SPAIN Law and Practice Contributed by: Marina Gómez, Arochi & Lindner
11. Appeal 11.1 Appellate Procedure
The Spanish government has taken steps to regulate AI through the creation of the Span - ish Agency for the Supervision of Artificial Intelligence, which ensures ethical AI use and compliance with legal standards. This includes monitoring potential intellectual property issues arising from AI-generated content and enforcing ethical practices. While Spain has not yet seen landmark deci - sions or significant litigation specific to AI-relat - ed intellectual property, the courts are closely monitoring international developments, particu - larly within the EU. Spanish courts often rely on precedents from other jurisdictions to navigate emerging issues. 12.2 Trade Mark and Copyright Use on the Internet In Spain, service providers are generally not liable for illegal content on their platforms under the Law on Information Society Services (LSSI), unless they fail to act after being notified. Copyright and trade mark owners can request takedowns by providing proof of ownership, such as registration. Online marketplaces often require such registra - tions to process takedown requests and enforce rights. Courts can also issue dynamic injunctions, requiring providers to block access to infringing content even if it reappears under different URLs. Spain actively promotes co-operation between rights-holders and platforms to combat online infringement. For instance, initiatives like the PAC - TO (Platform Against Counterfeiting Online) ini - tiative encourage voluntary agreements between stakeholders to streamline enforcement efforts.
In Spain, trade mark and copyright infringement decisions can be appealed. Cases are first heard by the commercial courts, with appeals made to the provincial courts within 20 business days. Appeals may address factual or legal errors, and the provincial court may hold oral hearings. Further appeals can be taken to the Supreme Court but only on limited grounds, such as breaches of procedural law or significant legal principles. 11.2 Timeframes for Appealing Trial Court Decisions Judgments handed down in all types of trials, final orders and any others that the law expressly provides for may be appealed, with the excep - tion of judgments handed down in oral trials, on the grounds of the amount of the claim when this does not exceed EUR3,000. An appeal is expected to take between six months and two years to be resolved. Spain is actively addressing the challenges posed by artificial intelligence in trade mark and copyright laws. Under the Intellectual Prop - erty Act, copyright is limited to works created by natural persons. This means that purely AI- generated works without meaningful human involvement are not eligible for copyright protec - tion. However, if significant human input shapes the creation, the resulting work may qualify for protection, with authorship attributed to the con - tributing individual. 12. Additional Considerations 12.1 Emerging Issues
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