In my view, such reform can be an infringement of fundamental right to an ordinary judge predetermined by law, guaranteed by Article 24.2 of our Constitution.

Every web page is published, and the right to freedom of expression that is exerted on the Internet can not be restricted by any kind of censorship, such as Article 20 of the Constitution, can only remember the seizure of publications, recordings and other media under court order.

Cases that may limit the exercise of freedom of expression are also priced in Article 20.4 of the Constitution: These freedoms are limited by respect for the rights recognized in this Part, the provisions of the laws that develop and especially the right to honor, privacy, self-image and the protection of youth and children.

In accordance with our substantive law and procedural conflicts between freedom of expression and intellectual property can only be brought before two courts: the criminal and commercial matters. A judge, in the context of criminal proceedings, may order the precautionary closure of a website.

Likewise, a commercial court judge may grant urgent precautionary measures laid down in Articles 138 and following of the Intellectual Property Law, among which include the suspension of Internet services provided by intermediaries to others that are worth them to infringe intellectual property rights.

Intellectual property is a matter of which must know the administrative courts. The scope of such jurisdiction, as provided in Article 1 of the Act that governs is none other than the claims a deduction in relation to government action subject to administrative law.

Conflicts between web publishers and content holders subject to copyright should be brought before the civil courts, commercial or criminal at best, but not to a court designed to conflicts between administration and citizens.

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The Registrar General of Intellectual Property is part of the General State Administration under the Ministry of Education, Culture and Sport. There are also territorial records managed by the Autonomous Communities who process registrations that occur on their territory.

The Registration is voluntary and therefore the existence of intellectual property rights does not depend on registration: intellectual property rights are born with the creation of the work.

The registry is intended to protect intellectual property rights by providing proof of the existence of the work and ownership that has on it who fits.

Another aim of the Register is to publicize the rights which it fits.

What works can be entered in the Register?
In the registry can sign the rights to all works, performances and productions that are protected by copyright law and intellectual property rights that apply to performers, producers of phonograms and audiovisual recordings, institutions broadcasting, creators of photographs and some editorial productions.

However, they can not be registered because they are not protected by copyright law, ideas, procedures, systems, methods of operation or mathematical concepts in themselves, nor the laws or regulations, decisions of the courts, opinions of public bodies and official translations of such texts.

The Registration of Intellectual Property
May apply for registration of works, performances or productions, the authors of them and those who have any intellectual property right.

Registration is effective from the date of filing, except that this request be remedied because some data is missing or document required for processing. In these cases, the registration is effective when these improvements occur.

Registration applications are presented by providing the official application form in duplicate, copy identifying the work, performance or production, in each case documentation is required and proof of payment of the fee.

The work is presented to register as a general rule, on paper and properly bound with numbered pages. The record also supports the presentation in another media type when the type of work, extent and conditions of the parties should file using other methods. For example:

* If it’s literary and scientific works, appropriately bound copies are provided, with numbered pages shall be evidenced on the cover the title and author’s name (also in the case of comics and comics)
* In the case of databases, will present a specification structure that contains the criteria for system management and data access. It can accompany a recording of the basis for consideration by the Registry.
* Besides the works should provide the musical score. The letter may appear on a separate sheet.
* As to the plays, should be furnished a copy of the work duly bound, with pages numbered and indicate the title and author on the cover. If it is dramatic-musical works, also accompany the scores.
* In the accompanying choreography or pantomime copy of the work as a written description of stage movement. It also can provide any record.
* In the audiovisual identification should be accompanied as exemplary of the work, a descriptive summary. It can accompany a recording.
* In the case of sculptures, drawings, paintings, engravings and lithographs, as exemplary identification must be accompanied by a maximum of three photographs or copies that serve to identify the work.

The request is in any Provincial General Register Office for Intellectual Property, which practices the appropriate disposition from fees.

Registration applications can be sealed well in the diplomatic or consular offices of Spain abroad.

The Register is public, so anyone can request access to the data content that are registered. In these cases the record by making payment of the fee issue? Certificates? o? single notes?.

Direct consultation of the works archived in the registry is reserved exclusively to the holders of the rights over them.

The symbol ©
The owner or exclusive transferee of an exploitation right in a work or production protected by intellectual property law, can put his name before the? ©? though the work or production is not registered and without having to obtain any authorization to do so. You must also indicate the place and year of disclosure of the work or production.

For copies of phonograms may also be putting a? (P)? the name of producer, also indicate the year of publication.

The Intellectual Property Registry, the legal deposit and ISBN
The Intellectual Property Registry aims to protect intellectual property rights and the same inscription on a voluntary basis.

The Legal Deposit gathers all the national bibliographic production: Publishers and producers are required to deposit a certain number of copies of works in the administration.

The I.S.B.N. (International Standard Book Number) is an international numerical code that editors should indicate on the books and pamphlets. Its function is to simplify the implementation of statistical operations and trade relations between booksellers and publishers.

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