Motion Picture Association obtains favourable Spanish decision in fight against piracy

22 February 2018
Thu, 02/22/2018 (All day)

HOYNG ROKH MONEGIER's Madrid office won a resounding victory for six major movie and TV studios - Columbia (Sony Pictures), Disney, Paramount, Fox, Universal and Warner - under the coordination of the Motion Picture Association (MPA). 

A Barcelona commercial court has ruled that two streaming websites, http://hdfull.tv and http://www.repelis.tv, infringed the claimants' rights by making available to consumers on the Spanish market a large number of protected works, without the authorization of the right holders. The court consequently ordered the six major Spanish Internet service providers (ISPs), Telefónica, Telefónica Móviles, Vodafone, Vodafone Ono, Orange and Xfera móviles, which together control over 90% of the market for broadband internet service in Spain, to block access to the infringing websites. The court granted the claimants' petition in full and extended the ban to other domains, sub-domains and IP addresses whose “exclusive and main purpose” could be to indirectly facilitate access to the infringing websites.

This decision constitutes a strong precedent in Spain for the issuance of blocking orders pursuant to Articles 138 and 139.1(h) of the Spanish Copyright Act, which implement Article 8(3) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (the InfoSoc Directive) and Article 11 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (the Enforcement Directive). Such measures have already been widely implemented in other European countries and have proven to be highly effective in the fight against piracy, with more than 2,000 pirate sites blocked since 2010.

This groundbreaking decision has been widely covered in the Spanish press: http://bit.ly/2ByspaG

José A. Sanmartín, Laura Cantero and Carmen Amor represented the studios in this matter.

  • On 27 November 2018 the Court of Appeal of The Hague in the Netherlands reversed the first instance court’s decision, confirming the validity of AstraZeneca’s patents on their breast cancer drug Faslodex® and reinstating the earlier injunction against Sandoz in PI proceedings.
  • In the landmark Philips Nokia judgement of 1 December 2011 (joined cases C 446/09 and C 495/09) the CJEU responded to a referral by the Antwerp Court of First Instance that in the context of an infringement action it is up to the holder of the intellectual property right to demonstrate that the allegedly infringing goods are intended to be put on sale in the European Union.
  • The EUIPO has released its long awaited “Study on legislative measures related to online IPR infringements”, Carina Gommers and Stephanie Hermoye drafted the Belgian submission on civil measures.
  • Juan José Marín, Full Professor of Civil Law and founder of the Law Offices of Juan José Marín, brings his intellectual property expertise to HOYNG ROKH MONEGIER, where he will lead the copyright practice group.
  • Fabienne Brison is pleased to announce the publication of the 4th edition of "Huldeboek/Hommage à Jan Corbet: Het Belgische auteursrecht. Artikelsgewijze commentaar / Le droit d'auteur belge. Commentaire par article", published by Larcier.