Six key issues on intellectual property













Intellectual property, presents a number of specific rules that are necessary for their understanding, especially from the European perspective.

When are the intellectual property was?

From the moment a work is created, born right intellectual property. The importance of this point is that no registration needed to have the protected right. Another thing is that for testing purposes in case of conflict, It is convenient to have the work properly registered. But it is not a necessary requirement. The IPR existed for establishing the work.

In addition to creating, artistic interpretation or enforcement, also generate the right.

Can protect Ideas?

In any case, is considered that the purpose of intellectual property should be externalized: should materialize formally, out of the author's mind. Mere ideas, not protected and are not considered intellectual property.

When does my right to be protected?

Copyright begins to be protected since its first release: at the time that is disclosed to the public for the first time. This first brought to the public must be made with the consent of the author, as part of their moral right on their work. And this right of first disclosure does not have to perform the work. The right who perform the work has a proprietary nature and is subordinate to the right of disclosure originating author.

When a work is considered published?

Keep in mind that in IPR publication the term refers only to the issue of multiple copies. The performance of a play, television broadcasting or the making available on the Internet are not considered publication.

Need the work to reach the public to be created?

The work has to be materialized so as to be "potentially" enjoyable for the public, although not required consummation: a work in the drawer is embodied. No need the author attempts to exploit economically the work to have their rights protected.

Are the links on web pages exploitation actions?

The answer is not unanimous. There are sentences in which it is considered that placing links to places that copyright material is available it is not exploiting it is the owner who does (SAP Barcelona 24.2.11).

However, for part of the doctrine, these links are actually a act of exploitation, that its activity is allowing public access to the work. Keep in mind that the art. 17 Act 34/2002 services of information society and electronic commerce), for linked websites are not responsible is required:

1.- Not aware of the information that is unlawful or linking affect the rights of a third party.

2.- If you have that knowledge, deleted the link.

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