WORLD TRADE  
ORGANIZATION  IP/N/1/ESP/1/Rev.1/Add.2 
20 February 2004  
 
(04-0728) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   Spanish 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
SPAIN 
 
Addendum  
  
 By a communication of 24 June  1999, Spain, in accordance with Article 63.2 of the 
Agreement on Trade-Related Aspects of Intellectua l Property Rights, gave notification that the 
Ministry of Education and Culture (Subdirectorate-General for Intellectual Property) has revised and 
updated the legislation on intellectual property notified by Spain to the Council for TRIPS. 
 - The updating of the Spanish enactments on intell ectual property, which is attached hereto, 
introduces certain changes to the legisl ation previously notified by Spain. 
 
- The current intellectual property laws included in this update which had not previously been 
notified to the Council for TRIPS are as follows: 
 
- Royal Decree No. 1248/95 of 14 July, partially amending Royal Decree No. 479/1989
 
of 5 May, regulating the composition and proceedings of the Intellectual Property 
Arbitral Board , published in the Official Journal of 4 August 1995.1 
- Royal Decree No. 1802/1995 of 3 November, establishing the system for 
determination of compensatory payments fo r private copying in the cities of Ceúta 
and Melilla , published in the Official Journal of 8 December 1995.2 
- The Articles of the Penal Code specifi cally referring to intellectual property  
(Organization Act No. 10/1995 of 23 November , published in the Official Journal of 
24 November 1995).3 
                                                      
1 See document IP/N/1/ESP/C/4/Add.1. 
2 See document IP/N/1/ESP/C/7. 
3 See document IP/N/1/ESP/E/1. IP/N/1/ESP/1/Rev.1/Add.2 
Page 2  
 
UPDATE OF SPANISH ENACTMENTS ON  
INTELLECTUAL PROPERTY 
 
 
• Royal Legislative Decree No: 1/1996 of 12 April,  approving the Revised Text of the Law on 
Intellectual Property, repealed, in its Single Disabling Clause, a series of regulatory 
provisions.  The laws that are no longer in force are the following: 
 
- Law No. 22/1987 of 11 November, on Intellectual Property. 
- Law No. 20/1992 of 7 July, amending Law No. 22/1987 of 11 November, on 
Intellectual Property. 
- Law No. 16/1993 of 23 December, inco rporating in Spanish law Council 
Directive 91/250/EEC of 14 May, on the legal protection of computer programs. 
- Law No. 43/1994 of 30 December, inco rporating in Spanish law Council 
Directive 92/100/EEC of 19 November, on rental right and lending right and 
on certain rights related to copyright in the field of intellectual property. 
- Law No. 27/1995 of 11 October, incorporating in Spanish law Council 
Directive 93/98/EEC of 29 October, ha rmonizing the term of protection of 
copyright and certain related rights. 
- Law No. 28/1995 of 11 October, incorporating in Spanish law Council 
Directive 93/83/EEC of 27 September, on the coordination of certain rules 
concerning copyright and rights related to copyright applicable to satellite 
broadcasting and cable retransmission. 
• Additionally, under the Revised Text of the La w on Intellectual Property (Royal Legislative 
Decree No. 1/1996 of 12 April), the followi ng enactments – as established in its Single 
Disabling Clause – remain in force: 
 
- Royal Decree of 3 September 1880, approving the Regulations for the 
implementation of the Law of 10 Janua ry 1879 on Intellectual Property. 
- Royal Decree No. 448/1988 of 22 April, regulating the distribution of 
cinematographic films and other audiovisual works in the video medium. 
- Royal Decree No. 396/1988 of 25 April, to give effect to Article 72 of the 
Intellectual Property Law, concerning control of printing. 
- Royal Decree No. 479/1989 of 5 May, regulating the composition and 
proceedings of the Intellectual Property Arbitral Board, where not amended by Royal Decree No. 1248/1995 of 14 July. 
- Royal Decree No. 1584/1991 of 18 October,  approving the Regulations of the 
General Intellectual Property Register, where declared to be in force in 
paragraph 3 of the single transitional provision of Royal Decree 
No. 733/1993 of 14 May. 
- Royal Decree No. 1434/1992 of 27 November, to give effect to Articles 24, 
25 and 140 of Intellectual Property Law No. 22/1987 of 11 November, in the  IP/N/1/ESP/1/Rev.1/Add.2 
 Page 3 
 
 
wording given them by Law No. 20/1992 of 7 July where not amended by Royal Decree No. 325/1994 of 25 February. 
- Royal Decree No. 733/1993 of 14 May, approving the Regulations of the 
General Intellectual Property Register. 
- Royal Decree No. 1694/1994 of 22 July, harmonizing Law No. 30/1992 on 
Rules governing general government institutions and the Common 
Administrative Procedure under Royal Decree No. 1584/1991 of 18 October approving the Regulations of the Ge neral Intellectual Property Register. 
- Royal Decree No. 1248/95 of 14 July, partially amending Royal Decree 
No. 479/1989 of 5 May, regulating the composition and proceedings of the 
Intellectual Property Arbitral Board.
1 
- Royal Decree No. 1802/1995 of 3 November, establishing the system for 
determination of compensatory payments  for private copying in the cities of 
Ceúta and Melilla.2 
• Other laws regulating intellectual property matters are as follows: 
 
- Penal Code Organization Act (O rganization Act No. 10/1995 of 
23 November), Chapter XI, Sections 1 and 4 of which cover offences against 
intellectual property rights, also rep ealing Organization Act No. 6/1987 of 
11 November.3 
- Law No. 5/1998 of 6 March, incorporating in Spanish law European 
Parliament and Council Directive 96/ 9/EC of 11 March 1996, on the legal 
protection of databases. 
 
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