CUESTIONES ACERCA DE LAS INSCRIPCIONES Y ANOTACIONES EN EL REGISTRO GENERAL DE LA PROPIEDAD INTELECTUAL: ESPECIAL CONSIDERACIÓN SOBRE LAS ANOTACIONES PREVENTIVAS.

Abstract

The current legal rules of the Intellectual Property Registry as provided by the new Regulation created by the Real Decree 28172003 raises several interesting questions in relation to the types, structure, content and order of the entries conforming the Registry, especially regarding the types of entries and marginal notes not foreseen in the current regulation, therefore the aplication by analogy of the mortgage and mercantile legislation becomes appropriate. The principal problem raises regarding the model of restraint orders coming from the mortgage legislation and its application for the inscription of intellectual property works. The new Regulation almost literally copies the regulation of the mentioned restraint orders from the article 42 of the Spanish Mortgage Law, with different necessary shapes. Another important questions also appear when inscribing the cinematographic work, because it is a work created in collaboration, having into account the inscription of its different ways of explotation.