Forms of intellectual property

Forms of intellectual property

1. They are characterized by the fact that they are protected by statutes so that third parties do not exploit their creations

   • As an example we have patents, trademarks, copyrights, design rights, confidential information, whose elements play a role in innovation
     • A patent is a legal title that has an applicant for protection of an invention in a limited period by the patent office whose function is delegated by the government of each country
       • The title granted to the owner allows the exploitation of the activity in terms of manufacturing, use, sale, offer for sale and import and allows the owner to exclude others for a period of 20 years depending on the country
         • Patents have a validity period and expire, which allows other people to benefit and take economic advantage

2. Internationally existing agreements and treaties to protect intellectual property in an efficient and economical way

   • Among the most outstanding agreements we have the Paris Convention for the Protection of Industrial Property of 1883
     • En la actualidad,174 países han contraído a este trabajo
       • The body 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 the entire world in which refers to intellectual property.
         • A United Nations agency, established in 1967 under the WIPO Convention to promote the protection of the whole world in terms of intellectual property. In 1995, the World Trade Organization (WTO) introduced an agreement to cover all aspects of intellectual property and its relationship with international trade.
           • ADPIC refers to the agreement on Intellectual Property rights related to trade.

3. Patent Convention The European Patent Convention (EPC) is another international patent treaty, established under the 1973 European Patent Convention and put into effect in 1977

   • The convention, through the institution of the European Patent Office (EPO), introduced an autonomous legal framework for the provision of patent protection in its member states
     • Today, there are 38 European countries contracted to this convention, as well as other European states, which are not parties to the CPE, but have a cooperation agreement with the EPO to accept the European patent protection that extends to their countries
       • The benefit of the EPC system is that an application can be filed at the European Patent Office in Munich (or one of its branches) and a European patent is then granted by the Member States in which the applicant has requested protection

4. El Acuerdo de Londres entró en vigor el 1 de mayo de 2008 y, en el momento de la impresión, ha sido ratificada y promulgada por 18 de los Estados 38 EPC

   • This means that the original requirements for the translation of both the patent specification or the claims, as the case may be, into the languages of the national receiving offices (in accordance with Article 65 (1) of the EPC) do not have to be fulfilled by those states
     • The new requirements in accordance with the London Agreement vary according to the specific terms agreed for each state of accession, but, in general terms, they can be distinguished between:
       • Group 1: Those states that have an official language in common with the three official languages of the EPO (English, French and German)
       • Group 2: States whose official language is none of the three languages of the EPO. Effectively, Group 1 countries dispensing with translation requirements under Article 65 (1) of the CPE and Group 2 countries dispense with the requirement to translate the patent description in their own official language if the patent has been granted in one of the official languages of the EPO (or translated into it) as prescribed by them, but a translation of the claims can be requested in their own official language

5. The European Commission hopes that the first unitary patent will be granted in 2013

   • The invention must be new (new); It must involve an inventive activity (not obvious); It must be capable of industrial application; and should not fall into the 'excluded' category of non-patentable matter
     • In addition, the applicant is required to disclose sufficient information in the patent application to show how the invention works
       • The interpretation of these criteria is important; The following are some clarifications of the requirements of the patent office. 'New' or through 'new' of the invention must have never been made public by anyone, in any way, anywhere in the world, before the date on which a patent application was filed
         • This means that no form of oral or written presentation, publication or other means of public disclosure of information is acceptable before the date of filing of the patent application to the Patent Office. However, under United States patent law, the Patent and Trade Mark (USPTO) operates a 'grace period' - a period of 12 months after the public disclosure of material of the invention by an inventor (or someone that received the material from him), in which the inventor can apply for the patent protection related to the same material, without the risk of the description being cited as prior art against his patent application

6. Media 'Excluded matter' an invention is not patentable if it is: A discovery, a scientific theory or mathematical method; An aesthetic creation as literary, dramatic or artistic; o A scheme or method for performing a mental act, playing a game or doing business, presenting information, or a computer program (there are some exceptions that allow software application patents ("computer-implemented inventions"):

   • It is not possible to obtain a patent for an invention that is described as an animal or plant variety, or any essentially biological process for the production of animals or plants
     • An invention is also excluded, if publication or exploitation is generally expected to encourage offensive, immoral or antisocial behavior.
       • Patentable inventions made in the workplace belong to the company unless specified in the employment contract

7. Copyright normally applies to prevent copying, plagiarism, and misuse of a work, but does not prevent third parties from developing the idea independently or similar work

   • Lo que son las actuaciones y grabaciones son considerados derechos de autor los cuales pueden ser utilizados por 70 años inclusive si el autor muere antes de esta fecha los familiares seguirán recibiendo los beneficios económicos

8. Only one brand provides legally enforceable monopoly rights for the owner of the specific word (s) or logo registered under the trademark (registered with the patent and trademark office)

   • Es fundamental, por tanto, que el nombre destinada a una empresa se comprueba primero contra palabras similares registrados como marcas antes de cualquier dinero se gasta en el registro de un nombre de la empresa, la creación de un sitio web, señalización o en la impresión de material de papelería y de marketing de marca
     • The value created in the brand can then be exploited, either through the licensing of the brand to other companies (such as franchise companies

9. The fashion industry is one where design is at the core of new product creations and is not exempt from disputes over copy claims.

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