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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...

IRIS 2019-6:1/10 [ES] Decision concerning information neutrality during election campaigns

On 25 April 2019, a decision from the Junta Electoral Central (Central Electoral Commission - JEC) upheld an action brought by Ciutadans-Partido de la Ciudadanía against a decision of the Junta Electoral Provincial de Barcelona (Barcelona Electoral Commission - JEPB) of 15 April 2019, rejecting its complaint lodged against the Corporació Catalana de Mitjans Audiovisuals (Catalan Audiovisual Media Corporation - CCMA), for the broadcast of the programme 'Sense Ficció: Un procés dins el procés' on TV3 on 9 April 2019. According to Article 66.1 of the Ley Orgánica del régimen electoral general (Representation...