SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
• use for security purposes or for the develop - ment of official procedures; • acts for the benefit of persons with disabili - ties; • quotations, reviews and illustration for educa - tional or scientific research purposes; • reproduction and communication of works and articles for current affairs disseminated in the media; • use of databases; • use of the works for current affairs and those placed on public roads; • transmission of the work by cable, sending it to a satellite, and technical recordings of the work; • orphan works (unidentified or untraceable owners); • official events and religious ceremonies; and • parody (as long as this does not imply a risk of confusion with the disclosed work, nor harm the original work or its author). 9.3 Exhaustion See the discussion of trade mark rights exhaus - tion in 9.2 Defences to Copyright Infringement (Fair Use/Fair Dealing) . For copyright, in accordance with the provisions of Article 19 of the RLD 1/1996 IP Law, when distribution is effected by sale or other transfer of ownership, within the EU, by the actual owner of the right or with their consent, this right is exhausted with the first sale (although only for successive sales and transfers of ownership that take place in that territorial area).
the effectiveness of the judgment. In particular, they may request: • the intervention and deposit of income obtained through an activity that is considered unlaw - ful and the prohibition or cessation of which is sought in the lawsuit, as well as the consign - ment or deposit of the amounts claimed as remuneration for the intellectual property; and • the temporary deposit of copies of the works or objects that are considered to have been produced in breach of the rules on intellectual and industrial property, as well as the deposit of the material used for their production. Precautionary measures may not be granted ex officio by the judge, nor may they be more burdensome than those requested. Precaution - ary measures may only be granted if the per - son requesting them justifies that, in the case in question, situations could arise during the pendency of the proceedings (if the measures requested are not adopted) which would pre - vent or hinder the effectiveness of the protec - tion that could be granted in an eventual favour - able judgment. In addition, the applicant for the precautionary measure must provide sufficient security to respond quickly and effectively to the damages that the adoption of the precautionary measure may cause to the defendant’s assets. The defendant may plead what they deem appropriate, making use of all the evidence at their disposal. 10.2 Monetary Remedies In accordance with the provisions of Articles 43 of the TM Act and 140 of the RLD 1/1996 IP Law, the compensation for damages must cover: • losses suffered; and • profits forgone.
10. Remedies 10.1 Injunctive Remedies
The owner of the trade mark or copyright may apply to the court for the adoption of such inter - im measures as they deem necessary to ensure
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