U.S. Ambassador to Spain Used Special 301 to Pressure Spain to Pass the Sinde Law

On December 30, Spain’s new Popular Party government announced the implementation of the “Sinde Law,” which allows a government agency to order the takedown of websites based on allegations of intellectual property infringement by rightholders.  The government will also be able to take action against service providers doing business with the sites.  The former government led by Prime Minister Zapatero did not pass the bill, raising the ire of the United States.

Last week, the Spanish newspaper El Pais reported on a leaked letter from U.S. Ambassador Alan Solomont to the Zapatero government, in which he threatens “retaliatory actions” if the country did not pass the Sinde Law. 

In the December 12, Solomon writes “I encourage the Government of Spain to implement the law regulating Sinde of immediately to safeguard the reputation of Spain as an innovative country that does what it says it will and as a country that breeds confidence.” He points out that Spain is on the Special 301 Watch List, and threatens to “degrade” the country to the “Priority Watch List,” as one of the world’s “the worst violators of global intellectual property rights” if the bill does not pass.

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  • Mike Palmedo

    Mike Palmedo is the admin for infojustice.org, and he manages interdisciplinary research on copyright exceptions at American University College of Law's Program on Information Justice and Intellectual Property. He has Masters degrees Economics and in International Affairs, and is an economics PhD candidate.

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