RMIT such identification so that it can appear in the proceedings. Providers are required to provide the information they hold. Three
. It introduces a fifth additional provision in the Consolidated Intellectual Property Law, approved by Royal Legislative Decree 1 / 1996 of April 12 with the following wording: The Ministry of Culture, in á scope of its powers, ensure the protection of intellectual property rights against infringement by the services responsible for the information society in the terms provided for in Articles 8 and related provisions of the Law 34/2002 of July 11io, Services for the Information Society.
Four. Amending art. 158 Text of the Intellectual Property Law, approved by Royal Legislative Decree 1 / 1996 of April 12 with the following wording:
"Article 158. Intellectual Property Commission
1. Is created in the Ministry of Culture, Intellectual Property Commission, as a body at national level, to exercise the functions of mediacióny arbitration and protection of intellectual property rights assigned to the this Act
2. The Commission will work through two sections.
Section One shall act as arbitration mediacióny assigned by this law.
Section II shall, within the scope of the powers of the Ministry of Culture, for the protection of intellectual property rights against infringement by the services responsible for the information society in the terms established in Articles 8 and related provisions of Law 34/2002 of 11 July, Services of the Information Society.
3. Section One is for the exercise of the functions of mediacióny arbitration in accordance with the following rules:
The decision of the Commission shall have the effects specified in Law 36/1988, of December 5, Arbitration, and may be reviewed before the civil courts.
The proposal and any opposition thereto shall be served upon the parties, in accordance with Articles 58 and 59 of Law 30/1992 of 26 November, the Legal System Public Administrations and Common Administrative Procedure
The mediation procedure and the composition of the Commission for mediation, shall be determined by regulation, be entitled, in any case,part thereof, in each case which involved two representatives of the management entities of intellectual property rights subject negociacióny two of the cable distribution companies.
2 º. The Commission shall be the basis of arbitration: a.
Giving the settlement, by the parties, conflicts, pursuant to the provisions of paragraph 1 of the preceding article, may occur between entities gestióny associations or users of its repertoire between them and the broadcasters. The submission of the parts to the Commission is voluntary and shall be expressly written. B.
Setting an amount in lieu of general tariffs, for the purposes stated in paragraph 2 of the previous article, at the request of an association of users or a broadcasting organization, provided that they submit For its part, the competence of the Commission with the aim specified in paragraph a of this section.
3 º. Regulations shall be determined for the exercise of its arbitration function, procedure and composition of the Commission, To be entitled, in any case, a part of it, in each case which involved two representatives from two other institutions gestióny association of users or the broadcasting organization.
The decision of the Commission shall be binding and enforceable on the parties.
matters specified in this paragraph shall be without prejudice to any action that may be brought before the competent court. However, the approach to the dispute submitted to arbitration before the Commission decision to prevent judges and courts know it, until the resolution has been issued & OverhaulI, ny where the party invoking it by exception.
4. Corresponds to the Second Section, which acts in accordance with the principles of objectivity and proportionality, the exercise of its functions under Articles 8, 11 and related provisions of Law 34/2002, to safeguard the rights of intellectual property against infringement by the services responsible for the information society.
The division may take steps to stop providing a service of the Information Society to remove content that violates the intellectual property of a provider con profit, directly or indirectly, or who intend to cause property damage. The implementation of these resolutions, as they may affect the rights and freedoms guaranteed in Article 20 of the Constitution, require prior judicial authorization, in accordance with the procedure provided for in Arti ass 122 bis of the Law Governing Contentious Administrative Jurisdiction.
provisions of this paragraph is without prejudice to any civil, criminal and contentious-administrative, if any, might be due to holders of intellectual property rights. Regulations shall determine
n composicióny Seccióny operation of the procedure for exercising the functions assigned to it.
Five. Amending Article 9 of Law 29/1998, of July 13, numbering the existing text as paragraph 1 and add a paragraph 2, with the following contents:
2. It will be the Central Courts of administrative litigation authorized by order, execution of the resolutions adopted by the Second Section of the Commission on Intellectual Property to interrupt the provision of services informació , not to withdraw contents that violate the intellectual propertyintellectual, adopted pursuant to Law 34/2002 of 11 July, services of information society.
Six. Amending the letter d) of paragraph 1 of Article 80 of Law 29/1998, of 13 April, regulating the administrative jurisdiction, the following terms:
d) relapsed on authorizations provided for in Article 8.6 and in Articles 9 and 122 bis. "
Seven. It introduces a new Article 122 bis of Law 29/1998, of 13 April, regulating the administrative jurisdiction, the following terms:
1. The implementation of measures to interrupt the provision of information to withdraw contents that violate the intellectual property, adopted by the Second Section of the Commission on Intellectual Property in application n of the Law 34/2002 of 11 July, services of information society, will require prior judicial authorization as provided in the following paragraphs.
2. As agreed by the Commission, request the competent court authorization for executionloss.
Eight. Amendment of paragraph 5 of the Fourth Additional Provision of Law 29/1998, of 13 July governing Contenciosaadministrativa Jurisdiction with the following lines:
5. Administrative acts issued by the Data Protection Agency, National Electric System Commission, Commission for the Telecommunications Market, Economic and Social Council, Institute "Cervantes", Nuclear Security Council and University Council, the Commission on Intellectual Property, directly, in one instance, before the Chamber for Contentious Administrative Court.
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