Originality has changed… new IP Act

September 8th, 2015Featured, News0 comments

Many of the most relevant laws from our classification have suffered modifications in the latter time, not being able to be less the Law of Intellectual Property and, from Evolutiza Lawyers and Tax Advisors we update you.

 

This way, in this age of changes that we are crossing the Law is approved 21/2014 of November 4, by that there is modified the Law of Intellectual in force Property that was dating back of the year 1996.

The purpose of the present article is to outline both the positive aspects and the negatives, which have supposed changes in the treatment of the Intellectual Property, and that therefore, it uses as guide to all those persons or companies that could meet affected by the same one.

Inside the negative aspects we emphasize the short period that is granted to the same one, since his review is foreseen in the space of one year. Besides his more restrictive and control character that the previous regulation, in I make concrete regarding the limitation of private copy, which will take prepared a compensation with post in the General Budgets of the State.

We have to add the creation of the canon AEDE, or called colloquial ” Rate Google “, which he claims that the lenders of electronic services who put information contained in periodic publications at the disposal of the public, will have to compensate economically the publishers of the above mentioned publications.

In addition, there is extended the concept “pirate” that we had till then, since are thought that there damage the rights of intellectual property, all those that offer tidy and classified lists of the works.

With regard to the area of the sanctions, we will say that they have given themselves two notable modifications: the first one is the creation of a specific organ to decide the admission to step of the claims and if it has taken place or not infraction. The second modification refers to the classification of these sanctions as very serious, carrying fines of between 150.000 and 600.000 Euros.

As for the positive aspects, we can emphasize the protection term of the phonograms, which previously it was fixed in 50 years, and at present 70 have been extended even.

In addition, in the RD of 1996, it was required expressly the assent of the author to realize a spreading of the work in question, nevertheless, with the regulation that we count at present, a facility is included to spread works which author could not locate, as long as, the above mentioned spreading it is realized by public institutions.

The last one of the positive aspects that we can emphasize is, that the new Law approves the opening of the civil route to chase the crimes carried out against the Industrial Property, this not being reflected in the already mentioned RD 1/1996.

If these interested in the industrial property you do not hesitate to contact us we are specialists in it.