EXERCISE OF DISCRETIONAL JURISDICTION OF THE PUBLIC REGISTRY OF COPYRIGHT IN THE PROCEDURE OF REGISTRATION OF LITERARY AND ARTISTIC WORKS

Abstract

The Federal Copyright Law provides the minimum protection assumptions for authors and their works, and provides that such creations can be registered in the Public Registry of Copyright of the National Institute of Copyright. In this regard, the administrative authority in copyright matters registers or denies the registration of the creations that are presented to it in the exercise of discretionary competence,
by virtue of the fact that, although it has competence and powers to do so, the legislation does not provide under what concepts and characteristics a creation corresponds to one of the branches recognized by copyright of those set forth in article 13 of the Federal Copyright Law, the profile that the person carrying
out the evaluation of literary works must have and artistic to determine the origin or inadmissibility of the inscription and the procedure of opinion of the intellectual creations.