Despacho especialista en propiedad intelectual

Intelectual property

What is the Intellectual Property (Copyright)?

The copyright of a literary, artistic or scientific work corresponds to the author by the mere act of creating it. He is considered author to the individual creative work. If the work is disclosed anonymously or under a pseudonym or sign, the exercise of the rights of intellectual property on it corresponds to the natural or legal person who published with the consent of the author, provided that this does not reveal your identity.

Intellectual property laws protect two different types of rights: copyrights, and related rights. The first set the protection to creative people of works of the intellect; the so-called "rights neighboring or related", are, fundamentally, the rights of artists performers, producers of phonograms, producers of audiovisual recordings, broadcasting organizations, those relating to the protection of mere photographs and the protection of certain editorial productions, and, finally, the sui generis right on database.

From the legal point of view can be distinguished two kinds of rights inherent to copyright:

  • Moral rights: the right to the authorship of the work, the right to the integrity and the right to decide the way in which the work will be. These rights are inalienable and transferable.
  • Economic rights: are the exploitation rights of the work, i.e. the rights of reproduction, distribution, public communication, making available and transformation. These rights can be transmitted.

What can be object of intellectual property?

They may be subject to intellectual property:

  • Literary texts or scientists, speeches and conferences.
  • Musical compositions.
  • Theatrical works.
  • Audiovisual works.
  • Works of art, including sculptures, drawings, engravings, comics, photographs and the other plastic works whether or not works of applied art.
  • Works and architectural or engineering projects.
  • Computer programs.
  • Translations, adaptations, musical arrangements.
  • Anthologies and databases.

They are not protected by the law of intellectual property:

  • Ideas, procedures, systems, methods of operation or mathematical concepts as such.
  • The legal or regulatory provisions, resolutions of courts, reports of public bodies, as well as official translations of such texts.
  • The creations that should be protected as Industrial property (trademarks, trade names, patents of invention, utility models and industrial designs).

What is the scope of the protection?

The intellectual property right has limits. Already disclosed works may reproduce without permission of the author in the following cases:

  • As a result or evidence in judicial or administrative proceedings.
  • For use of the copyist and always private that the copy is not subject to collective or lucrative use.
  • For private use of visually impaired.
  • When they are reproduced without profit spirit by museums, libraries, archives, libraries, etc.

The rights of exploitation of the work will last a lifetime of author and up to seventy years after his death or declaration of death, and may be transmitted "mortis causa" and "inter vivos" by any means accepted in law.

Why is it necessary to protect the Intellectual Property?

  • Intellectual property rights give the holder recognition as a creator of a work, as well as economical remuneration that corresponds by the accomplishment of his work.
  • Intellectual property rights are an incentive to creation and investment in construction and performance of which society benefits as a whole.
  • The registration of intellectual property rights provides a test qualified on the existence and ownership of these rights.
  • The intellectual property registry is also intended to give publicity to the registered rights.

However, the registration is not mandatory to acquire intellectual property rights, but the protection that the law gives intellectual property rights is acquired with the creation of the work or other protected subject, the importance of the inscription is in its above mentioned test effect.

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