FORMS OF INTELLECTUAL PROPERTY

Adjunto:

• PATENTES

1. they are rights governed by statutes that give people a right to prevent others from exploiting or abusing their intellectual creations
   1. PATENTS
      1. It is a legal title granted to an applicant for the protection of an invention
         1. Requirements for a Patent
            1. Patent law requires that the following criteria must be met for an invention to be patentable. -The invention must be novel (new) -Must involve an inventive step (not obvious) -Must be capable of industrial application -You should not fall into the category of "excluded" for non-patentable matters.
         2. International Patent Protection
            1. A patent application must be filed in a country that is a member of the Paris Convention
      2. Patent Cooperation Treaty
         1. was established in 1970 and currently has a membership of 144 contracting states
      3. Refinements of the European Patent System
         1. the introduction of New features of the European patent system, which would improve the overall cost and efficiency of filing and application of patents in the EU Member States. The requirements for the translation of the patent specification or of the claims, as the case may be, in the languages ​​of the receiving national offices should not be fulfilled in each of them vary as stipulated in London
   2. COPYRIGHT
      1. Granting of Copyright
         1. Whereas patent protection for an invention must be applied for and granted by a patent office, copyright does not require any formal application or registration for protection of a creative work.
      2. It is a form of intellectual property designed to protect the rights of a creator of literary and artistic works, Computer programs and databases
      3. Works Protected by Copyright
         1. Typical works covered by copyright are: original literary, dramatic, musical and artistic works, published editions of works, sound recordings, films, videos, broadcasts and cable programmes, computer programs and databases
      4. International Protection
         1. While there is no all-governing ‘international copyright’ to protect a creator’s work worldwide, there are international treaties that deal with copyright and to which most countries have signed up, notably the Berne Convention for the protection of literary and artistic works, and the Universal Copyright Convention (UCC).
      5. Registration of Copyright
         1. As mentioned already, there is no requirement to register a work in order to obtain copyright protection. However, the laws of some countries do require registration in order to have a formal record of the work that is protected by copyright
      6. Ownership of Copyright
         1. The rights covered by copyright can be divided into economic rights and moral rights. Economic rights are those rights dealing with the ownership, use and exploitation of the work covered by the copyright.
      7. Duration of Copyright
         1. International treaties have done much to harmonise copyright law across territories, particularly with respect to the duration of copyright, which in the past varied greatly between countries depending on the particular form of copyright.
   3. DESIGN RIGHTS
      1. The Community Design
         1. In October 1998, the EU introduced Directive 98/71/EC, which harmonised the national systems for protection of designs across the member states.
      2. Requirements of a Design
         1. For a design to be recognised as qualifying for protection under the Community Design Regulation, it must comply with the following three requirements: It must fall within the definition of a ‘design’; It must be novel (absolute worldwide novelty, similar to patent law); and It must have ‘individual character’.
      3. Registered Community Design
         1. An application is examined for conformance to the definition of a ‘design’ in accordance with the Community Design Regulation and also to decide whether it is contrary to morality or public policy
      4. Unregistered Community Design
         1. 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 for a registered design.