What territories have protected my intellectual property?













The protection provided by the industrial property is bounded to the "territory of protection".

Its treatment is different from what happens with copyright: In the copyright protection is universal, from the moment the work is created, and extends to all signatories of the Berne Convention.

Protection industrial property limited to the country where there has been, meeting the requirements of local legislation. To get extended protection industrial property other territories, must be registered in each state the corresponding brand, patent or utility model. This is the basic principle, subsequently qualified by the international conventions affecting industrial property. We must take into account mainly the Agreement on rights issues intellectual property trade-related (TRIPS Agreement) regulating both industrial property as intellectual and affects more than 100 States that are part of the same, and trade agreements between the EU and third states.

The internal, on industrial property competition for regulated exclusively by State, though the regions have assumed powers over the implementation of the legislation and some of them have created regional records intellectual property.

At the level of the European Union, applicable legislation remains national of each state, but it is considered that competition on industrial property is shared, between the state and the organs of the Union. This produces many problems: The TRIPS Agreement must be ratified by both the Union and each Member State. The Union shall have exclusive competence over certain matters such as border measures against piracy. Moreover, each state has the capacity to legislate on intellectual property. In any case, regulation of each Member State, must respect the principles of free movement of goods and non-discrimination against nationals of other Member States.

In theory, you have priority respect to the protection of industrial property, but in practice, This superposition of general principles abundant legal disputes.

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