Contents common to the subjects:
The general rules of civil, contractual and extracontractual liability are set out in the Civil Code. Alongside this there are special laws aimed at regulating the repair of certain types of damages.
In this matter, the contents of non-contractual liability from the point of view of civil law are combined, which means that it begins by distinguishing contractual liability from non-contractual liability and, in relation to the latter, that derived from crime and harmful facts Not constituting an offense. The central object of this subject is the study of what is currently known, among specialists in the field, as a general part of the law of damages - that is, the budgets and basic elements of noncontractual civil liability - and part Special of the Law of damages ", which studies certain types of damages that, either have a special regulation, or they present peculiarities that require to adapt of a careful way the general rules of responsibility.
Specific contents to each subject:
The subject "Responsibility derived from infringements of intellectual property rights" affects the study of some of these special cases of responsibility. Specifically, it focuses on the analysis of damages derived from injuries to the right of intellectual property, through the use of protected works and external services. The approach of the subject aims to meet the peculiarities of the requirement of responsibility for infringement of intellectual property rights, motivated by both the special regulation applicable and the practical interaction with other disciplines. To them have been added two factors of spectacular importance: 1) the profound impact of the new technologies on the exploitation of works and protected benefits, and, consequently, on infringements of intellectual property rights; And (2) the consolidation of a European (legislative and administrative) action program to articulate a cohesive European digital environment in terms of intellectual property.
In correspondence with the above, the program of the subject begins with a general notions about the legal regime of intellectual property law, in order to place the student in the relevant legal and jurisprudential context. The following are analyzed the forms of legal tension and infringement of the different manifestations of exclusive that implies the right of intellectual property, with. Last but not least, the situations legally considered as exemption of liability (limits) are reviewed. Finally, we review, in particular, the means of protection against intellectual property infringements (preventive and reactive, both judicial and extrajudicial and administrative), the peculiarities of valuation of compensable damage and legitimation, with particular reference to On-line infringements and European law.
LIABILITY FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
I.- GENERAL NOTIONS: THE RIGHT OF INTELLECTUAL PROPERTY
1. Intellectual property in Spanish law. International law, European law and national legislation
2. Protected subjects
2.1. Copyright of authors
2.2. Related, neighboring or related intellectual property rights
3.1. Works: originality and conditions of protection
3.2. Other protected benefits
4.1. Moral monopoly and patrimonial monopoly on the exploitation
4.4. Remuneration rights
II.- VULNERATION OF MORAL LAW
1. Authors and Artists
2. Postmortem exercise auctoris moral law
2.1. Legitimate Subjects
2.2. Content, extension and limits
3. Plastic and sculptural works
4. Audiovisual works
5. Plagiarism: jurisprudential evolution
6. Vulnerabilities in the internet environment
III.- VULNERATION OF PATRIMONIAL RIGHTS
1. Infringement of the exclusive right of reproduction
1.1. Exclusive right of reproduction and quotation
1.2. Exclusive right of reproduction and provisional reproductions
1.3. Reproduction of plastic and sculptural works
2. Violation of the exclusive right of distribution: tension with the doctrine of exhaustion of the right
3. Violation of the exclusive right of public communication
3.1. Notion of 'audience'
3.2. Communication "public" or "not public"
3.3. Linking activities
3.4. File sharing platform activities
4. Specificities in software and database cases
5. Infringement of technological measures and infringement of exclusive rights
IV.- EXEMPTIONS OF LIABILITY: LIMITS
1. Limits linked to activities or educational or research purposes
2. Limits linked to information dissemination activities
3. Use of orphan works
5. Private copy
6. Other limits
7. The rule of art. 40.bis
V.- INTELLECTUAL PROPERTY GUARANTEE
1. Preventive measures
2. Measures of repressive protection. Brief reference to the criminal protection of IP
3. Civil liability for the infringement of intellectual property rights.
3.1. Legislative background.
3.2. Directive 2014/48 / EC: Guiding principles. Analysis of art. 13
4. Budgeting of civil liability: action, criterion of subjective attribution of responsibility and causal relationship.
5. Civil liability budget: The damage
5.1. Patrimonial damages: The hypothetical royalty. The negative economic consequences. The restitution of benefits derived from the infringement: the enrichment action
5.2. The moral damage
5.3. Punitive damages and intellectual property
6. Procedural aspects of the action of damages: Active legitimization. Passive legitimation
7. Significant resolutions on the subject: The CORSA index. Resolutions of the CJEU
8. The liability of on-line service providers for infringement of copyright and other related rights
9. Correlation with civil liability derived from the violation of other intangible assets