchange contracts. Its main characteristic is that one good is exchanged for another, or for the provision of a service.
• Collaboration contracts. In this case, one party performs an activity for the other to achieve a specific result.

There are many other types of commercial contracts, such as insurance, conservation or custody, guarantee, loan and credit contracts, etc.

The main difference between an employment contract and a commercial contract is the relationship that exists between both parties.

In an employment contract, a company or self-employed individual hires an employee to perform a series of services in exchange for payment. The party performing the service is subject to the other, being an employee.

In a commercial contract, one party hires another to perform a service, but the service provider is not an employee of the contracting party. In this case, the service provider is independent. If they are an employee, they are self-employed (work on their own account).

A commercial partnership is a contract through which two or more people agree to be partners, obligating themselves to pool money, industry or assets and share the profits.

A commercial company is what, as a general rule, is known as a “company”. And there are different types, among which stand out:

• Limited Liability Company. In it, the partners respond with their capital contribution to the company, not with their personal assets as would occur in the case of self-employed workers. They are known as SL
• Anonymous society. It is divided into shares that can be exchanged. Known as SA

There are other types of commercial companies, such as general partnerships or limited partnerships.