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IRIS 2019-10:1/12 [ES] Central Electoral Commission opens sanctioning proceedings against the acting President of the Government

On 30 October 2019, the Junta Electoral Central (Central Electoral Commission – JEC) opened sanctioning proceedings against the Acting President of the Government for statements made during a TV programme and against the Acting Minister of Education and Government Spokesperson for statements made during a press conference. According to the JEC, although the statements made in the programme Al Rojo Vivo by the Acting President of the Government and candidate in the general elections of 10 November 2019 did not violate Article 53 of the LOREG concerning the prohibition on disseminating advertising...

IRIS 2019-8:1/18 [ES] Using a domain name for the purpose of selling it to the owner of a trademark is forbidden

Several years ago, a person registered a domain name that included the name of a law firm, without using it. The law firm, incorporated as a company in 2015, was using the .eu country code Top Level Domain (ccTLD), but also wanted to register the .es ccTLD that was registered by that person. The law firm contacted the domain owner in order to try to reach an agreement, but the domain owner instead asked for a high amount of money. The law firm filed a lawsuit against the domain owner. The Commercial Court (Juzgado de lo Mercantil) nº 1 of Valencia ruled that the law firm was entitled to register...

IRIS 2019-8:1/17 [ES] Intellectual Property Commission orders the blocking of infringing websites

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....

IRIS 2019-8:1/16 [ES] Acquittal of the four persons responsible for the largest pirated website in Spain

The Criminal Court nº 4 of Murcia acquitted the administrators of the websites "filmsyonkis.es", "seriesyonkis.es" and "videosyonkis.es" from 2008 to 2014of a crime against intellectual property. The judgement considered proven that the aforementioned pages contained links or hyperlinks, classified according to different criteria, preceded or not by a synopsis of the work and its cover, with a discussion forum, and limited themselves to redirecting visitors to external mega servers (mainly Megavideo and Megaupload) which host audiovisual works protected by intellectual property rights uploaded...

IRIS 2019-7:1/12 [ES] Fiscal and labour measures for the protection of creators and artists

On 6 September 2018, the Plenary of the Congress of Deputies approved the report of the subcommittee for the elaboration of the Statute of the Artist, through which the government was requested to approve urgent measures which would improve the working conditions of Spanish creators. The Statute of the Artist includes up to 75 suggestions and measures in the domains of tax nature, labour protection and social security as well as the compatibility between retirement benefits and income from copyright, whose ultimate purpose is to try to adapt the regulatory scheme applicable to the specificities...