Spain increasing pressure on criminal courts against IP rights infringements
By Ceyhun Pehlivan and Jorge Monclús
The Criminal Court number 4 of Castellón (Spain) has recently sentenced a peer-to-peer file sharing webmaster to 18 months’ imprisonment for a continued offence against intellectual property (IP) rights. In addition, the court has also banned him from exercising any activity related with websites for three years. He shall also pay a fine of €21,000 (£17,630).
The court ruled that the webmaster is liable for copyright infringement by having indexed links to P2P files, allowing the users to download copyright-protected content without authorisation of the lawful holders and for his financial gain.
In a different case at the so-called ‘Audiencia Nacional’ — a special court in Spain — where the trial has not yet taken place, the public prosecutor is asking for eight years’ imprisonment for the three webmasters, which allegedly offered illegal downloads of newspapers, journals and books. The reason for seeking such severe imprisonment punishment is that the prosecutor considers they had not only committed an offence against IP rights but also should be considered as a criminal organisation…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.