1. Anyone who, with the aim of obtaining a direct or indirect economic benefit and in damage third party, reproduces, plagiarizes, distributes, publicly communicates or in any other way economically exploits, in whole or in part, a literary, artistic or scientific work or performance, or its transformation, interpretation or artistic execution fixed on any type of support or communicated through any means, without the authorization of the owners of the corresponding intellectual property rights or their assignees.
2. The same penalty will be imposed on anyone who, in the provision of information society services, with the aim of obtaining a direct or indirect economic benefit, and to the detriment of a third party, facilitates in an active and non-neutral manner and without limiting itself to purely technical processing, access or location on the Internet of works or services subject to intellectual property without the authorization of the holders of the corresponding rights or their assignees, in particular by offering ordered and classified lists of links to the works and content referred to. previously, although said links had initially been provided by the recipients of their services.
3. In these cases, the judge or court will order the removal of the works or services that are the subject of the infringement. When, through an Internet access portal or information society service, the contents that are the subject of the intellectual property referred to in the previous sections are disseminated exclusively or predominantly, the interruption of the provision thereof will be ordered, and The judge may agree to any precautionary measure that aims to protect intellectual property rights.
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Exceptionally, when there is repetition of the behavior and when it is a proportionate, efficient and effective measure, the corresponding access may be blocked.
4. In the cases referred to in section 1, street or merely occasional distribution or marketing will be punished with a prison sentence of six months to two years.
However, given the characteristics of the culprit and the small amount of economic benefit obtained or that could have been obtained, provided that none of the circumstances of the article 271, the Judge may impose the penalty of a fine from one to six months or work for the benefit of the community from thirty-one to sixty days.
5. Those who:
a) Intentionally export or store copies of the works, productions or performances referred to in the first two sections of this article, including digital copies thereof, without the aforementioned authorization, when they are intended to be reproduced, distributed or communicated publicly.
b) Intentionally import these products without said authorization, when they are intended to be reproduced, distributed or publicly communicated, whether they have a legal or illicit origin in their country of origin; However, the importation of the aforementioned products from a State belonging to the European Union will not be punishable when they have been acquired directly from the owner of the rights in said State, or with his consent.
c) Favor or facilitate the conduct of the conduct referred to in sections 1 and 2 of this article by eliminating or modifying, without authorization from the owners of the intellectual property rights or their assignees, the effective technological measures incorporated by them with the purpose of preventing or restricting its realization.
d) With the aim of obtaining a direct or indirect economic benefit, with the purpose of facilitating third parties access to a copy of a literary, artistic or scientific work, or to its transformation, interpretation or artistic execution, fixed on any type of support or communicated through any means, and without authorization of the owners of the intellectual property rights or their assignees, evades or facilitates the evasion of the effective technological measures established to prevent it.
6. Anyone who manufactures, imports, puts into circulation or possesses for a commercial purpose any media primarily conceived, produced, adapted or made to facilitate the unauthorized deletion or neutralization of any technical device that has been used to protect computer programs or any of the other works, interpretations or executions in the terms provided in the first two sections of this article.
art 270 cp
Article 270 of Penal Code Spanish refers to the crimes related to intellectual property.
As a general rule, these crimes They are punishable by prison sentences of 6 months to 4 years and a fine of 12 to 24 months.