INTELLECTUAL PROPERTY FORMS

INTELLECTUAL PROPERTY FORMS

1. Elaborated: Daniel Yobanny Diaz Gaitan Group: 212032_4

2. Intellectual property rights (IPR) are statutory rights that give people the right to prevent others from exploiting or abusing their intellectual creations. Some of these rights require registration, while others are simply acquired at the time of creation without the need for a formal registration process.

   • COPYRIGHTS
     • It is a form of intellectual property designed to protect the rights of a creator of literary and artistic works, computer programs and databases.
       • They allows creators to control the use and exploitation of their works and their derivatives. works thereof, and covers the copying, adaptation, publication, execution and dissemination of such works.
         • They are generally applied to avoid copying, plagiarism and misuse of a work, but it does not prevent a third party from independent development of the idea or similar work.
           • Works protected by copyright
             • Typical works covered by copyright are: original literary, dramatic, musical and artistic works, published editions of works, sound recordings, movies, videos, transmissions and cable programs, computer programs and databases.
           • Ownership of Copyright
             • Economic rights are those rights related to the ownership, use and exploitation of the work covered by copyright.
               • Moral rights are the rights of the author of the work to be identified as the author, also in terms of opposing any derogatory treatment of the work, even if the author is not ultimately the owner of the work.
                 • The general rule is the first owner of a literary, dramatic, musical or artistic work is the author.
                   • The main exception is when such work is done in the course of employment, in which case the employer owns the copyright, unless otherwise specified in the employment contract or there is a written agreement to the contrary. However, according to the long academic tradition, most universities do not claim ownership of copyrights in pedagogical works, academic publications, books or artistic works of their employees.
           • Granting of Copyright
             • Copyright does not require any formal request or registration for the protection of a creative work. Copyright comes into operation automatically at the time a work is completed, that is, they remain in that work for the creator.
           • Duration of Copyright
             • International treaties have done much to harmonize copyright law in all territories, particularly with respect to the duration of copyright, which in the past varied widely between countries depending on the particular form of copyright.
               • However, on September 12, 2011, the EU Directive 2011/77 / EU, which extends the term of 50 years to 70 years for copyright in the setting of performances and sound recordings in Europe, received the approval of the Council of Ministers and must be promulgated in the member states before November 1, 2013.
           • International protection
             • There are international treaties that deal with copyright and to which most countries have subscribed, especially the Berne Convention for the Protection of Literary and Artistic Works, and the Universal Copyright Convention (UCC). The Berne Convention of 1886 is the oldest international treaty governing copyright protection.
               • Material copyright created by nationals or residents in a country affiliated with the aforementioned international conventions, therefore, are protected by the national laws of each country that is part of the convention.
               • Copyright owners in a specific country, therefore, may exercise their rights in foreign territories covered by the Berne Convention and other treaties.
           • Registration of Copyright
             • The laws of some countries require registration to have a formal registration of copyrighted work.
               • In the USA UU., It is a requirement to register the work in which the copyright subsists, if the owner or creator of the work wishes to file a claim with the court for an infringement or abuse of copyright. The advantage of registering a work in a formal copyright deposit is that there is a public record established for the copyright claim, which can subsequently be used as clear evidence of the original date and content of the work in case of a dispute over infringement and other copyright abuse.
                 • Again, although it is not a requirement in most countries to enforce copyright in a work, it is advisable that a work be marked with the international mark ©, followed by the name of the copyright owner and year of publication. Marking in this way is clearly a useful practice to apply to creative works, as it informs others of the rights of the owner at work and can help establish evidence of its creation and first publication in case it is necessary to initiate a violation.
   • PATENTS
     • A patent is a legal title granted to an applicant for the protection of an invention. It is a recordable form of IP. The title granted grants the owner a monopoly on the exploitation (manufacture, use, sale, offer to sell, import) of the invention and allows him to exclude others from any of these activities that fall within the scope of the invention, in the country in which the patent has been granted.
       • Patent Cooperation Treaty
         • The PCT was established in 1970 and currently has a membership of 144 Contracting States. The benefit of a country being a party to this treaty is that a national or resident of a PCT state needs to file a single application to obtain patent protection in any of the countries that are members of the PCT treaty
       • Refinements of the European patent system
         • The proposal was to reduce the costs of the London Agreement in the validation of the European patent granted in each of the EPC countries designated by the applicant, limiting the need to translate the patent specification into the languages of each of the offices. nationals.
           • Group 1: states that have an official language in common with the three official languages of the EPO (English, French and German); Y Group 2: those states whose official language is not one of the three languages of the EPO.
       • Requirements for a patent
         • Patent law requires certain conditions to be met for an invention to be patentable. Specifically, the following criteria must be met: The invention must be novel (new); It must involve an inventive step (not obvious); Must be capable of industrial application; Y You should not fall into the "excluded" category for non-patentable matters. Furthermore, the applicant must disclose enough information in the patent application to show how the invention works.
       • International patent protection
         • Patent Priority To obtain worldwide exclusivity for an invention, you must first file a patent application in a country that is a member of the above.
         • Interference Until the HAYA goes into effect in 2013, the problem of "patent interference" has yet to be resolved in the US. USA, where two patents are filed for the same invention. The establishment of patent priority rights should be based on other methods to determine who actually created the invention first.
         • Territorial protection As already mentioned, an invention only has protection in the country where a patent has been applied for. In other countries where there is no patent protection, others are free to exploit the technology or product that arises from that invention.
   • TRADEMARKS
     • A brand is the symbol by which the products of a particular manufacturer or merchant can be identified and distinguished from the products of others. The best names are made-up words, as they are not likely to be generic or descriptive of the products.
       • Registration of a trademark
         • wisely from the start and use the professional services of a brand agent to decide the brand strategy for the company and the registration of the brand in the desired territories. To qualify for registration, the brand: It must be distinctive; It must not be descriptive of the goods; Y It must not be capable of deception or confusion with trademarks already applied for or registered.
       • International registration
         • There are two main international agreements on trademark protection: the Community Trade Mark (CTM) and the. Madrid Protocol The CTM provides a facility to make a single request at the CTM office in Alicante, Spain, at the Office for Harmonization in the Internal Market (OHIM).
       • Duration of a registered trademark
         • The term of a trademark in most countries is 10 years, which can be renewed indefinitely for the following 10 years.
       • Trademark use
         • It is important to understand the grammatical nature and use of a trademark. A brand is an adjective and not a noun or a verb, which are "generic terms". Generic terms are words that are in everyday use and are therefore not permitted as trademarks.
   • DESIGN RIGHTS
     • Traditionally, most EU Member States operated a system for the protection of industrial designs associated with the "artistic" or "aesthetic" characteristics of a design
       • Community design
         • In October 1998, the EU was introduced, which harmonized national systems for the protection of designs of Directive 98/71 / EC in all member states. The first "Community Design" was registered in (CE) No.6 / 2002, April 2003.
       • Design requirements
         • For a design to be recognized as eligible for protection under the Community Design Regulation, it must meet the following three requirements: It must be within the definition of a "design"; It must be novel (absolute world novelty, similar to patent law); Y It must have "individual character". It must also have an industrial application, but it is important to note that design rights do not provide protection for designs dictated by a function or any technical feature.
       • Registered Community Design
         • The application for a community design is filed at the same office as the trademark registration office - OHIM in Alicante, Spain. An application is examined to determine if it meets the definition of a 'design' in accordance with it and also to decide whether it is contrary to morality or public policy.
       • Unregistered community design
         • This right is more akin to copyright protection of a design, that is, the owner can prevent others from copying the design, but does not have a monopoly on the design, which is the important difference between this right and that of a design. registered. As in the case of copyright, the right arises in the creation of the design and subsists in the design from the date it is first made public.
   • Secret Know-How
     • For some companies, "know-how" and "trade secrets" can be as valuable a piece of intellectual property as a proprietary technology. This form of intellectual property is generally related to a technological process or manufacturing method, which is not patented because it does not meet the patentability criteria or because the decision is made not to patent it, since to apply for a patent, complete the details of the process They must be disclosed.
       • There are obvious drawbacks to taking this approach, as the knowledge could be anticipated by someone else independently developing the same process. Consequently, the original development of the process can no longer have exclusive use of it. Furthermore, if the second party patents the technology, there is a possibility that the original party will end up infringing the patent and also be prevented from improving the process, affecting the scope of the claims made.
         • The know-how can be exploited only by the company that is using it, or it can also be exploited like other IPRs, where the owner of the know-how decides to maximize the value of the technology by granting licenses to third parties for payment.