What Is Intellectual Property Copyright And How Is It Protected?

 

You probably already have a pretty good idea of what intellectual property copyright is. However, the subject is quite complex and concepts such as patents, copyrights, trademarks, and many others are mixed. In this article, we try to answer your questions.

Differences between intellectual and industrial property:

First of all, it is necessary to clarify the difference between intellectual property and industrial property:

1. Intellectual property is that right that protects the unique and highly personal creations of the human spirit. It is, for example, musical, literary, painting, sculpture, architecture, etc.

2. Industrial property, for its part, protects those creations linked to the industrial field, not unique, and that is reflected in patents, utility models, and the like.

In this way, the protection of these rights is also carried out differently, as we will now see.

Protection of intellectual property with copyright and intellectual property law:

The protection of the intellectual property is a constantly topical issue in the Internet age. Thus, the downloading or streaming of music and movies, the dissemination of photos online, and many similar topics dominate the current debate on copyright in the digital world.

Intellectual property is regulated by the copyright and intellectual property law and its protection corresponds to the Intellectual Property Registry, dependent on the Ministry of Culture and Sports.

The core of intellectual property is the so-called copyright, which the law defines as the right that corresponds to the author over his work by the mere fact of having created it. Therefore, the fact registering the works will simply serve as a means of proof of that authorship.

Intellectual property copyright:

The intellectual property of a certain work attributes to its author a series of rights over it - First, the moral right. This is an inalienable right that corresponds to the author and allows him to decide whether or not he wants to disclose his work and how to do it, demand recognition of his authorship, guarantee the integrity of the work, modify it and prevent its modification, etc.

Second, the exploitation rights, through which the author can exploit his work in the way he deems appropriate and, in particular, through reproduction, distribution, public communication, and transformation. All these activities require the prior and express authorization of the author of the work. In case of doubt about the use of protected works, it is advisable to have legal advice.

Finally, the author also has other rights related to his work, among which the recent (and controversial)  right to equitable compensation for private copying stands out.

Patents are perhaps the best-known system of industrial property protection. In this way, we can define the patent as an exclusive right over a certain creation or invention of products or procedures with industrial utility.

Consequently, the patent holder will be able to decide whether or not the invention can be used by third parties and in what way. In general, the patent is only valid in the territory in which it is registered, and has a duration of twenty years.

In addition to the patent, there are other types of intellectual property copyright:

Utility models, are very similar to patents but with a lower inventive range. Both creations are included in the concept of 

1. Industrial inventions.

2. Trademarks and Trade Names.

3. Industrial Designs.

4. Topographies of Semiconductor Products.