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

Reinier Bakels r.bakels at pr.unimaas.nl
Tue Dec 30 09:39:15 CET 2008


This is not a definition of "intellectual property" (it is important to be very precise here!). It is "authors right" - copied more or less directly from the Berne convention. Does the heading perhaps say "intellectual property"? That illustrates only tha it is a generic concept.
  Wrong. Wrong because article 429 states that "in cases not considered nor solved by such special law general rules on property included in this Code will apply"; that's not a generic concept at all. And wrong because, considering that:

  Aah: this is just about property, not about intellectual property. It is (as I explained before) about the interface between aopyright etc. and private law. Such a provision moreor less states the obvious.

  - Spanish first IP law was created in 1879 -from its article 1, "intellectual property comprises, for the purposes of this law, scientific, literary or artistic works that can be created by any means"-
  - Berne Convention was created in 1886
  - Spanish Civil law, while created in 1889, obviously makes the connection (by its article 429) with the 1879 law

  That simply means that in Spanish law "intellectual property law" is a synonym for author's law (aka copyright law - but that is more the Anglo-Saxon concept). The fact that this statute precedes the Berne convention is immaterial because the wordings are the same anyway. Perhaps the Spanish inspired the Berne convention.   

  it would be quite meritory to copy a document created 7 years later -maybe they met Doc Brown-. Actually I told you the dates in my mails, so I don't understand why did you say that ... I told you, Spain exists -in this case, this country was a bad example-, and Spanish IP law is older than Berne Convention.

  reinier
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