propiedad intelectual

PROPERTY INTELLECTUAL

are rights governed by statute that provide individuals with a right

to prevent others from exploiting or abusing their intellectual creations

FORMS OF PROPERTY INTELLECTUAL

PATENTS

A patent is a legal title granted to an applicant for protection of an invention

he patent holder enjoys of protection for your invention; protection is granted during a limited period, which is usually 20 years old

A patent protected invention cannot be manufactured, used, distributed or sold for purposes commercials without the consent of patent holder.

A patent is an exclusive right granted on an invention - the product or process that constitutes a new way of doing something, or proposes a new technical solution to a problem

The first step to get a patent consists ofpresenting a request. Patent application It usually contains the title of the invention as well as an indication about its technical scope

The regulatory body of Colombia in charge of Patents is the Superintendence of Industry and Commerce, which among its functions is Intellectual property.

Patents are granted by national patent offices or by the regional offices that perform exam activities for groups of countries

COPYRIGHT

Copyright is a form of IP designed to protect the rights of a creator of literary and artistic works,

computer programs and databases

Copyright allows the creators to control the use and exploitation of their works, and derivative

works thereof, and covers the copying, adapting, publishing, performing and broadcasting of such

works.

Copyright Whereas patent protection for an invention must be applied for and granted by a patent office, copyright does not require any formal application or registra tion for protection of a creative work.

T.he National Copyright Directorate is a

state agency Colombian, which has the

legal structure of a Unit Special

Administrative attached to the Ministry of

Interior and Justice

Likewise, in judgment C-155 of

1998 of the Constitutional

Court, referenced in Judgment

of the 2010 Supreme Court, it

was established that

Moral copyrights are considered

fundamental rights, as for the creative

faculty of man, the possibility of

expressing ideas or feelings in particular,

their capacity for invention, their

ingenuity and in general all forms of spirit

manifestation

TRADEMARKS

A registered trademark is any

brand, sign or designation

that, during the course of the

transaction, indicates a

connection between certain

goods and services and the

owner of the registered

trademark.

Commercial or commercial law deals with

regulating the brand carefully, since the

association between the sign and the

product or service it represents produces,

or must produce, an unequivocal

identification, capable of distinguishing

thanks to such association some similar

products or services

.Its acronym in English Trade Mark,

indicates to consumers and the competition

that the brand corresponds to a product

name of a business brand. It is mainly used

in Anglo-Saxon countries for unregistered

trademarks. The use of the acronym TM

has been useful in some cases of court

litigation

The registration of a trademark is usually an economic

and simple process. Some money must be put in place

to create a distinctive and therefore protectable

brand. When designing a brand for use in world trade,

it is important to investigate the registered trademark

registrations of the countries where the product will

be sold to ensure that the brand, or something very

similar, has not been registered by another party

It is the Name or symbol

guaranteed under legal

registration, used by a

manufacturer or merchant to

distinguish its products from

other items with which it

competes.

While each country has its own IP laws that include protection for designs, there are two

important international systems in operation for the protection of industrial designs:

-The Community Design system

- The Hague Agreement.

Requirements of a Design For a design to be recognised as qualifying for protection under the Community Design Regulation, it must comply with the following three requirements:

- It must fall within the definition of a ‘design’

- It must be novel (absolute worldwide novelty, similar to patent law)

- It must have ‘individual character’.

It also must have industrial application, but is important to note that design rights do not provide protection for designs dictated by a function or any technical feature.

Note the following definitions:

Only one application is required for Community-wide protection;

There is a 12-month grace period, which can be useful for test marketing before decidingto file an application;

Protection is granted for 25 years;

The right provides a monopoly for the design per se irrespective of the product class; and

An infringement ruling in one member state is enforceable across the EU.

For a design to be recognised as qualifying for protection under the Community Design Regulation, it must comply with the following three requirements:

-It must fall within the definition of a ‘design’

- It must be novel (absolute worldwide novelty, similar to patent law); and

-It must have ‘individual character’.

Traditionally, most EU Member States operated a system for protection of industrial designs

associated with the ‘artistic’ or ‘aesthetic’ features of a design.

DESING RIGTS