In the evolution of intellectual property law in Spain, Royal Legislative Decree 1/1996, dated April 12— the 30th anniversary of its enactment falls today—is a perfect example of the phenomenon that has been plaguing this field for some time now. We are faced with a system under constant revision, whose laws lack the most basic aspiration of any legal norm: durability.
Let us recall that this is the Consolidated Text of the Intellectual Property Law, which led to the repeal—barely nine years after its enactment—of the landmark Law 22/1987 of November 11; the latter, in turn, had brought an end to more than 100 years ofthe reign of its predecessor, the historic Law of January 10, 1879.
The 1987 Act was not to prove particularly long-lasting. During its nine years of existence—before it even came of age—the Act had undergone no fewer than five amendments to its provisions and as many as eight supplementary legislative measures. It is therefore not surprising that lawmakers opted for the tried-and-true method of a consolidated text to try to harmonize the legal framework and give it an appearance of cohesion. Nothing wrong with that, of course.
What is indeed paradoxical is that the 1996 Consolidated Text did not provide intellectual property with the sense of stability (that is, legal certainty) that everyone had expected. The fact is that, since its enactment in 1996, the Consolidated Text has been the subject of no fewer than 22 legislative amendments (to modify, repeal, or add provisions) and more than 11 regulatory implementing measures.
Throughout this tumultuous evolution, intellectual property has experienced— whether willingly or not — every possible variation from the wide array of legal instruments offered by the national legislative landscape (Laws, Decree-Laws, Legislative Decrees, Decrees, Ministerial Orders) and the international landscape (WIPO/WTO Treaties and European Union Regulations/Directives). It has also been subject to corrective action through actions for annulment before the Supreme Court, constitutional challenges before the Constitutional Court, and preliminary rulings before the Court of Justice of the European Union. It has certainly seen it all.
Following the transposition of the latest Copyright Directive for the Digital Single Market through Royal Decree-Law 24/2021, one might think that we have entered a period of regulatory calm. But let’s not be naive.
On March 10, 2026, the European Parliament adopted a report titled“Copyright and Generative Artificial Intelligence: Opportunities and Challenges,” the text of which is nothing less than a call for regulatory action by the European Union in a field fraught with uncertainties.
So the birthday gift for the Consolidated Text of the Intellectual Property Law on its 30th anniversary may well be the announcement of…new reforms! We’ll be here to tell you all about it.
Mabel Klimt, managing partner at Elzaburu