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Royal Decree 1889/2011, of December 30, which regulates the functioning of the Commission on Intellectual Property, provides in its Chapters III, IV and V the various procedures through which the First Section perform the mediation and arbitration functions entrusted to it by the Recast Text of the Law on Intellectual Property, approved by the Royal Legislative Decree 1/1996 of 12 April.
This ministerial order regulates the establishment of public prices for the provision of services of the First Section of the Commission on Intellectual Property in respect of mediation and arbitration procedures. Substance to this.
The procedures of mediation and arbitration regulated in the aforementioned Royal Decree are erected in an authentic service provision by the First Section of the Intellectual Property Commission, as an organ attached to the Secretary of State for Culture, since they require the technical intervention of experts of recognized competence in the field of intellectual property, without prejudice to the administrative costs of the procedure that they generate. Furthermore, the submission of the parties to these proceedings is voluntary, a characteristic common to all of them.
It should also be noted that the First Section of the Intellectual Property Commission does not perform these functions of mediation and arbitration on an exclusive basis, with interested parties or parties being able to go to other similar instances of voluntary resolution of conflicts in both Spain and the international arena.
Law 8/1989, of 13 April, of Public Fees and Prices, provides in Article 24 that the consideration of public prices shall be given to pecuniary contracts which are satisfied by the provision of services or services. activities carried out under public law when, in addition to such services or activities by the private sector, they are on a voluntary basis on the part of those administered. Article 25 (1) also provides that public prices shall be established at a level covering at least the economic costs incurred in carrying out the activities or the provision of the services or at a level which is equivalent to that of the utility derived therefrom, without prejudice to the fact that, in accordance with paragraph 2 of that provision, where there are social, charitable, cultural or public-interest reasons which give it advice, public prices which are lower than the the parameters set out in the previous paragraph. Finally, in Article 26 (1), it states that the establishment or modification of the amount of public prices shall be made by order of the ministerial department on which the body to be collected and on its proposal depends.
In the context of the development of the procedures governed by Royal Decree 1889/2011 of 30 December 2011, Article 4 (3) (f) and Article 7 (3) (d) and 7 (b) of the Royal Decree, they establish, as document to accompany the request for mediation and arbitration, the constancy of the payment of the provision of funds for the expenses of the procedures substantiated before the First Section of the Commission of Intellectual Property.
Also, they provide for the aforementioned articles that the amount to be satisfied for such expenses will be established according to the provisions of the final Disposition third of the said Royal Decree, Disposition that enables the Ministry of Education, Culture and Sport so that, prior to the report of the Ministry of Industry, Energy and Tourism, it will dictate the ministerial orders of development precise for the fulfillment and application of said Royal Decree.
This order has the report of the Ministry of Industry, Energy and Tourism.
In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:
Article 1. Object.
1. Public prices are established for the provision of services of the First Section of the Commission on Intellectual Property in the mediation and arbitration proceedings brought before it.
2. The quantification of the public prices collected in this order is set at a level that covers at least the economic costs of the services provided by the First Section of the Intellectual Property Commission in the corresponding to a maximum of 5 sessions per procedure. Such public prices shall apply to them, where appropriate, the rate of the value added tax applicable.
Article 2. Payment.
1. The payment of the public prices shall be made by means of the cash income, in the deposit entity authorized by the Ministry of Economy and Competitiveness.
2. The request for mediation shall be accompanied by a record of the payment of a provision of funds of EUR 1,416, which shall include the admission costs for the procedure and the amount corresponding to a session of the proposed mediation procedure. in the Annex to this Ministerial Order.
3. The request for arbitration shall be accompanied by a record of the payment of a provision of funds of EUR 1,716, which shall include the costs of admission to the procedure and the amount corresponding to a session of the arbitration procedure provided for in this Article. in the Annex to this Ministerial Order.
4. The provisions of funds covered by the immediately preceding paragraphs shall be made by the entry of the corresponding amount in the terms provided for in paragraph 1 of this Article 2.
5. In the event that the request for mediation or arbitration is not accepted, the amount of the amount corresponding to the provision of funds shall be refunded, unless the admission is attributable to the applicant. In this case, no refund of the admission costs will be returned to the procedure.
6. Within two months from the date of notification of the termination of the mediation or arbitration procedure, the final settlement of the costs incurred as a result of the termination of the mediation or arbitration procedure shall be carried out by one or both parties. a consequence of that, taking into account in this settlement the provision of funds referred to in this Article.
7. The recovery of the final settlement as referred to in the previous paragraph shall be the responsibility of the State Tax Administration Agency.
Article 3. Management of public prices.
The administration and collection of the public prices regulated in this order will be carried out by the Secretariat of the First Section of the Intellectual Property Commission with the assistance of the General Administration of Management Economic and Financial Secretariat of the Ministry of Education, Culture and Sport.
Article 4. Test practice.
The costs incurred by the test practice in the mediation and arbitration proceedings shall be satisfied by the party who has requested it, or by both parties if they accept it, or the pro rata when it has been proposed by the members of the First Section unless the parties agree to be satisfied by one of them.
Final disposition first. Enablement for development.
The Director-General of Cultural Policy and Industries and the Book are enabled to dictate the instructions they deem necessary for the execution of this ministerial order.
Final disposition second. Entry into force.
This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".
Madrid, March 16, 2012. -Minister of Education, Culture and Sport, José Ignacio Wert Ortega.
ANNEX
Fees for the provision of services of the First Section of the Intellectual Property Commission:
1. Mediation procedure:
a) Fee for admission to the procedure: 100 euros.
b) Rate per session: 1,316 euros (maximum of 5 sessions).
2. Arbitration procedure:
a) Fee for admission to the procedure: 100 euros.
b) Rate per session: 1,616 euros (maximum of 5 sessions).
