INTELLECTUAL PROPERTY
Entrepreneurs
Frequently Asked Questions
Copyrights
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Copyrights
A set of rights over original creations such as books, music, software, and advertising.
Copyright can protect a wide variety of works. Although there is no exact list, the following are generally protected:
- Literary works: novels, poems, journalistic articles, etc.
- Software programs and databases
- Movies, musical compositions, and choreographies
- paintings, drawings, photographs, and sculptures
- Architecture
- Advertisements, maps, and technical drawings
It is important to note that copyright protects expressions, not ideas. Therefore, it does not cover methods, procedures, or mathematical concepts.
Copyright includes two types of rights:
- Economic rights: These allow the holder to receive financial compensation for the use of their works.
- Moral rights: These protect the non-economic interests of the author.
Economic rights allow the author to authorize or prohibit:
- Reproduction of the work (printing, sound recording, etc.)
- Public performance or execution (such as in dramatic or musical works)
- Recording of the work (CDs, DVDs, etc.)
- Broadcasting of the work (radio, cable, satellite)
- Translation of the work into other languages
- Adaptation of the work (such as a novel adapted into a screenplay)
Moral rights include, among others, the right to claim authorship of the work and to oppose modifications that could harm the author's reputation.
In most countries, and according to the Berne Convention, copyright is automatically granted without the need for registration. However, many countries offer voluntary registration systems that can facilitate the resolution of ownership disputes and rights management.
Frequently Asked Questions
Patents
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Patents
A patent is an exclusive right granted for an invention. It allows you to decide how and who can use your invention for a set period, in exchange for sharing the technical information.
A patent gives you full control over your invention. No one can produce, use, distribute, or sell your invention for commercial purposes without your permission. It is your invention, and you decide who can use it, for a specified period of time.
No, patents are territorial rights. This means they are only valid in the country or region where you applied for and were granted the patent. If you want protection in other countries, you must apply for it separately in each one.
Generally, patent protection lasts for 20 years from the filing date. After that, anyone can use the invention without restrictions.
An invention is non-patentable if it does not meet the patent requirements, such as in the case of artistic works, scientific theories, or inventions contrary to public order. Check country-specific exclusions in this WIPO document.
Frequently Asked Questions
Trademarks
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Trademarks
A trademark is a sign that distinguishes the products or services of one company from those of another. It acts as a unique identity for your business, helping you stand out in the market. Trademarks are intellectual property rights that are protected by law.
To protect a trademark, register it by submitting an application to the national or regional trademark office. Internationally, you can apply in each country or use the Madrid System for protection in multiple countries with a single application.
Registering a trademark gives you the exclusive right to use it. This means that only you can use that trademark, or you can grant a license to third parties in exchange for payment. Trademark registration provides legal certainty and strengthens your position in case of legal disputes.
Trademark protection generally lasts for ten years, but you can renew it indefinitely by paying the corresponding fees. These rights are private, and their protection is enforced in the courts.
Trademarks can be very diverse. They can consist of words, combinations of words, letters and numbers, drawings, symbols, three-dimensional shapes (such as product designs and packaging), and even sounds, scents, or distinctive colors. The possibilities are nearly limitless.
Frequently Asked Questions
Industrial Designs and Models
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Industrial Designs and Models
An industrial design or model is the ornamental appearance of an item. It can be three-dimensional, such as the shape or surface of an object, or two-dimensional, such as the patterns, lines, or colors that decorate it. In other words, it is the design that makes a product visually appealing.
The protection of industrial designs or models applies to a wide variety of products, both industrial and handcrafted. These can include:
- Technical and medical instruments
- Watches, jewelry, and luxury items
- Household appliances and electrical devices
- Vehicles and architectural structures
- Textiles and recreational goods
Protecting industrial designs and models is important because it:
- Enhances visual appeal: They make products more eye-catching, which can increase their commercial value and sales.
- Protects capital: They help boost the return on investment in design.
- Promotes fair competition: They benefit both consumers and industry by encouraging honest business practices and fair competition.
- Boosts the economy: They encourage creativity in industrial and manufacturing sectors, driving economic development and trade expansion.
To protect an industrial design or model, you generally need to register it. Here are some key points:
- Registration: In most countries, you must register the design or model to obtain legal protection.
- Protection as a work of art: Depending on the legislation, an industrial design may also be protected as a work of art under copyright law.
- Unfair competition laws: In some cases, protection may also be covered by unfair competition laws, although the conditions and rights may vary.
Frequently Asked Questions
Geographical Indications
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Geographical Indications
A geographical indication is a sign used on products originating from a specific place, with qualities or reputation linked to that origin. For example, Darjeeling tea is unique due to its cultivation in that region.
Having a geographical indication allows producers to protect the exclusive use of their name, ensuring that only those who meet the established standards can use it. For example, Darjeeling tea producers can prevent the use of that name for tea that does not meet their origin and production standards.
Geographical indications are typically used for agricultural products, food, wines, spirits, crafts, and industrial products. Essentially, any product whose quality and characteristics are closely tied to its place of origin can benefit from this protection.
There are several ways to protect a geographical indication:
- Sui generis systems: Special protection regimes specifically designed for geographical indications.
- Collective or certification marks: Marks that can be used by any producer who meets the established standards.
- Commercial practices: Including administrative approval regimes for products.
- Unfair competition laws: Protect against the misuse of geographical indications.
Each approach has its own conditions and scope of protection. Often, countries combine two or more of these systems to protect their geographical indications.
- Geographical Indications: Defined in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Geneva Act of the Lisbon Agreement
- Designations of Origin: Defined in the Lisbon Agreement and the Geneva Act.
- Protected Designations of Origin (PDO) and Protected Geographical Indications (PGI): Terms used in the European Union.
These concepts have specific differences depending on international treaties and national or regional laws.
Frequently Asked Questions
Trade Secrets
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Trade Secrets
A trade secret is confidential information that has commercial value precisely because it is not publicly known. These secrets can be sold or licensed, just like other intellectual property rights.
For something to be considered a trade secret, it must meet three criteria:
- Commercial value: The information must have value because it is secret.
- Confidentiality: Only a limited number of people should know it.
- Protection measures: The company must take reasonable steps to keep it secret, such as confidentiality agreements.
The unauthorized acquisition, use, or disclosure of this information, in a manner contrary to honest business practices, is considered an unfair practice.
Any confidential information that gives a company a competitive advantage and is not known to others can be a trade secret. This includes:
- Technical information: Manufacturing methods, product testing data, software designs and drawings.
- Commercial information: Distribution methods, supplier and customer lists, advertising strategies.
Even a combination of public elements that, when combined and kept secret, provides a competitive advantage can be a trade secret.
Other examples include financial information, formulas and recipes, and source code.
The protection of trade secrets is based on unfair competition laws or laws related to confidential information.
Practices such as industrial espionage or breach of trust violate these secrets, but others can use the same information if they obtain it independently.
Unlike patents, trade secrets do not prevent others from registering the same invention if they developed it on their own.
To protect a trade secret, companies should adopt preventive measures such as:
- Non-disclosure agreement (NDA): Have employees and business partners sign NDAs to prevent them from disclosing confidential information.
- Non-compete agreement: Ask employees, contractors, and consultants to sign non-compete agreements to prevent them from becoming competitors after their contract ends.
- IT security infrastructure: Implement strong security measures to protect digital information.
- Control de acceso: Limit access to important documents to authorized personnel only.
International and Regional Legislation on IP
Learn about the international and regional legislation governing Intellectual Property.
International
- TRIPS Agreement
The WTO Agreement on Intellectual Property that facilitates trade and protects rights internationally
- Paris Convention (1883)
Protection of patents, trademarks, and industrial designs worldwide.
- Patent Cooperation Treaty (PCT)
Allows applicants to protect a patent in multiple countries with a single application.
Regional
- Decision 486 of the Andean Community
Regulates the protection of IP in Bolivia, Colombia, Ecuador, and Peru.
- Central American Convention for the Protection of IP
Harmonizes IP in Costa Rica, El Salvador, Guatemala, and Nicaragua, supporting trade and regional cooperation.