Intellectual Property (uses and copyright protection)

  • Jul 26, 2021
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What would the world be without all the creations that make daily tasks and tasks easier every day. All of these have a very particular reason for being and despite their differences they all have in common the fact that one day they were just ideas in someone's head.

The intellectual property corresponds precisely to that, the creations of the human mind, whether technological, artistic, literary, or simply products, their names and commercial images, intended to satisfy certain needs, tastes or preferences of the consumer.

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Legislation through copyright, patents and trademark registration is responsible for protecting property intellectual property, allowing their owners to recognize or obtain profits from said inventions or creations.

In this article you will find:

What is intellectual property?

The IP is the aggregate of rights and duties that fall on the authors and owners, with respect to products, works, songs, films, books and others.

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It is like a form of property, similar to that of real estate, since the same applies to intangible assets, the owner of the property, you are in your right to use, exploit, assign and / or sell your property according to the legal form that has chosen one. That is, the assets are protected by some form of existing intellectual property.

Inventions, books, songs and brands are part of the creations that can be protected under the various PI figures.

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What is the purpose of intellectual property?

The main objective of this type of property title is to provide protection to the author, regarding his creation, in addition to ensuring exclusivity in the use and exploitation of his creations.

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Around us we have hundreds of goods and services protected by some form of intellectual property, brands of various companies, patents, industrial designs that offer a certain economic reward to the creator and owner for the ideas that he inclined and registered as well.

Importance of intellectual property

The importance of this property lies especially in the encouragement and reward of people's effort and creativity, which brings economic and social progress.

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By protecting the interests of researchers, inventors and creators, the economic exploitation of said creations is guaranteed, giving the owners certain rights through their licenses.

So by balancing the interests of the innovators with the interests of the public, the property system intellectual seeks to foster an environment that is advantageous for growth and development that thrives creativity and innovation.

The importance of this ownership was recognized for the first time in the agreement for the Protection of Property Industrial de Paris in 1883, then in the Berne Convention for the Protection of Literary and Artistic Works in the year 1886. Both treaties are administered by WIPO (World Intellectual Property Organization).

Forms of intellectual property

Intellectual property is divided into two main aspects:

Copyright and related rights

They are related to artistic creations such as: literature, music and movies. As well as artist performances and radio broadcasts. Some computer programs and databases also come in here.

Industrial property

It is related to trademarks, patents, designs, industrial models and geographical indications.

Some are characterized by distinguishing the goods or services of a certain company from the products of other companies, the geographical indications identify a certain product as originating in a specific place due to a characteristic attributable to its geographic origin. This protection is intended to stimulate fair competition and consumer protection.

Other models of industrial property protect and stimulate innovation and the creation of new technology. This includes all inventions protected by patents, such as household appliances, electronic equipment, industrial drawings, models, and trade secrets. The main purpose of these is social, to protect the result of investment, technological development, and encourage and finance research and development.

What is a patent?

It is an exclusive right title granted by the State to a new invention susceptible of industrial application, for means by which the owner can prevent others from making and selling the patented invention without authorization from the owner.

It serves as a commercial instrument for a company to obtain the exclusivity of a procedure or product, allowing you to achieve a solid position in the market and additional income from the concession of licenses.

What is a trademark?

The brand is a sign (letters, words, numbers, drawings, shapes, logos or a combination of these) that allows a product or service of a certain company to be differentiated from those of others.

Their protection is done by prior registration, although in some countries their use is sufficient.

What are trade secrets?

It is all that commercial information that gives a competitive advantage to the company, the disclosure, appropriation Improper or unauthorized use of this information may be considered a violation of commercial secrecy and practice. unfair.

What are industrial designs?

It is the aesthetic or ornamental aspect of a product, in many countries industrial designs must be registered in order to protect them according to current legislation in that regard. It is worth noting that, as a general rule, the designs to be registered must be new and original.

What are intellectual property rights?

They are equal to any property right, they allow the holder to enjoy the benefits of the law that derive from their creation.

These rights are framed in the Universal Declaration of Human Rights, article 27, which contemplates the right to to benefit from the protection of moral and material interests from the authorship of literary, scientific or artistic.

To conclude, it is important to note that in today's world, with so many technological advances, fashion, social and cultural differences, considered a very competitive world, The importance of the progress and well-being of the communities is based on their ability to create, in this sense the legal protection of these new creations encourages entrepreneurs to follow the course of innovation, also stimulating economic growth, generating employment and industries that at the same time improve the quality of life of the citizens.

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