Intellectual property in general

What is intellectual property?Intellectual property is made up of a series of rights of a personal or patrimonial nature that grant authors and other holders the disposal and use of its works and services.

Which law regulates intellectual property? The revised text of the Intellectual Property Act, approved by Legislative Royal Decree 1/1996, dated April 12.

What does intellectual property protect?Intellectual property protects original literary, artistic or scientific creations expressed through any means such as books, writings, musical compositions, drama works, choreographies, audio-visual works, sculptures, pictorial works, plans, mock-ups, maps, photographs, computer programs and databases. It also protects artistic interpretations, phonograms, audio-visual recordings and radio broadcasts.

What is excluded from intellectual property protection?The following are excluded: ideas, procedures, mathematical operation methods or mathematical concepts themselves, but not the expression of the former. Also excluded are legal or regulatory requirements, their corresponding projects, resolutions from jurisdictional bodies and acts of public bodies, as well as the translations of such texts.

Why is it necessary to protect intellectual property? Intellectual property rights do not only grant recognition to the creators, but also the corresponding financial compensation for their works and services. They also serve as an incentive for creation and investment in works and services from which society as a whole benefits.

When is a work or service protected?They are protected as from their creation. The holders receive complete protection from the law from that moment on, without having to comply with any formal requirements.

What are the technological protection measures?Technological measures are the instruments designed to prevent or restrict the user of protected works or services without the pertinent authorisation from reproducing them, communicating them publicly, etc.
The technological measures can not prevent users with usage rights from exercising any of the limits imposed on the usage rights. These limits, imposed for social, cultural, national security and other reasons, enable the users-beneficiaries, in certain cases, to use the rights to reproduce, communicate, distribute, etc., without requiring the pertinent authorisation from the respective holders of the rights.
Given that the application of technological measures may, in practice, weaken some of the limits imposed on the exploitation rights of the holders of intellectual property rights, it has been necessary to establish the obligation of the latter to provide those that benefit from these limits with the means required to make use of them. When holders fail to make these means available voluntarily, beneficiaries of these limits will be able to turn to judicial bodies for the purpose of obtaining fulfilment of this obligation.

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