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Intellectual Property

18-3-2014
 
 
Intellectual Property
Article by Maria Flavia Junqueira
 

Intellectual property, as defined by the World Intellectual Property Organization, is understood as every creation of the mind. The intellectual property rights protect the interests of creators by giving them property rights over their creations, tangible or intangible.
 
The intellectual property relates to creations of the mind: inventions, literary and artistic works, symbols, names, images and designs used in commerce.
 
Intellectual property has to do with the information or knowledge that can be incorporated in tangible objects, which can make an unlimited number of individuals in all parts of the world. The property is not in those copies but in the information and knowledge reflected in them. The intellectual property rights are also sometimes subject to certain limitations, as in the case of copyright and patents, which are valid for a specified period.
 

Intellectual property is divided into two branches:

 • Intellectual property: Intellectual property is the exclusive right granted by the State to use or exploit commercially in industrial and inventions or innovations for industrial application or commercial indications performing individuals or companies to distinguish their products or services to customers in the market. This includes inventions, trademarks, patents, layout designs of integrated circuits, commercial names and designations, industrial designs and geographical indications of origin, which is additional protection against unfair competition.

 • Copyright: Applies to artistic creations such as poems, novels, musical works, paintings, films and computer programs. In English, unlike other European languages, copyright goes by the name of "copyright”. The copyright term has to do with fundamental acts in regard to literary and artistic creations that may be made by the author, or with their permission. This concerns the copying of literary and artistic works such as books, paintings, sculptures, photographs and films.

While the term "copyright " refers to the creator of the artistic work, its author, underlining the fact that is recognized in most of the laws, in the sense that the author has rights specific in relation to its creation, has the right to prevent a distorted reproduction of the same, a prerogative that belongs only to him , while there are other rights such as the right to make copies, that you might be enjoy at by the others, for example, all editors who have obtained a license from the author for this purpose.

The copyright holder has the right to prevent anyone to access or make use of his property without his consent.

The intellectual property that applies to each country are independent of each other , so that the same idea, invention , work or distinctiveness can be protected in a number of states, there are so many titles of protection as states that have granted. (Melgar - 2005).

Categories according to WIPO IP.

According to the World Intellectual Property Organization (WIPO), intellectual property is a kind of property, this means that the owner or operator may dispose of it as he pleases, and any other natural or legal person may legally dispose of property without consent. Naturally, the exercise of this right is subject to limitations.

NOTE: Do not confuse IP with patents. A patent is an exclusive right granted for an invention, ie, a product or process that provides, in general, a new way of doing something or offers a new technical solution to a problem. To be patentable, an invention must meet certain requirements.

Intellectual property and its protection

The Industrial Property Act provides for different legal forms of protection which are applied according to the nature of the intellectual product. When a patent is a title, which is a contract by which one gives the holder the right to exploit temporal exclusively the invention that led to the patent and in return, the inventor discloses the technical content is issued his invention to allow the flow of information, what a valuable system for scientific and technological progress.

In the case of utility models , industrial designs, layout designs of integrated circuits, trademarks, slogans and trade names a register is a social contract by which one gives the holder the right to use or commercially exploit is issued for a certain time, giving intellectual creations to any of these forms of protection instead.

When it comes to designations of origin and a representation that protects the individuals or companies engaged in the extraction, production or processing of the product is included in the declaration that is issued. In most countries, the declarant is the owner of the declaration and for commercial use; you must make a request to the IMPI.

Trade secret information relating to industrial or commercial application.

All information that constitutes trade secrets shall consist of documents, electronic or magnetic media, optical discs, microfilms, films or other similar instruments and must sign the necessary agreements between all the people who know all or part, by which expressly agree to maintain complete discretion.

The patent is the most known item in the industrial property system and is most commonly used to protect the knowledge generated in many research areas. The Industrial Property Act provides a number of features for patents, as well as requirements for inventions for which protection is sought.

Copyright

This relates to artistic creations, such as poems, novels, music, paintings, films, etc. The term "copyright" refers to the main act, in respect of literary and artistic creations that can only be performed by him or with his consent (economic rights).

That act is the production of copies of literary or artistic work, like a book, a painting, a sculpture, a photograph, film and more recently digital content. The second expression, "copyright" (or authors' rights) refers to the rights of the creator of the artistic work, its author, which highlights the fact, recognized in most of the laws, that the author has certain specific rights in his creation (moral rights), for example, the right to prevent a distorted reproduction that only he can exercise, while other rights such as the right to make copies, can be exercised by other persons (economic rights granted to a holder), for example, a publisher who has obtained a license for that purpose from the author.

Copyright and Registration

The authorial property, known as copyright is normally administered to organs that are similar to the National Institute of Copyright.

The procedure is done at the registration department of the National Institute of Copyright, a form is filled, royalty is paid for the registration, and a term of working days you will return the certificate filled of registration.

The protection afforded by Federal Copyright Law to works of the author's life between 70 and a hundred years after his death, in case of co-authorship, this term is computed from the death of the last author.

Benefits of Protecting the Badges, Signs and Designs Inventions

Below we explain the benefits of protecting trademarks and inventions.

Why brands should be protected?

While most of the companies know of the interest raised by the use of brands to differentiate their products from those of their competitors, not all are aware of how important it is to protect them through the registry.

The registration of a trademark gives the company the exclusive right to prevent others from marketing identical or similar products with the same brand or using a mark so similar as to cause confusion.

If the company does not register the mark, the investments made in the marketing of a product may be fruitless as their rivals could use the same or a confusingly so similar trademark for identical or similar products. If a competitor adopts a similar or identical mark, consumers may mistakenly buy the competitor's product. This will not only decrease the profits of the company and confuse your customers; it will damage your reputation and image, especially if rival products are of inferior quality.

Given the value of brands and the importance a brand can have on the success of a product in the market, it is crucial to ensure that it is recorded in the relevant market or markets.

Additionally, you may be granted a license over the trademark to other companies, which would represent an additional source of income. Brands can also be subject to franchise agreements.

A brand that enjoys a good reputation among consumers may also be used to obtain funding from financial institutions, which are becoming more aware that the commercial success of businesses depends heavily on brands.

Brands:

Ensure that consumers distinguish products;

  • Allow companies to differentiate their products;

  • Are a marketing tool and can project the image and reputation of a company;

  • May be subject to licensing and provide a direct source of income through royalties;

  • Represent a determining factor in the franchise agreements;

  • Can be a valuable business asset;

  • Encourage companies to invest in maintaining or improving product quality;

  • May be useful for obtaining financing.


Why protect industrial designs?

An industrial design adds value to the product, making it more attractive and appealing to customers and can even become the main reason for purchase. Therefore, the protection of valuable designs should be a fundamental part of the business strategy of any designer or manufacturer.

To protect an industrial design through registration office for industrial property (IP) of national or regional level, the owner obtains exclusive rights to prevent unauthorized copying or imitation by others. It is a practice that responds to the business logic, it improves the competitiveness of a company and usually provides additional gains by one or more of the methods listed below.

  •  Registering a design gives the right to prevent the reproduction or imitation by competitors is acquired, which competitive position is strengthened.
  • Registration of a valuable design contributes to obtain in a better return on investment in creating and marketing the product and therefore, improves the benefits.

  • Industrial designs are business assets that can increase the commercial value of a company and its products. The greater the success of a design, the greater it is its value to the company.

  • A design may also be protected (or sold) to others by granting a license and paying a certain amount, so that I can access markets otherwise unapproachable.

  • The registration of industrial designs encourages fair competition and honest trade practices, which in turn promotes the production of a wide variety of attractive products for its shape.

Reasons for protecting industrial designs:

To prevent copying;

  • Company policy;

  • To get ahead of the competition;

  • Question of prestige;

  • To prevent the idea: I 'm copying.

Reasons for patenting inventions:

  •  Strong market position and competitive advantage. A patent gives its owner the exclusive right to prevent others from commercially using the patented invention, thereby reducing uncertainty, risk and competition from imitators.
  • Increased profits and better returns on investment. If your company has invested a significant amount of time and money in R & D, patent protection of inventions results in help to recover costs, and get a higher return on investment.

  • Additional income from the grant of a license to the patent or assignment. As a patent holder can license your rights in the invention to others in exchange for fixed and / or royalty sums, in order to generate additional revenue for the company.

  • Access to technology through cross-licensing. If your company is interested in technology that is owned by others, can use the patent that he holds in his own company to negotiate cross-licensing.

  • Access to new markets. The assignment of patents licensed to others can provide access to new markets that would otherwise be inaccessible. To do this, the invention must also be protected in the relevant foreign markets.

  • Reduction of the risk of infringement. By obtaining patent protection, you can prevent others from patenting the same invention, and also reduce the risk of infringing the rights of others to market their products. While a patent does not itself provide "free use" of the invention it does prevent others from patenting the same or similar inventions and provides an indication that the patented invention is new and significantly different from the "state of the art ".

  • Increased ability to obtain financing at reasonable interest rates. Ownership of patents (or license to use patents owned by others) can increase its ability to raise capital to put a product on the market.

  • Owning a patent markedly increases their ability to successfully take legal action against those who copy or imitate the protected invention.

  • Give your company a positive image. Some companies mention or list their patents in ads to project to the public an innovative image, Patent, Utility Model, Brands, Industrial Design, Industrial Model, Engineering Drawing, trade name, geographical indication, Trade Secrets.

Intellectual Property or Copyright:

The Intellectual Property is acquired by the mere fact of creation of the work, while industrial property requires the completion of a record. All types of protection are territorial in nature. Each state has its own system and the validity covers the territory for which it is granted. For example, a Spanish patent protects the invention and is not subject to the same elsewhere. Therefore, there are different log levels: national, community, and international.

Axtor Group has extensive knowledge over the matter and can assist you and your clients to establish the ideal structure in various jurisdictions that will grant the best protection and will provide the best financial outcome.

Please feel free to contact us in case further information is considered necessary.

 
AXTOR GROUP
Maria Flávia Junqueira da Cunha
Schouwburgweg #3
Gaito, Curacao
T: +5999 736.8080