The unconstitutional appellation against the reform of the intellectual property Act


The first of last January came into force the controversial Intellectual Property Law promoted and adopted by the PP that breaks with the concept of equal loading compensation for private copying to the General State Budget.

Therefore, the Socialist Party filed last 4th of February a constitutional complaint to the Constitutional Court. The appeal was accepted for consideration on third of March, it was promoted by over fifty members of the Socialist Parliamentary Group of the Congress of Deputies.

The PSOE noted in their appellation that the successive laws of the General State Budget from 2012 to 2015 have predetermined the amount of fair compensation, five million euros for each exercise, "without establishing any connection between it and the damage suffered by the authors, "according to Pedro Sanchez, president of the Spanish Socialist Workers party.

The first ground of the appeal is the digital canon, the system of compensation for private copying as it has become public spending, a private legal obligation has been  socialized a private charge, without being covered by any national or European standard and unable to invoke any public or general interest.

Also they saw unconstitutional the provision that requiring management entities to partner to create a single window in which the billing and payment of IPR is processed. That’s why this law violates the right of association.

Lastly, is the compulsory arbitration to which the law refers in case of disagreement between users and producers in terms of tariffs. The PSOE claims that such arbitration is done by a subsidiary committee of the Ministry of Education, Culture and Sport; prohibit the direct claim in the court.

The admission does not constitute a ruling on the merits of that case, the Constitutional Court resolved in the near future and depending of this resolution the consequences will be decisive for the interpretation of the new Intellectual Property law in Spain.


Written by: Sandra Sánchez

Image:  Chris Potter, under Creative Commons license, CC BY 2.0



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