New Regulation on Intellectual Property Registration

The July 13, 2023 edition of the Official State Journal published Royal Decree 611/2023, dated July 11, which approves the Regulation of the Intellectual Property Registry. This new regulation replaces Royal Decree 281/2003 of March 7, which approved the Regulation on the General Register of Intellectual Property.

The main purpose of the new regulation is to adapt the Intellectual Property Registry (IPR) to the laws on the General Administrative Procedure of Public Institutions and on the Legal Regime of the Public Sector.

The following are the most significant innovations introduced by the new Regulation.

The main novelties of the Regulation on the Intellectual Property Register

• Digitalization of the Administration

The new regulation adapts the work and procedures of the Registry to the digitalization of the administration. The use of paper and the physical presence of citizens in administrative offices is being replaced by means of communication and digital processing. Priority shall be given to electronic filing of applications.

• Electronic filing of applications.

The Regulation regulates the electronic filing of applications to the Intellectual Property Register. It is possible to file in person at territorial registries or delegated offices, but preference is given to digital formats for identification copies of works when personal filing is chosen.

• Definition of the Intellectual Property Register

The new provision introduces a definition of the Intellectual Property Registry, emphasizing its public and official character. This makes it possible to distinguish the services and legal guarantees offered by the registry from those offered by private organizations.

• The provision removes the possibility of pseudonymous registration with anonymity.

The provision removes the ability to register works under a pseudonym with anonymity.

The new regulation adapts the Registry's action procedure in accordance with Law 39/2015, especially with regard to the correction of defects on the part of the registrant.

As an innovation, the Regulation introduces the suspension of deadlines when it is necessary to request the interested party to remedy defects or to submit documents and other evidence necessary for the review.

The new provision establishes the electronic document as the only permissible form for a record.

With respect to the publicity of records and files, the Regulation provides for the possibility of accessing the contents of records via the Internet.

The Regulation regulates the publicity of cases and access to identifiable copies of works submitted to the public.In addition, the possibility of studying identification copies of works that have passed into the public domain for research purposes is proposed.

In conclusion, the new Regulation on the Intellectual Property Registry introduces important changes to adapt to the digitalization of the administration and to comply with the General Administrative Procedure Act and the Public Sector Legal Regime Act. These changes are aimed at speeding up procedures, ensuring transparency and providing a public and official registry to protect the intellectual property rights of creators. The Regulation shall enter into force on the day following its publication.