Questions answered regarding "intellectual property" as a legal concept in Spain (Part II)


Why is it necessary to protect intellectual property?

The intellectual property rights grant, in addition to the recognition to the creators, the economic remuneration that corresponds to them for the realization of their works and services. It is also an incentive to create and invest in works and services from which society as a whole benefits.


When is a work or performance protected?

They are protected from the moment of its creation, the holders receiving the full protection of the law from that moment and without requiring the fulfillment of any formal requirement.


What are technological protection measures?

Technological measures can be defined as instruments that are intended to prevent or restrict the user of protected works or services that do not have the relevant authorization, reproduction, public communication, etc. What technological measures cannot prevent users of exploitation rights is enjoying some of the limits imposed on exploitation rights. These limits imposed for reasons of social, cultural, national security, etc. allow users-beneficiaries to use in certain cases the rights to reproduce, communicate, distribute, etc. without requiring the relevant authorization from their respective owners, since the application of technological measures may in practice distort any of the limits taxes on the exploitation rights of the holders of intellectual property rights, it has been necessary to establish that the latter provide the means for the beneficiaries of these limits to enjoy them. When the owners do not provide these means voluntarily, the beneficiaries of these limits may go to jurisdictional bodies in order to enforce compliance with said obligation.


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