[pp.int.general] where is the manifesto?

[Reinier Bakels]

So what does Spanish law define as intellectual property, and what rights are associated with the ownership of intellectual property?

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>>> REINIER B. BAKELS PhD LL.M. MSc
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  ----- Original Message ----- 
  From: Carlos Ayala Vargas 
  To: Pirate Parties International -- General Talk 
  Sent: Tuesday, December 30, 2008 12:40 AM
  Subject: Re: [pp.int.general] where is the manifesto?


  Reinier Bakels wrote: 
    I betthe Spanish civil law only considered "intellectual property" as a kind of property right to the extent that it is protected by ony of the specific legal regimes: copyright, patents, trademarks, etc. For a lawyer this is so obvious that I can hardly imagine anything else. Civiil law usually is hardly politically loaded, or controversial.
  First of all: the c word as such doesn't exist in Spanish legal terminology -unless you use false friends while translating-; you can check it by comparing the English 2001/29/EC version with the official Spanish translation ... where in one talks about the c word, in the Spanish one talks about derechos de autor (author's rights).

  About Spanish 1889 Civil Law, Intellectual pro...whatever is not in "author's rights, patents and trademarks" section but in "special types of property" together with water & minerals; see it by yourself:

  "The author of a literary, scientific or artistic work, has the right to exploit and have the use of it at his will"

  "The Intellectual Property Law (for the purposes of the original 1889 Civil Law, it referred to 1879's IP Law, even prior to Berne Convention) determines people who are rightholders, the ways to exercise it and its term. In cases not considered nor solved by such special law general rules on property included in this Code will apply"

  Thus, it wasn't considered as a kind of property to the extend that it was protected by author's rights regime; it simply was considered so; IP law was used only to define specific issues; and Civil Law covered the rest of related topics. So, even prior to Berne Convention, in Spain -and probably in other countries-, unfortunately it already existed. Probably it was the fault of some lawyers who considered -who knows why- that inmaterial works can be appropriable -as Spanish Civil Law states, currently in Spain inheritance, transferability and other characteristics of property are applied to commercial rights-; as you can see, lawyers can be harmful when they choose to serve to harmful purposes -like considering author's rights as property (?)-.

  And as you can see, the legal changes to be applied in Spain are a huge bunch, to make our author's rights legal framework match with our goals -i.e., to abolish levies, to reduce term & scope of commercial rights, to allow free non-commercial filesharing, etc-

    I agreee, it is confusing. The term "intellectual property" exists for a long time as a generic concept. But specific rules depending (only!) on a decision "is this intellectual property" did not exist, until very recently. The route always was: this is copyrigh (Y/N) so it belongs to the group "intellectual property" (Y/N).

  Wrong. Check again 1889 Spanish Civil Law: it declared (declares) what can be considered as intellectual pro...whatever. Spanish IP Law doesn't discuss what is and what is not, but it does define its characteristics.

    Not that the statutes usually do not define a concept such as "civil law" either. Some qualifications (jn terms of concepts) have legal consequences, others haven't.
  Which are, according to you and in this case (1889 Civil Law), the concepts not having legal consequences?


                                                                                                    Carlos Ayala
                                                                                                    ( Aiarakoa )

                                                                              Partido Pirata National Board's Chairman



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