Good news for some, not so for others (Part II) – The Spanish government takes measures against Intellectual Property violations on the Internet.

5 January 2012

Along with the elimination of the private copying levy from the Intellectual Property Act, the Council of Ministers approved a law which includes amongst other measures, one which moves to repress the unauthorized use of works protected by the Intellectual Property Act on the Internet. Specifically, the procedure for blocking access to unauthorized copies has been regulated.

The affected right holder can sue the Internet service provider over the alleged violation of their intellectual property rights through the second section of the Intellectual Property Commission. In the event that the details of the service provider are unknown, the Commission can request the information from the administrative jurisdiction forthwith. Finally, the Commission can, and as the case may be, following a hearing with the parties responsible for the website, call for the suppression of content used without proper authorization. Should there fail to be voluntary compliance, the Commission can request legal assistance.

For further information, please contact Sönke Lund: [email protected]