What is intellectual property?
“Inventions and distinctive signs, which are protected under the concept of Industrial Property, that have as their main characteristic that they seek to distinguish themselves, differentiate themselves or stand out from the rest of existing goods and services. With this, their owners intend to grant an image and unique and exclusive presence in the collective thinking of the citizenship “, as specified by the National Registry.
Pieces classified as Industrial Property:
- Industrial models, among others.
What is Copyright?
The National Registry clarifies this: “It is one of the branches that Intellectual Property contemplates, with the aim of protecting the original intellectual creations (…) the protection of Copyright covers the expressions, the creative, ingenious, original, unique form of the author when expressing himself, but not ideas. The ideas are free to use. “
Pieces that are protected by means of Copyright:
- Theater, musical and art works
- Books, brochures Letters and others written as poems
- Computer programs
- Architectural and photographic works
- Sculptures, etc.
Within Copyright, there is also a branch called Neighboring Rights, which apply to individuals who participated in the creation, production, recording or dissemination of a piece.
How long are Copyrights acquired?
The person who registers his work through the form of Copyright will enjoy them throughout his life but, when he passes away, the rights will pass into the hands of who or who acquire them legitimately, this for a period of 70 years. After that time, the work becomes public domain.
How do you register your pieces before the National Registry?
ERP Lawyers & Associates will be responsible for renewing your piece or registering one for the first time. The only thing we need is for you to present the piece to be registered or to renew and indicate if it is denominative or with logos (for this last point you must submit a sketch).
Prior to making the formal application for registration or renewal of the intellectual property of the piece before the Registry, we will apply the study of the trademarks already registered, with the objective that theirs is not similar and this prevents their registration.
Once confirmed that his work does not show similarities with another, we proceed to the formal process:
- Fill out the registration form signed by you, authenticated by a lawyer
- Presentation of a copy of the work
- Payment of registration fees
The Registry will verify the requirements and the piece will be registered in 1 or 2 days, if it is unpublished. If the work has been published, it will be necessary to publish an edict in the Official Newspaper; after the publication and a lapse of 30 working days without opposition from a third party, the Registry will register the work. In cases where they are trademarks (Industrial Property), it will be necessary to fill out or submit to:
- An examination of form: personal data of the applicant, address, legal representative, the mark to be registered and the translation if it were in a language other than Spanish, list of products or services where the brand will be used, proof of payment of the established fee and place to receive notifications.
- A substantive examination: a study that will determine if the trademark is contained within any legal prohibition.
After the studies of form and background, this will issue an edict to be published three times in La Gaceta, to announce the request. After the publications will be given a space of two months so that third parties have the possibility to oppose, “considering that the sign (mark) in process is immersed in some prohibition.”
“Once the term for oppositions has expired and if none have been filed, the Industrial Property Registry will proceed with the registration of the trademark”.
If there is opposition from third parties, the applicant will be informed so that, “within a period of two months, the objection will be pronounced. Then the Registry will define the matter through a reasoned resolution where it grants or denies the registration of the sign “.