Spain: New Regulation of the Intellectual Property Registry giving preference to electronic registration of works approved
Although the registration of a work in a register does not attribute copyright thereto, doing so can be a safeguard against possible infringements.
The Official State Gazette of 13 July 2023 published Royal Decree 611/2023, of 11 July, approving the new Regulation on the Intellectual Property Registry. This regulation will enter into force on 14 July 2023.
The Spanish Copyright Act (LPI) establishes in its article 1 that copyright to a work corresponds to its author by the mere fact of its creation. In other words, the registration of the work in a register is not a requirement for the attribution of copyright thereto.
However, articles 144 and 145 LPI mandate the creation of an Intellectual Property Register. Why could the registration of a work or other subject -matter in such a register be relevant? The LPI establishes (art. 145.3) a presumption -unless proved otherwise- that the registered rights exist and belong to their registered owner. In other words, the registration of the work or other subject-matter in the register can be a guarantee against possible infringements of rights.
What are the main novelties of the new Regulation on the Intellectual Property Register? Although the regulation is substantially unchanged, preference is given to the electronic registration of works and the administrative efficiency of the register is improved.
The previous regulation of the Intellectual Property Registry, contained in Royal Decree 281/2003, is repealed by the new regulation.