Copyright or Intellectual Property??

PROPIEDAD INTELECTUAL

 

 

 

 

 

 

 

 

 

 

 

Although sometimes used interchangeably, the copyright and intellectual property terms do not refer to exactly the same.

Also produce confusion with the term "copyright”. This expression is more limited in scope, legally speaking it refers to the power of the creator of a work to authorize or prohibit actions on the same. The intellectual property is a broader concept: It is a property right which comprises both the rights of authors, like other rights relating primarily to economic exploitation of the work.

In Anglo-Saxon countries, the term is used “Copyright” while the inland is more common to use the "Intellectual property".

The "Intellectual property" collects two types of rights: the moral (referring rather to the reputation of individual rights holder) and property (economic exploitation of good). In civil law there is a certain hierarchy between the two facets, placing first the copyright. Registration of the work, has only declaratory, that facilitates testing in case of conflict, but is not constitutive intellectual property. The intellectual property of the author is not transferable: The author can not be separated from his status as creator of the work, but you can set authorizations or licenses for economic exploitation.

For his part, in Anglo-Saxon countries, the term copyright is broader than that of intellectual property, y sand also used to refer to the intellectual property rights such as patents, brands or utility models. Also, the "Copyright" refers to assets or economic content: The author creates a property, but moral rights not contemplated that have much relevance in civil law. On the other hand, in this environment, Registration is establishing the right, so if there is no record, there is no legal protection against unauthorized.

Last, in systems “Copyright” There is a greater facility for the transmission of the rights, by not incorporating moral rights: They resemble the transmission of a commodity like any other and what is transmitted is the complete property and not a right of use or an operating license.

Finally conceptually indicate that although the difference between the two systems is clearly, the ratification of international conventions such as the Berne, somewhat diluted the points that separate.

Ultimately, when terms arise “Copyright” and "Intellectual Property" are part of different conceptions: the former refers to a well assimilated into a commodity and the second includes both moral and economic rights.

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