Spain

[ES] Overview of relevant new legislative rules

IRIS 1996-6:1/17

Dolors Fenollosa

Bufete Mullerat y Roca

The following is a brief summary of the new legislative rules that have been passed in Spain in the first period of 1996.

The Intellectual Property Law, dated 11 November 1987, has been repealed by Legislative Royal Decree No. 1/1996, of 22 April 1996 (hereinafter the 'Royal Decree'). This Royal Decree is a code that adjusts, clarifies and harmonises all relevant laws concerning intellectual property in Spain.

The Royal Decree fulfils the final provision of the Law of 11 October 1995 of implementing the Council Directive 93/98/CEE of 29 October 1993, on the harmonisation of the term of protection of author's rights and certain rights related to copyright.

Accordingly, the following laws have been revoked: 1. Law No. 22/1987 of 11 November 1987 on Intellectual Property. 2. Law No. 20/1992 of 7 July 1992 amending the Law 22/1987. 3. Law implementing Council Directive 91/250/EEC of 14 May 1991 on the Legal Protection of Computer Programs (No. 16 of 23 December 1993). 4. Law No. 43 of 30 December 1994 implementing Council Directive 92/100/EEC of 19 November 1992 on Rental and lending rights and certain rights related to copyright in the field of intellectual property. 5. Law No. 27 of 11 October 1995 implementing Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights. 6. Law No. 28 of 11 October 1995, incorporating in Spanish law Council Directive 93/83/EEC of 27 September 1993 on the co-ordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission. 7. Royal Decree of 3 September 1880 on the approval of the bylaws of execution of the Intellectual Property Law of 10 January 1879. 8. Royal Decree No 1434 of 27 November 1987, on the development of the articles 9.1, 11, 12, 14, 16, 17, 18, 19, and 37.1, chapter II and III of Title II of the Intellectual Property Law of 11 November 1987. The Derogatory Provision of the Royal Decree lays down a long list of all the intellectual property regulations that remain in force in Spain.

In conclusion, the present Royal Decree consists of a short recompilation containing the latest changes in Europe as regards copyright and broadcasting services.