FORMS OF INTELLECTUAL PROPERTY

FORMS OF INTELLECTUAL PROPERTY

1. They are rights governed by statutes that give people the right to prevent others from exploiting or abusing their intellectual creations. The most common forms are patents, trademarks, copyrights, design rights, confidential information and knowledge, and all of these play an important role in the innovation process.

   • Some of these rights require registration, while others are simply acquired at the time of creation without the need for a formal registration process.
   • These rights extend to the protection of inventions, creative works, expressions and trademarks. They provide the owner with the ability to prevent others from exploiting or abusing them and, by granting them a legal position to these rights, allows them to trade as assets, just as one does when buying, selling or leasing any tangible asset.
     • The forms of IP are specific in terms of the scope of protection they provide to owners and beneficiaries, and the steps necessary to acquire and exploit them may be different depending on the nature of the creation.

2. PATENTS

   • A patent is a legal title granted to an applicant for the protection of an invention. It is a registrable form of IP
     • It must be requested at a patent office by submitting a "patent specification" that reveals how the invention works.
       • The agency responsible for the administration of the Paris Convention is the World Intellectual Property Organization (WIPO), a United Nations agency, established in 1967 under the WIPO Convention to promote the protection of intellectual property throughout the world.
         • Patent Cooperation Treaty The PCT was established in 1970 and currently has a membership of 144 contracting states.
           • It is important to keep this in mind when filing patents under the PCT system, as there are currently several differences in patent law between the US. UU. And the rest of the world and this can have a significant impact on the way you record the results of your investigation and submit your patent application.
             • Professional assistance is strongly advised and is available from firms of registered patent agents, listings of which are generally provided on the websites of national patent offices or professional bodies representing qualified patent agents.
           • Patenting is subject to a set of complex rules and conditions and a careless approach to managing the protection of an invention can seriously affect the ability to benefit fully from its commercial potential.
     • The patent is granted for a limited period by the patent office, acting as a government instrument in the country in which the patent is requested.
       • The title granted grants the owner a monopoly on the exploitation (manufacture, use, sale, offer of sale, 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.
         • Two important differences, the "grace period" and t.he "first to invent", are discussed further here in Chapter 3. European Patent Convention The European Patent Convention (EPC) is another international patent treaty, established under the European Patent Convention of 1973 and entered into force in 1977
       • The limited exclusivity period granted by the patent certificate is 20 years in most countries. (There is the possibility of an extended period for inventions in certain fields, such as pharmaceuticals).

3. COPYRIGHT

   • Copyright is a form of intellectual property designed to protect the rights of a creator of literary and artistic works, computer programs and databases.
     • Copyright allows creators to control the use and exploitation of their works, and the derivative works thereof, and cover the copying, adaptation, publication, execution and dissemination of said works.
       • Copyright comes into operation automatically at the time a work is completed, that is, it remains in that work for the creator.
         • Copyright material created by nationals or residents in a country affiliated with the aforementioned international conventions, therefore, is 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.
     • Copyright generally applies to prevent copying, plagiarism and misuse of a work, but does not prevent a third party from developing the idea independently or a similar work.
     • There are international treaties dealing with copyright and to which most countries have signed, in particular the Berne Convention for the Protection of Literary and Artistic Works, and the Universal Copyright Convention (UCC)
     • The copyright allows the creators to control the use and exploitation of their works, and the derivative works thereof, and cover the copying, adaptation, publication, execution and dissemination of said works.
       • Most countries belong to at least one of the international conventions on copyright.
       • Copyright owners in a specific country, therefore, may exercise their rights in foreign territories covered by the Berne Convention and other treaties. Copyright Registration
     • Copyright generally applies to prevent copying, plagiarism and misuse of a work, but does not prevent a third party from developing the idea independently or a similar work.
       • Within the EU and in most of the European region, as well as in the USA. In general, the duration of current copyright for literary, dramatic, musical and artistic works, computer programs and databases
         • It begins with the date of creation by the author and expires 70 years after his death. For other works, such as sound recordings, broadcasts, cable programs, etc., until recently the duration of copyright has been 50 years after the date of the first recording or transmission of the performance.
         • Copyright is an asset, like other forms of intellectual property, and as such, it can be licensed or sold and can also be part of the author's estate after death.

4. TRADE MARKS

   • 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.
     • In general terms, surnames, geographical names and descriptive words of the products or services in question should be avoided, since these may be generic names, which the general public has the right to use and, therefore, are difficult to use. Protect for exclusive use.
       • It is extremely important for the company to ensure this value by ensuring that it controls the rights to use its trademark by registering it as a trademark.
         • The value created in the brand can be exploited, either by licensing the brand to other companies (such as franchise businesses, etc.), or by adding substantially to the general value of the company in the event of an acquisition.
         • The protection of a trademark is granted by the patent and trademark office of the country in which the protection is requested. To qualify for registration, the mark: Must be distinctive;
     • The word or symbol must be distinctive (but not descriptive) when distinguishing the products or services of a particular company from those of its competitors, that is, indicating the origin or source of the products, but not their function. The best names are invented words, since they are not likely to be generic or descriptive of the products.
     • The term of a trademark in most countries is 10 years, which can be renewed indefinitely for the next 10 years. However, the term and maintenance of a trademark are conditioned on the owner demonstrating the use of the trademark.

5. 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
     • Design rights are now directed towards the "individual character" of a design.
       • The protection of design rights is an additional form of intellectual property protection Same as patents, copyrights and trademarks, and is worthy of consideration for innovations whose value is largely based on design features external
         • Secret know-how, which is part of a company's key manufacturing technology or service, must be documented and registered securely and marked as "Business secret" or "Secret and confidential."
     • el sistema de diseño comunitario y el Acuerdo de La Haya. El diseño comunitario En octubre de 1998, la UE introdujo la Directiva 98/71 / CE, que armonizó los sistemas nacionales para la protección de los diseños en todos los estados miembros
       • important international systems in operation for the protection of industrial designs
       • The owner has the right to take advantage of a grace period of 12 months from the date of the first public disclosure of the design, to submit a registered design application.
         • The registered design provides protection for an initial period of five years, and for up to 25 years in total, upon payment of renewal fees for each successive period of five years.

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