SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
legal protection. However, the use of these signs can serve to inform that a certain sign is a trade mark, and thus prevent possible infringements. These symbols can only be used once the trade mark is registered. 2.6 Related Rights A trade mark may also be protected under copy - right law if the trade mark constitutes a protecta - ble artistic work under intellectual property laws. Trade marks consisting of surnames interact with the moral rights of the author in the sense indicated in 2.1 Types of Trade Marks . Article 9 of the TM Act makes the registration of a trade mark that reproduces, imitates or transforms creations protected by copyright or by another industrial property right condition - al upon the applicant having the appropriate authorisation. 3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works Article 10 of the RLD 1/1996 IP Law grants pro - tection to works consisting of all original literary, artistic or scientific creations expressed by any means or medium, tangible or intangible, now known or to be invented in the future, including: • books, pamphlets, printed matter, letters, writings, speeches and addresses, lectures, forensic reports, lecture explanations and any other works of the same nature; • musical compositions, with or without lyrics; • dramatic and dramatic-musical works, cho - reographies, pantomimes and, in general, theatrical works;
• cinematographic works and any other audio- visual works; • sculptures and works of painting, drawing, engraving, lithography and graphic cartoons, comic strips or comics, as well as their essays or sketches and other plastic works, whether applied or not; • projects, plans, models and designs of archi - tectural and engineering works; • graphs, maps and designs relating to topog - raphy, to geography and, in general, to sci - ence; • photographic works and works expressed by a process analogous to photography; • translations and adaptations; • revisions, updates and annotations; • compendiums, summaries and extracts; • musical arrangements; • any transformation of a literary, artistic or scientific work; and • collections of other people’s works, data or other independent elements such as antholo - gies and databases which, by virtue of the selection or arrangement of their contents, constitute intellectual creations. The work may be considered as a work, a col - laborative work, a collective work or an inde - pendent composite work. 3.2 Essential Elements of Copyright Protection Copyright protection is granted to intellectual creations that are original and expressed in any medium or medium of expression. 3.3 Copyright Authorship In accordance with the provisions of Article 5 of the RLD 1/1996 IP Law, the natural or legal person who creates a literary, artistic or scientific work is considered the author. The author is pre - sumed to be the person who appears as such in
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