INTELLECTUAL PROPERTY AS A PROPERTY RIGHT

The rights of creators have been considered in Spain a special property since the Calatrava Law, a rule that this year marks two centuries since its approval. The rule then established a patrimonial conception of Copyright that lasts until today, even though in the European context it tends to abandon its study as special properties. Thus, for example, the European Union, in its regulations and in the name of some of its institutions has adopted the terminology that names "Intellectual Property" to any right on intangible creations, whether artistic or industrial, preferring to use "copyright and related rights" to refer specifically to the former. Taking into account the possible influence of this trend and, above all, the progressive separation of the rights of the creator from the field of property, this paper makes a comparative review within the current Spanish regulation of Property law, and so-called "Intellectual Property" in order to analyse whether it is still justifiable to consider Copyright as a real Property right.