Intellectual Property

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Intellectual Property is formed by the set that includes the Industrial Property (IP), together with the Copyright and Related Rights. While the former aims to protect literary and artistic works, Industrial Property aims to protect inventions, aesthetic creations (design), and signs used to distinguish products and companies on the market.  



They are the denominations used in reference to the list of rights of authors on their intellectual works, be they literary, artistic, or scientific. They are integral parts of the Copyright Law:  


Copyright: Literary, artistic, and scientific citations, which imparts, as a requirement, the human spirit within literary, artistic, and scientific works, such as books, articles, music lyrics, paintings, sculptures, and architectural projects;


Convex rights: Are the rights of photographic producers and representatives of photographic producers and broadcasting companies, such as plays, films, concerts, soap operas, radio, and TV programs;    


Computer program: the object being projected, in this case, is the source code, for example, computer programs and mobile device applications.    



The set of rights over patents, utility models, industrial designs, trade marks, service marks, trade names, and indications of provenance or denominations of origin, and the repression of unfair competition and false geographical indications. They are integral parts of the Industrial Property: 


Patents: Invention or utility model involving new products and/or processes with industrial applicability, having as requirements to be new, innovative activites and to have an industrial application, such as machines, equipment, chemical products, pharmaceuticals, improvement processes, and compounds, among others.


Brand: These are the distinctive signs of a product, company, or service, having as criteria the brand compatibility of the products and services in its respective field. Examples of this area are the names of products, services, companies, or logos.    


Geographical Indication: Origin of products or services when the place has become known, or when certain characteristics or qualities of the product or service is due to its origin. A good example of this is Port wines, which hails from a specific region of Portugal.    


Industrial Design: Protects ornamental aspects of an object. They are required to both be new and visually distinctive. We can cite as an example a new shape for a clock, a toy, or a vehicle.



This branch of Sui Generis protection involves integrated circuit topography and varieties of plants called cultivation, as well as traditional knowledge and access to genetic patrimony, each type of protection being regulated by its own legislation. In this case, the right to protection also depends on registration with a  recognized group, and the maximum period of validity varies according to the specific type.    


Integrated circuit topography: The three-dimensional configuration of layers on a piece of semiconductor material that aims to perform electronic functions on equipment. The fact that the topography is original, which is not common to technicians, specialists, or manufacturers of integrated circuits, is a requirement. Example: microprocessors;    


Cultivation: It is the means of reproduction or vegetative multiplication of the internal plant and lineage component of hybrids. To do so, it is necessary as a requirement to be a variety of another cultivation of any genus or species that is distinct from others, such as corn, soybean, cotton, and sunflower;    


Traditional knowledge: Traditional knowledge involves empirical knowledge, practices, beliefs, and customs that are passed from parents to children in indigenous communities or communities in certain places. The properties of certain plants with healing power are part of this type of protection.