On Tuesday 15 of this month and after the inevitable controversy has approved the final version of the text of the Sustainable Economy Act by the Senate. Much of the controversy over the Law was due to what was originally drafted in the first final provision, which now becomes the Forty-Third. At the same changes are made affecting various standards, mainly to Law 34/2002, of July 11, Services Information Society and Electronic Commerce, and Royal Decree 1 / 1996 of April 12, Intellectual Property We are referring to what has become known as the "Sinde."
The primary modification that produced the other changes is included in Article 8 of Law 34/2002, which establishes the possibility of disruption of services to provide Internet services through the case there is a violation of intellectual property rights, ie the green light is given to the possibility of closing websites infringing intellectual property rights.
To carry out the court order establishing the Commission on Intellectual Property, divided into two sections with different skills. The agency quoted the Ministry of Culture, as a body that will exercise national mediation and arbitration and protection of intellectual property rights.
As already indicated, the Intellectual Property Commission once it is created, will be divided into two sections. The first of them as conflict mediation body of intellectual property rights arising between management companies and third parties with their award value decisions. A second section, on which lie the heaviest and which interests us here, charged with carrying out the process of safeguarding intellectual property rights against possible infringement by the services responsible society information.
to proceed with the removal of such content the second section of the Intellectual Property Commission, established a procedure that can be initiated at the request of a party or ex officio. To carry out such action previously informed the service provider for a period of 48 hours applicable to the removal of content protected by intellectual property or to the presentation of the arguments deems appropriate. Upon issuing of a resolution by the Commission if it involves the removal of the contents of infringement, to carry out the execution of this measure, in any event, require prior judicial authorization to proceed with its withdrawal .
is in the process for judicial approval that has been created to carry out the withdrawal of Contents related where there have been more critical, as the same shall be dealt with before the contentious jurisdiction - Management, instead of bringing back the civil jurisdiction, that would be responsible given the substance of ownership of such rights.
This procedure will start at the request of the Second Section of the Intellectual Property Commission, asking the court permission for its implementation, within two days, issued Auto in which resolution of at validated or rejected, after a call for both parties with the Department.
attempted
If the appeal of that decision of the Commission, was established as competent Litigation Division - Administrative Court.
Regardless of the opinion that we can raise all the controversy surrounding what this law, we must keep a watch on future legislative developments that have yet to be determined for both sections Commission on Intellectual Property, expected before the months of June, July. Therefore, it is certainly advisable to revise the legal level, in depth of content contained within the corporate websites of all bodies, to avoid possible closure due to copyright infringement.
Medical Writing Published in the Tuesday, February 17, 2011. Number 1399. Year VII.
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