“Although Section 1 of Intellectual Property Law states that “the intellectual property of a literary, artistic or scientific work belongs to the author merely for creating it”, it is required that the authorship is irrefutably proven“
Within the Spanish legal system, intellectual property is the combination of rights that belong to the authors and other holders (artists, producers, broadcast entities…) in relation to the works and other subject-matter of their creation. Intellectual property includes all original literary, artistic or scientific creations expressed in any manner or medium, whether tangible or intangible, presently known or which may be invented in the future. Intellectual property, however, expressly excludes business inventions and methods.
The author is the natural person who creates any literary, artistic or scientific work. Although the intellectual property of a literary, artistic or scientific work belongs to the author by virtue of the mere fact that they are responsible for its creation, and thus the author does not require registration to hold such a right, acquiring genuine proof of authorship (by means of its registration with the Intellectual Property Registry or other evidence) establishes the presumption of who is the author and holder of the exploitation rights, and hence it is a very efficient means of proof in case of infringement.
At Vilches y Asociados we analyze the type of right to be protected and, based on our client’s requirements, we obtain the means of proof that will enable them to prove their copyrights in the future.
In service Intellectual Property, our professionals perform the following services related to this management.
- Deposit and registration of the work in the Intellectual Property Registry.
- Notarial deposit (escrow).
- Assignment and licence agreements of exploitation rights.