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MODIFICATION OF THE LEC prelim MADE BY THE NEW LAW OF INTELLECTUAL PROPERTY

Publicado el 18/12/2014

There are many criticisms that are receiving the recent amendment of Royal Decree 1/1996 of 12 April, approving the revised text of the Intellectual Property Law published in the Official Gazette of the day November 5, 2014 and approved it will enter into force on January 1, 2015, primarily related to the limited temporal projection is expected of it, the limitation of the private copying compensation copyright through the PGE or the establishment of mechanisms supervisory entities restrictive management certainly, but certainly not reach the improvements introduced in the regime of preliminary proceedings through the modification of art. 256 of the Civil Procedure Act (LEC) in paragraphs 7, 10 and 11, as well as adding a fourth paragraph of Article 259 of the same legal body to protect the confidentiality of information obtained through the new preliminary measures introduced in this reform to the digital environment, which can be described as very positive.
Modifications of art. 256 of the LEC referred to the catalog and description of the prelim improve thus substantially weapons and ability to combat the conduct contrary to the rights of intellectual and / or industrial on the internet, enabling the identification of offenders (suppliers and users ) and providing guarantees for the information obtained from them. A) Yes:

* In paragraph 7 the following wording is replaced: "acts developed on a commercial scale" for "acts can not be considered made by mere end consumers acting in good faith and without any intention of obtaining economic or commercial advantage", which really focus protective measures on those who do business and are not limited to leisure.
* In paragraph 10th diligence is introduced in order that "identifies the provider of a service of the information society on which concur prima facie evidence that it is making available or disseminating directly or indirectly, contents form ... / ... considering the existence of an appreciable level of audience in Spain that provider or volume also significant, of protected works and services not authorized made available or disseminated. "through this diligence may obtain" the necessary data for carry identification and may be addressed to service providers of the information society, electronic payment and advertising have or have had in the last twelve months ratios provide a service with the service of society information to be identified. "
* In paragraph 11º now contemplates "that a provider of information society provide the necessary data to carry out the identification of a user of its services, which have or have had in the last twelve months relations provision of a service, on which concur prima facie evidence that it is making available or disseminating direct or indirect form contents ... / .... "

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