Copyright and related rights
The persons with standing to assert intellectual property rights are their holders (actors, phonogram producers, assignees, heirs, etc.). These persons shall be represented by a barrister (procurador) legally authorized to appear in court, and advised by a solicitor (abogado). Holders of rights may also entrust their management to so-called "management agencies" (entidades de gestión), legally constituted entities authorized by the Ministry of Culture to engage either on their own behalf or on behalf of others in the management of exploitation and other patrimonial rights, on behalf of and in the interest of various authors or other holders of intellectual property rights; once authorized, such entities may exercise the rights entrusted to their management and assert them in all types of administrative or legal proceedings. For the purposes of providing documentary credentials of their standing or representative status, at the time of presenting or challenging the application, the management entity must bring forward in the proceedings a copy of its by-laws and certification accrediting its authorization by the administration. The defendant may only oppose, with due substantiation, the lack of representative status of the entity bringing the action, the authorization of the holder of the exclusive right or the payment of the remuneration concerned.
The adoption of precautionary measures is applied for in writing, signed by the person concerned or his legal or voluntary representative, without need of intervention by a barrister or the assistance of a solicitor, unless the precautionary measure is applied for at the same time as the principal claim is brought in the declaratory-judgement proceedings concerned or during the handling of the said proceedings.
Industrial property and unfair competition
In the case of actions concerning industrial property, the holder of the infringed right and, as the case may be and subsidiarily, the exclusive licensee have standing (Article 124 of the Patents Act). A non-exclusive licensee may have standing if he makes an application before the right holder.
In the case of unfair competition, persons participating in the market whose economic interests are injured or threatened by the act of unfair competition have standing to bring actions (Article 19 of the Unfair Competition Act).
As a general rule, it is compulsory to be represented in proceedings by a solicitor (abogado) and barrister (procurador) (Article 3 of the Law of Civil Procedure of 3 February 1881 as last amended on 30 April 1992).
Lastly, as regards the personal appearance before the court by the right holder, under Spanish civil law there is no obligation to appear in person before the court.