Intellectual Property (IP)

Intellectual property is the inherent right you have over works resulting from ingenuity and intelligence; whether literary, artistic or scientific, and includes copyright and industrial property.

Unlike other types of property intellectual property refers to something intangible; which makes it a more sophisticated property concept than we are used to dealing with. Intellectual property laws, which protect the resulting work but not the creation process, provide the author with a set of rightsexclusive in relation to the treatment of their idea, and not on the idea itself. In other words, ideas, methods, systems or procedures are not protected by intellectual property legislation.

Only its literary or scientific expression is protected, but not the idea contained, which therefore cannot be registered. There is also a current, especially that which comes from the free software movement , which considers that the term “intellectual property” is misleading and brings together under the same concept different legal regimes that are not comparable to each other, such as patents, copyright author, brands, designations of origin, among others. World Intellectual Property Day is celebrated on April 26.

Categories of IP according to WIPO

According to the World Intellectual Property Organization (WIPO), intellectual property is a type of property, this means that its owner or holder can dispose of it as he pleases and that no other natural or legal person may legally dispose of your property without your consent. Naturally, the exercise of this right is subject to limitations.

1. Industrial property: includes inventions, patents, trademarks, drawings and industrial models and geographical indications of origin.
2. Copyright: which includes literary and artistic works, such as novels, poems, plays, films, musical works, works of art, drawings, paintings, photographs, sculptures, and architectural designs.
3. Related rights: includes artists’ interpretations or performances, the production of phonograms and the activities of broadcasting organizations.

Intellectual property registration

The Intellectual Property Registry is a body provided for in the Intellectual Property Law , conceived as one of the systems for the protection of Intellectual Property rights, through the proof and publicity of the rights that are registered.

Rights are registered in the Intellectual Property Registers, which fall on the works susceptible of protection. These works are, according to the legislation:

• Scientific and literary works
• Musical compositions
• Theatrical works, choreographies and pantomimes
• Cinematographic and audiovisual works
• Sculptures, paintings, drawings, engravings, lithographs, graphic cartoons, photographs and plastic works, whether or not applied
• Projects, plans, models of architectural or engineering works, charts, maps and designs relating to topography, geography or science
• Computer programs
• Database
• Web pages and multimedia works
• Performances by artists, performers and performers
• Phonographic, audiovisual and editorial productions

The author does not need to do any administrative procedures; therefore, registration in the Intellectual Property Registry is always a voluntary procedure. However, the registration serves as a means of proof that accredits who is the author and to whom the exploitation rights correspond. The right is deemed to exist as declared in the Register, unless proven otherwise.

Intellectual property rights

Thre are two types of intellectual property rights can be distinguished :

1. Extra-patrimonial rights, or moral rights: are the rights that the author has as the author of the intellectual work. This is the case of the right to publish the work or keep it unpublished; and the right to be recognized as the author of the work by third parties.
2. The patrimonial rights: which refer to the economic aspect that derives from the authorship of the work. In other words, the right to charge for the edition, translation or adaptation of the work.

Like all types of property, IP can be sold or transferred to third parties. Unlike other traditional forms of property, which persist over time, even if sometimes through different owners, intellectual property has an end. In general, in Spain the rights of exploitation last the author’s lifetime and 70 more years after his death or declaration of death, at which time the work passes into the public domain, forming part of a common heritage; can be used freely by anyone, respecting its authorship and integrity. Moral rights, due to their personal nature, are linked to the life of the author. However, the rights of authorship and integrity of the work can be exercised, without time limit, by the heirs or person designated by the author.

Although the authors of the works enjoy a wide set of rights over them, these must yield in certain cases to a wider social interest in the promotion and development of culture.

These restrictions are specified in the possibility of reproducing the work or part of it without the express authorization of the author in cases such as:

• To give evidence in a judicial or administrative procedure.
• For the private use of the copyist.
• For private use of the blind.
• In quotes and reviews , for teaching or research purposes, indicating the source and the name of the author.
• With the occasion of work or information on current issues.
• In relation to works located on public roads.
• For its non-profit use in certain institutions of a cultural and scientific nature.
• During the performance of musical works in official events.
• Parody, as long as it does not pose a risk of confusion.

The protection of intellectual property rights has several advantages:

• If you protect your invention — a new product, for example — you become the only person authorized to use or reproduce it. No one else can copy or reproduce it without your permission.
• When your invention is protected, the quality of the product is guaranteed and its origin is clear.
• This can be an advantage for your business, as customers often prefer to buy a product that has gone through strict controls (well checked).
• You can also make profit, not only directly, by using your IP right, but also indirectly, through licensing agreements. This is the case, for example, if you grant a company a license authorizing it to use your product protected by IP for a certain period of time.
• In some cases, such as copyright and unregistered designs or models, intellectual property right protection is automatic and does not require any formality.
• Having a patent or trademark can increase the commercial value of your business and help it find investors or other funding opportunities more easily.

Sources: World Intellectual Property Organization

Photo credit: Intellectual property by Nick Youngson CC BY-SA 3.0 Pix4free (pix4free)