Medidas cautelares en el proceso de derechos de autor

Abstract

Currently the copyright have become globalized, we found scattered in almost all the things we see every day. The creative capacity of man is reflected in artistic works such as books, movies, music and more. Those who create these works, ie the authors, from different parts of the world, with different nationalities, and their works are across borders, cultures and languages ??in order to be marketed everywhere. The copyrights have very special characteristics, so the instruments of protection had to adapt to these rights in order to protect them. This has determined that the legal system must protect copyrights by seeking protection instruments not only the restitution of ownership rights to the author, preventing continued infringement, but in specific cases has extended protection to a time prior to the consummation of the offense. Study that given the special nature of copyright, the most appropriate precautionary measures to provide effective protection, are those containing an order of "cessation of the infringing activity" or "start banning illegal activity." The purpose of these measures is to prevent the violation of these rights continue over time, or prevent the violation from start to when it has not yet commenced. All these contents are discussed in depth throughout this study, reaching clear conclusions to help understand the crucial importance of the precautionary measures that are in practice in order to protect copyright.