Spain

[ES] Intellectual Property Commission orders the blocking of infringing websites

IRIS 2019-8:1/17

Francisco Javier Cabrera Blázquez

European Audiovisual Observatory

In recent weeks, Spanish courts have authorised the implementation of different measures proposed by the Sección Segunda de la Comisión para la Propiedad Intelectual (the Second Section of the Intellectual Property Commission) – also known as the "Anti-Piracy Commission" – ordering operators to block access to websites that have illegally made available for download copyrighted content without the rights holders’ authorisation. One case concerned the websites www.grantorrent.com and www.grantorrent.net, which illegally offered download links to hundreds of content material without authorisation. In another case, more than 60 websites linked to ThePirateBay were blocked at the request of the Intellectual Property Commission.

The Intellectual Property Commission is an administrative body attached to the Ministry for Culture and Sports, although it does not form part of the Ministry's organisational structure. Its main tasks are mediation, arbitration, tariff determination, tariff control and the safeguarding of intellectual property rights. The Commission also provides advice on any matters within its competence to the Ministry. The Second Section of the Commission on Intellectual Property aims at safeguarding intellectual property rights against infringement by those responsible for information society services, in the event that the latter (either directly or indirectly) act for profit or their activity has caused or is likely to cause pecuniary damage to rightsholders. Section Two acts exclusively at the request of a party, subject to the principles of legality, objectivity, proportionality and contradiction.