The management, care and protection of the image and commercial information of a company, through the correct use of the elements and concepts related to Intellectual Property and Information and Communication Technologies, appear as instruments of great importance today.
It is on these issues that Eproint specializes its management, and for a better understanding, we make available to our clients, the brief development of the following concepts:
Intellectual Property (IP) is a section of law that seeks on the one hand to encourage innovation, creation and technology transfer and on the other, to structure markets by aiding decision making on the consumer sphere.
Rights designed to encourage people to invent and create are better known as patents of invention, utility models, industrial drawings, industrial designs, topography of integrated circuits, plant varieties and copyright.
Such rights that are principally directed to commercialization are trademarks, appellations of origin, geographical indications and unfair competition.
The wide coverage of figures and scenarios offered by intellectual property has led the World Intellectual Property Organization (WIPO) to distinguish between two sub-genres that as a consequence portray a better understanding of the application and regulation of these issues.
It is thus divided into two major branches that are better known worldwide as Copyright and Industrial Property
Copyright is a set of legal norms and principles that affirm the moral and economic rights that the law grants to authors. Whether published or unpublished, the sole act of creating a literary, artistic, musical, scientific or didactic work may be deemed to have such copyright protection.
There are several ways in which an author can protect copyright works: (i) from simple registration at the IP Offices of each country, (ii) certifications of work, (iii) and/or to the use and application of various international licenses. At Eproint we advise and adapt the options that are best suited to your business.
It distinguishes mainly between two types of inherent rights pertaining to each author of a work of any kind. These are:
- Moral Rights: Guarantees the paternity of the intellectual creation and protects the personal and reputational value of a work. The moral right is especially important under copyright law, since the author has the voluntary right to set the conditions of its commercial exploitation and to also defend his integrity.
Since it is considered that the author is entitled to the moral right aimed to control his creation, moral rights shall be understood as the connection between an author and his creation.
- Economic Rights: It refers to the commercial value of a creation and grants the author a monopoly to exclusively exploit his creation during a determined period of time. This encourages industrial and commercial relations as well as creativity.
Under this monopoly, right holders may prevent third parties from using, manufacturing and selling the creation without authorization. If such rights are infringed, the author can be deemed to take legal action against the illicit use of his literary, artistic or industrial creations.
The writing of software as such, the user manuals and the interphases of a computer program can be categorized as literary and artistic works. They are therefore susceptible of registration and guardianship under the Copyright figure.
However, sometimes this figure does not respond to the volatile needs of the current technology market. That is why Eproint advises and offers alternative and effective options for the protection of digital and audiovisual intangibles of all kinds.
The writing of the software as such, the user manuals and the interphases of a computer program can be categorized as literary and artistic works. They are therefore susceptible of registration and guardianship under the Copyright figure.
However, sometimes this figure does not respond to the changing needs of the current technology market. That is why Eproint advises and offers alternative and effective options for the protection of digital and audiovisual intangibles of all kinds.
It is when two or more authors may have created an authored work.
In this sense, it is possible to incorporate new authors into a work so that they are awarded and recognized with credit in the information page, information note and certificates.
Thus, all those people who would have participated directly as authors of a work will be entitled to the arising rights.
The registration by authors on their copyright work is voluntary. The intellectual property of a copyright work belongs to the author by the mere fact of its creation and not by having registered it (Berne Convention). However, most legal problems arise from evidentiary conflict.
The registration of a copyright work is a mechanism of proof that the author may or may not use as a protection measure, becoming a record of its authorship.
However, that’s the general rule. Certain jurisdictions require the registration of a copyright work to be able to access certain legal privileges, therefore in case of doubt; we recommend consulting with us in order to address each case in a personalized way.
Industrial property refers to the technical, ornamental and aesthetic aspects of an object, which is usually linked to an objective or a commercial activity.
They are used primarily to distinguish a priority right over elements of trade, whether distinctive signs, or inventions.
The main types of industrial property rights are:
Trademarks: distinctive signs used to identify the goods or services of the holder from those of other undertakings. They grant legal protection on the use of a name as a distinctive element in the trade of their products or the provision of their services.
Trade name: Any word or mixed sign that identifies and distinguishes an enterprise from a particular commercial establishment.
Expression or advertising sign: Any slogan, advertisement, phrase, combination of words, design, engraving or any other similar medium, provided that it is original, possesses unique characteristics and is used to attract the attention of consumers or users about a particular product, service, company, establishment or commercial premises.
Patents: Concessions or Negative Temporary Rights granted by the authorities to a holder, which enables them to avoid the unauthorized reproduction of his inventions or new process (the right to exclude others from benefiting from your invention).
Industrial designs: any assembly of lines or colors, industrial model in any plastic form, associated or not with lines or colors, having as a result that such assembling or form gives a special appearance to an industrial or craft product and can serve as a prototype for its manufacture.
Utility Model: Any new arrangement or form obtained or introduced in tools, work tools or known utensils, which allow a better function or a special function to be used, shall be considered a utility model.
Some of the recurring factors in developing a profitable business are: falsification, taking unjust advantage and improper use of the effort and the reputation of others. Regardless of the nationality, nor the size of the company that is represented or held, ALL are exposed and vulnerable to unscrupulous practices, plagiarism and / or falsification of their products or distinctive signs.
Therein lies the importance of the protection of distinctive signs, inventions and the likes of each owner. It is important to guarantee, at least a legal tool to terminate and punish third parties who claim one of two things: (a) to improperly profit from the name and commercial efforts of a responsible owner; or (b) to tarnish and damage the reputation and good name achieved by the efforts mentioned above.
Therefore, although it is not a legal requirement to neither identify by a trademark, nor seek protection by patents or similar rights; it is highly recommended.
The registration of a trademark guarantees protection of at least 10 years in the majority of countries; such period is extendable for equal periods, without a maximum term.
In light of possible identical or highly similar trademarks, the Registry guarantees each holder the possibility of opposing the registration of new distinctive signs that may lead consumers to confusion on the origin of the business products, therefore guaranteeing priority rights to those who have registered their sign on a prior date.
The usual term of protection of a patent will be 20 years. Subsequent to this deadline, the information contained in the patent document will enter the public domain.
It is the name given to all those current digital mechanisms, better known as IT; it is nothing more than the application of computers and telecommunication equipment to store, retrieve, transmit and manipulate data, frequently used in the business context or other companies. It covers a broad spectrum ranging from computers and computer networks, to other information distribution technologies such as television and telephones.
Multiple industries are associated with information technology, including computer hardware and software, electronics, semiconductors, the internet, telecommunication equipment, e-commerce and computer services.
Each of the relationships arising from interaction through technology generates obligations and legal effects for the parties, which must be carefully studied by the law and lawyers.
At Eproint we offer diverse services, related to the interaction of the legal world with the digital world, among them:
- Legal validation of campaigns in social networks
- Legal validation of promotions, sweepstakes, and online contests
- Copy Advice
- Cookie Audit
- Website compliance
- Database management
- Data Protection
- Legal review of websites
- Terms of recruitment
- Technological contracts
- Protection and recovery of Domain Names
- Use licenses
Each of the connections and acts carried out by means of an ´Information and Communication Technology´ (ICT) route necessarily imply that it is shared with the person in charge of the service, the administrator of the site or the company in question. This confidential information must be protected in accordance with current regulations.
Any person, physical or legal that stores any sort of information pertaining to its users, consumers, customers or similar, is obliged to carry out a series of procedures, aimed at compliance with international standards.
Eproint performs a legal assessment and validation of each of the online marketing campaigns that are intended to be used, in order to ensure the regulatory compliance of each one of them.
All electronic and technological devices, with or without web connectivity, used to manipulate, edit, display, print, store, transport or save information of a particular company will be cataloged within this category.
These devices will have the characteristic of being the property of the contracting company, and will remain accessible to the employees according to levels of authorization; being available in order to carry out the work for which they were hired.