The Council of Ministers, at its meeting on 9 October 2009 and on a proposal from the Minister for Culture, Vice-President Prime Minister and Minister of the Presidency, Vice-President Second of the Government and Minister for Culture The Economic and Finance Ministers and the Ministers for Foreign Affairs and Cooperation, Justice, Home Affairs, Education and Industry, Tourism and Trade have adopted an Agreement establishing an Inter-Ministerial Committee on Labour and Social Affairs, advice in the fight against the violation of intellectual property rights through pages of Internet.

The publication of the above Agreement is available for general knowledge as annexed to this Order.

Madrid, November 12, 2009. -Under-Secretary of the Presidency, Juan Jose Puerta Pascual.

ATTACHED

Agreement establishing an Inter-Ministerial Commission of Work for Counselling in the Fight against the Violation of Intellectual Property Rights through Internet Pages

Intellectual creation is one of the greatest assets in the current era of information and knowledge. In this way, the protection of works that are the object of Intellectual Property rights is revealed to be essential for the cultural and identity development of any society, without forgetting its social and economic impact.

The digital revolution and the evolution of so-called "new technologies", in their condition as phenomena in constant development, are providing a formidable opportunity for the creation and dissemination of cultural content, But they have also created and continue to make, in parallel, new ways of defrauding the intellectual property rights. This set of circumstances is causing, in addition to the infringement of Intellectual Property rights through Internet pages, heavy losses to the sector of the cultural industries with the consequent destruction of employment and wealth of a sector that generates about 4% of the Gross Domestic Product.

addition, the competition involved in the existing illegal traffic, particularly in the digital environment, makes it more difficult to develop new business routes within this framework, by limiting an undoubted economic expansion, having also passed on this topic to be a preferred place on the international and European agenda, as well as in the various forums dedicated to the matter of Intellectual Property.

In order to eradicate the phenomenon of the violation of these rights, it was approved, by Agreement of the Council of Ministers, of 8 April 2005, the Comprehensive Plan of the Government for the reduction and elimination of the activities Intellectual Property infringers, which included measures of all kinds.

The aforementioned Comprehensive Plan provides for five groups of measures that address the problem of the violation of Intellectual Property rights in their different aspects.

These action groups are as follows:

a) Cooperation and collaboration measures.

b) Preventive measures.

c) Social awareness measures.

d) Regulatory measures.

e) Education and training measures.

Since the approval of this comprehensive plan and in the context of the plan, an important number of actions have been carried out corresponding to the different measures envisaged, in order to achieve greater protection in Spain. Intellectual Property Rights.

Among these actions, it could be highlighted that the Government has promoted a constructive dialogue among the different stakeholders in the creation and making available of digital content, to reach solutions They will make the most of the opportunities presented by the new technologies so that they can establish stable collaborations that will allow solutions where there is a convergence of interests.

In this sense, it should be noted that the technological changes that facilitate the distribution and copying of digital content introduce new challenges in a market for the exploitation of the creations based on rules and business models where these new technological possibilities did not exist. To address the challenges and opportunities it is important that the government build a social, regulatory and economic environment that facilitates the creation of content, safeguarding the incentives that drive creation and taking advantage of the considerable potential for development that has the legal offers of cultural and creative content online.

As stated in the Conclusions of the Council of Ministers of the European Union of 20 November 2008 on the development of legal offers of cultural and creative content online and prevention and the fight against piracy in the digital environment, online piracy can harm the proper remuneration of the right holders of Intellectual Property rights in a lasting way, and beyond its consequences in the marketing of traditional physical supports (CD, DVD, etc.), is an important brake on the development of the offer legal content of cultural and creative content online, on which the dynamism of the European industry of cultural and creative content depends to a large extent and threatens cultural creation and diversity.

The aforementioned Council conclusions also point out that the challenges currently posed in the exercise of Intellectual Property rights in the digital environment must be analyzed in the context of a fair balance. between the different fundamental rights, in particular the protection of personal data, the freedom of expression and information and the protection of intellectual property, and to seek solutions in accordance with the general principles of law Community, in particular the principle of proportionality.

Furthermore, the government's support for the development of a legal, competitive, safe and quality digital offer for citizens, which allows for a wide electronic distribution through the Internet of works, must be highlighted. music and audiovisual. The new technologies enable the design of business models that respond to the new demands of the citizens. An attractive legal digital offer at the disposal of citizens will also significantly help to reduce the incidence of infringement of Intellectual Property rights.

In addition, from a development and social cohesion point of view, the online distribution of cultural and creative goods, in particular via the Internet, is a formidable opportunity to facilitate access to the citizens to culture, to economic development, to employment and an opportunity to promote cultural diversity.

The Ministry of Culture has also been developing awareness-raising measures, among which the publicity campaigns promoted from this Department should be highlighted, which have been three so far:

In the 2005-2006 Campaign, under the slogan "Defend your culture", the objective was to promote the value of Intellectual Property in Spanish society. The campaign featured an investment of 1,290,000 euros, and was issued through messages on television, radio, specialized magazines, the Internet and movie theaters.

The 2006-2007 Campaign has taken a greater degree in the need to respect these rights, focusing specifically on the antisocial aspect of the illicit use of protected works and contents. The budget with which it was counted for the same was 2,889,000 euros.

The 2008-2009 Campaign, with a budget of 1,991,356.79 euros has been called "If you are legal, you are legal". It has been extended from November 2008 to August 2009.

From a point of view of monitoring compliance with the Law, the magnificent role of the State Security Forces and Corps is highlighted, indicating that in the last 4 years, 100 websites have been investigated, 43 have been carried out complaints and 43 arrests, and as of September 2009, 34 proceedings have been opened in different Courts of Instruction.

On the other hand, the actions carried out in the Continuous Training Plan of Prosecutors could be highlighted, which, during 2009, developed training actions in the area of the Criminal Protection of Industrial Property Rights. Intellectual, including illegal downloads of intellectual content on the Internet.

Nevertheless the effort made, it is now necessary to strengthen the collaboration of the ministerial departments more involved in the fight against the activities of the Intellectual Property and also the collaboration of these Departments and the private sector to achieve greater effectiveness in this struggle. The presence of the Ministry of Justice, competent for the elaboration of rules in civil, commercial, criminal and procedural matters and department where the General Counsel of the State-Directorate of the State Legal Service is based, is an example of this strengthening collaboration among all the Ministries most involved in the protection of the intellectual property right.

Therefore, and in the context of the reinforcement of the actions already undertaken, it is necessary to create an inter-ministerial commission that is dedicated to the study of the violations against property. Intellectual property carried out through Internet pages, focusing their activity on the analysis of the existing regulatory framework and on activities that will improve judicial action in civil and criminal matters as the main means of fighting against the violation of Intellectual Property rights.

In the educational field, the School 2.0 Program, promoted by the Ministry of Education in collaboration with the Autonomous Communities, will bring about a change in the treatment of information by the educational community, In particular, teachers and students, as well as an advance in the way to search for and select the teaching resources needed for teaching and learning. For this reason, the accessibility of resources in a connected world must be accompanied by actions aimed at informing about the configuration of the rights of Intellectual Property and to raise awareness about their respect, so that this learning and the Teaching activity is developed simultaneously.

In its virtue, in accordance with Article 40.3 of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, on a joint proposal of the Minister of Culture, of the First Vice President of the Government and Minister of the Presidency, Vice-President Second of the Government and Minister for Economic Affairs and Finance, and Ministers for Foreign Affairs and Cooperation, Justice, Home Affairs, Education, Industry, Tourism and Trade, the Council of Ministers, at its meeting on 9 October 2009,

AGREEMENT:

First. -An Inter-Ministerial Work Commission is being set up to advise in the fight against the violation of intellectual property rights through Internet pages, with the composition and operation and for the achievement of the objectives and activities described in the Annex to this Agreement, attached to the Ministry of Culture, as a collegiate body with a working group, as provided for in Article 40.3 of Law 6/1997 of 14 April 1997, The Organization and the Functioning of the General Administration of the State.

The first conclusions of this Commission's work should be drawn up and forwarded to the Ministries of Foreign Affairs and Cooperation, Justice, Economy and Finance, the Interior, Education, Industry, Tourism and Tourism. and Trade, the Presidency and the Culture, before the 10th of December 2009.

Second.-The Ministries of Foreign Affairs and Cooperation, Justice, Economy and Finance, the Interior, Education, Industry, Tourism and Trade, the Presidency and the Culture, will jointly raise the Ministers, the proposals that correspond to the first conclusions of the Commission, before 31 December 2009.

Third. The constitution and functioning of the Commission will not increase any public expenditure and will be met with the material and personal means existing in the Ministries of Foreign Affairs and Cooperation, Justice, Economy and Finance, Interior, Education, Industry, Tourism and Trade, the Presidency and Culture.

Fourth. This Agreement shall enter into force on the day following that of its publication in the "Official Gazette of the State".

ANNEX

Inter-Ministerial Commission of Work for the Advisory in the Fight against the Violation of Intellectual Property Rights through Internet Pages

First. Objectives. -The "Inter-ministerial Commission of Work for the Advisory in the Fight against the Violation of Intellectual Property Rights through Internet Pages" is created for the study and advice on a greater and more effective institutional collaboration between the different ministerial departments responsible and the private sector, with the aim of significantly reducing the negative impact of the Internet pages that facilitate the large scale of Intellectual Property rights, based on the analysis of the framework In the case of the courts, in the various judicial proceedings.

Second. Activities. The Commission's work will consist of:

a) To study the results obtained to date in Spain regarding the performance in the various judicial channels in the fight against the violation of Intellectual Property through Internet pages.

b) To study the case law of the courts regarding the current regulatory framework, in the context of the violation of Intellectual Property rights and the use of Internet pages.

c) To study and highlight possible mismatches between the current legal framework and the new digital scenario that arises with the increasing number of Internet pages that facilitate the violation of property rights Intellectual.

(d) Propose the ways of action which, in the opinion of the Commission, have not yet been effectively used for the protection of intellectual property rights.

e) Propose the necessary measures for the reinforcement of the protection of intellectual property rights on the Internet and for the resolution of the current normative deficiencies, including the appropriate concrete proposals of legislative modification, all in order to have a protection of the rights of Intellectual Property according to the new technological reality, taking into consideration the just balance between the different fundamental rights at stake, in the protection of personal data, freedom of expression and information, as well as the protection of intellectual property, and the principle of proportionality.

Third. Composition and operation.

1. The Commission shall be composed of at least one representative with the rank of Undersecretary or Secretary of State for each of the Ministries of Foreign Affairs and Cooperation, Justice, Economy and Finance, the Interior, Education, Industry, Tourism and Trade, the Presidency and Culture, assisted by the direct managers of the subject with the rank of Director General.

2. The Commission's proposals shall be adopted unanimously by its members.

3. The Secretariat of the Commission shall be exercised by the Director-General responsible for the matter at the Ministry of Culture.

4. The Commission shall be provided with a Standing Working Party, which shall be composed of at least one representative of each of the ministerial departments in the Commission. These representatives will have at least Subdirector General or equivalent level.

The Task Force will develop the mandates entrusted to it by the Commission, bringing to this the proposals and reports to be established in each case.

5. The meetings of this Permanent Working Group will be invited as an advisory, when appropriate, to representatives of the holders of Intellectual Property rights of the different sectors of the content industry in Spain. as music, film, video games and software and the representatives of the service providers of information technologies. The Standing Working Group may also decide to invite specific persons or representatives of other interested institutions or groups.

6. Following its establishment, the Commission shall meet the periodicity deemed appropriate by the Commission.

Fourth. Initiation of the work of the Commission. The Commission shall begin to meet from the entry into force of this Agreement.