What is Intellectual Property?

PROPIEDAD INDUSTRIAL

 

 

 

 

 

 

 

 

 

 

 

 

 

Within the discipline of Industrial Property, a set of rules governing logos and intellectual creations are collected, technical and aesthetic applied in industries.

Namely, within Industrial Property duties are listed as brands, patents and utility models, copyright, industrial designs and other special intangibles (as plant varieties can be, or designs of semiconductor), as well as the rights to image and even databases.

The continuous renewal in industries, requires that the applicable legislation is often amended. In fact, the 21 February 2014 was published the Bill to reform the Copyright Act.

In Industrial Property, addition to the Spanish legislation, should be taken into account EU regulations and international standards.

The characteristic features of the industrial property are as follows:

1.- The rights Exclusive: The incumbent has a monopoly of exploitation.

2.- Should translate into products or services are placed on the market.

3.- You can play serially, so theoretically unlimited.

4.- They are assets that can be held simultaneously by several people.

5.- The most common is to legal action violation (not the reivindicatoria).

6.- This is absolute rights, opposable for all.

7.- Its existence is limited to those who are well qualified by the legislator.

8.- In the system of the Civil Code, are classified as assets furniture.

9.- They can be considered as goods, leading to the classification of transactions as commercial.

10.- Enjoy constitutional protection, under the provisions of Article 33 thereof.

11.- Shall be equivalent to the administrative concessions that enjoy legal protection for a specified period.

An important difference compared to the Industrial Property Intellectual Property is that the signs can be renewed indefinitely in time. For example, trademarks can be renewed indefinitely, meet the statutory requirements. However, patents have a limited life time.

The Industrial Property goes hand in hand with the evolution of the economy and business and expands at the same rate. Beyond its traditional boundaries, extends to the fields of unfair competition, the Data Protection and Personality rights. But these issues will be the subject of future posts.

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