Website Promotion and Protection of Intellectual Property: a Spanish law Perspective
| Autor | David López Jiménez |
| Cargo | Full Professor. EAE Business School, Madrid, Spain. Fellow at the University of Brasilia Center on Law and Regulation. Address: Joaquín Costa, 41, Madrid, Spain. Email: dlopez@eae.es. |
| Páginas | 1-20 |
Website promotion and protection of intellectual property: a Spanish law perspective (p. 1-20) 1
JIMÉNEZ, D. L.
Website promotion and protection of intellectual pro perty: a Spanish law p erspective
.
The Law,
State and Tele communications Revi ew
, v. 11, issue 2, p. 1-20, October 2019.
DOI: https://doi.org/10.26512/lstr.v11i2.27016
WEBSITE PROMOTION AND PROTECTION OF
INTELLECTUAL PROPERTY: A SPANISH LAW
PERSPECTIVE
Submitted
: 11/12/201 8
David López Jiménez*
Revised
: 05/01/201 9
Accepted
: 09/02/201 9
Abstract
Purpose
–
The aim of this article is to analyse actions to promote website s that can
violate intellectual prope rty r ights, in other words, copyright and the rights of online
commercial br ands.
Methodology/approach/design
–
An ana lysis of Spanish legislation on inte llectual
property righ ts.
Findings –
Service providers that advertise on In ternet deploy increasingly aggressive
advertising formats which, on occasions, violate intellectu al property rig hts. Spanish la w
on brands and unfair com petition provides ef fective tools to sanction the v arious types of
infraction tha t occur on Internet. Th is legislation could also be supported by indu stry self-
regulation.
Practical implications –
The analysis in this article can be of c onsiderable use to all
actors who op erate in this setting (socie ty, and the public and priva te sectors).
Originality/value –
This article an alyses the infractions that o ccur in advertising in
relation to me ta-labels and online link s.
Keywords
: E-commerce . Competition. Internet. Re gulation. Telecomm unications.
INTRODUCTION
Advertising, thanks to the arrival and consolidation of new technologies,
has new commercial settings in which to act, and one scenario with considerable
potential is e-commerce. Advertising has had to adapt to the presence of virtual
spaces, and venture forward into the future by instigating new and impactful
commercial practices. Unf ortunately, there are actions that violate laws
protecting intellectual and industrial property. The use of new but illegal
techniques whose only aim is to boost company sales must be stamped out by
public authorities. Although the nature of the legislation in this area is both
*
Full Prof essor. EAE Business School, Madrid, Spain. Fellow at the U niversity of
Brasilia Center o n Law and Regu lation. Addre ss: Joaquín Costa, 41, Madrid, Spain. E-
mail: dlopez@eae.es.
2
Website promotion and protection of intellectual property: a Spanish law… (p. 1-20)
JIMÉNEZ, D. L.
Website promotion and protection of intellectual pro perty: a Spanish law p erspective
.
The Law,
State and Tele communications Revi ew
, v. 11, issue 2, p. 1-20, October 2019.
DOI: https://doi.org/10.26512/lstr.v11i2.27016
preventive and repressive, through laws in force to ensure compliance, we must
take into account the unique circumstances surrounding Internet.
A company with an online presence must take adequate measures to
protect its own copyright and intellectual property rights. All websites have
three elements that require copyright protection: the site’s own information
content; any type of graphic design –images, icons, etc.-; and the source code.
The firm must also avoid violating the rights of others, and inform when the
source of any content is copyright of a third party.
There are innumerable business practices that are commercial in nature,
so an assessment of the corresponding limitations that affect the legislation of
different states’ laws on this subject is essential. The best way to tackle the
problem we examine is by preventive action aimed at the efficient resolution of
problems. Here, the importance of codes of conduct, functioning by self -
regulation, cannot be underestimated.
REFLECTIONS ON INTELLECTUAL PROPERTY
There is a typology of rights for industrial p roperty that protects the
creators of inventions, brands or desig ns, among others, to enable them to
develop their activity in the face of market competition; and they count on
sufficient protection against potential misappropriatio n of their rights. There are
various types of industrial pr operty titles depending on th e nature of the
exclusive right one wishes to acquire and the type of intellectual creation in
question.
Intellectual property –in the bro ad sense of the word it includes industrial
property and copyright-, is formed of a set of rules that regulate the acquisition
and use of rights over intangible goods for commercial use. Th e term intellectual
property does not allude to a particu lar subjective right equivalent to that of the
expression of “copyright”, as has traditionally been the case in Spain and Latin
American countries, but rather it is a legal space in which, in addition to the
regulatory dispositions of these rights, other rights coex ist –which confer, or not,
subjective rights- that control the economic activity over which such rights
exercise influence, and in which occurs the incidence of “economic
competition”.
In Spanish law, intellectual proper ty consists of a series of personal and
patrimonial rights that attribute to the author of an original work –and to other
legitimate titleholders- the full ownership of it, and the exclusive right to exploit
it, within the limits stipulated by law.
Copyright, which tries to protect and encourage creativity, safeguards
scientific, literary and artistic creations by attributing to the autho r the exclusive
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