The agreement has been successful in improving enforcement of IPR law by self-regulating action on infringing websites, including ‘mirror websites’.
A total of 172 internet domains and 697 subdomains have been blocked in 2021 to prevent illegal access to millions of works (books, musical or audiovisual works, video games…) protected by intellectual property rights.
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The blocking is the result of the work of the Ministry of Culture and Sport, through the Directorate-General for Cultural Industries, Intellectual Property and Cooperation, rights holders and internet service providers who are signatories to the Protocol for the Strengthening of the Protection of Intellectual Property Rights.
On 8 April 2021, Internet access operators in Spain and representatives of intellectual property rights holders, creators and content industries signed, at the proposal of the Ministry of Culture and Sport, the aforementioned Protocol. This is a new cross-industry self-regulatory mechanism to improve the effectiveness of judicially authorised judicial and administrative decisions regarding infringing websites. Thus, under current legislation, the Protocol is enabling more effective protection and development of the legal supply of content in Spain, together with the other legal instruments in force.
Among other measures, it has been agreed to regulate a global response to judicial and administrative rulings on infringing websites and their ‘mirror websites’ or replicas, created under other domains or subdomains to circumvent current legislation and judicial blocking orders.
This agreement has been a milestone in initialling the protection of intellectual property and the fight against illegal supply as an objective of understanding and collaboration between strategic sectors and has placed Spain at the European forefront in this area alongside countries such as Germany, Portugal and Denmark. This measure is undoubtedly favouring the consolidation of a healthy digital ecosystem where the legal supply of content can develop normally, respecting creators and telecommunications companies, and benefiting consumers, employment and the economy, the retention and attraction of talent and, in short, society as a whole.
In 2021, the Technical Committee representing the parties to the Protocol has submitted 32 consultations on a mostly weekly basis and has complied with the submission requirements accurately and consistently. The response from the Ministry of Culture and Sport has always been less than 72 hours (in the last three months there have been many occasions in which the 36-hour deadline for issuing the proposal has not been exceeded).
The signatories of the Protocol, from the cultural sector, are The Coalition of Creators and Content Industries, formed by AIE (Artists, Performers and Players), AEVI (Spanish Association of Video Games), AGEDI- PROMUSICAE, SGAE (General Society of Authors and Publishers), CEDRO (Spanish Centre for Reprographic Rights), EGEDA (Audiovisual Producers’ Rights Management Entity), FEDICINE (Federation of Audiovisual Distributors and Distributors), FEDICINE (Federation of Audiovisual Producers’ Rights Management Entities), FEDICINE (Federación de Distribuidores Cinematográficos) and FGEE (Federación de Gremios de Editores de España), and, from the Internet access operators sector, the members of the Spanish Association for Digitalisation (DigitalES) – Telefónica España, Orange, Vodafone, and the Masmovil Group – as well as Eurona and the Euskaltel Group.
The Ministry of Culture and Sport is currently encouraging other players in the digital ecosystem to join this Protocol, which makes visible a major agreement to strengthen the protection of fundamental rights on the Internet that benefits society as a whole.