Starting an innovation-based activity, such as a startup , requires many considerations, including how to protect the intellectual property of the product or service you want to market . On the other hand, it is also necessary to make sure that you do not violate the intellectual property of third parties to avoid fines and severe economic damages. Let's take a closer look at what intellectual property is.
What is intellectual property?
There is no universal definition of intellectual property because what it includes varies from one country to another. However, it is possible to clarify the meaning of this concept, which, in general, refers to a system of legal protection for intangible assets that are the result of human creative and inventive activity . This category includes, for example, artistic works, industrial inventions, brand names and designs.
More specifically, intellectual property is considered, from a legal point of view, the set of rights of a personal nature (that is, the moral right to be recognized as the author of a work or as the creator of a technical solution or brand) and patrimonial rights (that is, the right related to the economic exploitation of the creative activity itself).
While the former is a personal and inalienable right, the sweden whatsapp data latter is available and transferable. It is worth noting that both individuals and companies , regardless of their size, can benefit from intellectual property rights. As for the specific rights protected by intellectual property, these are divided into three different macro-areas:
Works of ingenuity protected by copyright (artistic and literary works, music, television programmes, artistic designs, advertising creations and multimedia products, software, databases);
Industrial property (patents on inventions, trademarks, industrial designs, new plant varieties and geographical indications of origin);
Business strategies (trade secrets, know-how , confidentiality agreements or rapid production).
The form of protection provided by intellectual property depends, however, on the nature of the asset to be protected. While for some, protection comes into effect automatically (this is the case, for example, of copyright relating to literary texts and audio recordings, after registration with the Authors' Society of the country - in Spain it is the SGAE), for others it is necessary to submit a formal application which will then be examined by the competent body of the country where the registration was made.
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How to protect your intellectual property?
The protection of intellectual property of intangible assets varies according to the geographical context in which it is activated and according to the object of protection, assuming different forms. The registration of intellectual property can be done at national, community or target country level. If, for example, a Spanish company is interested in expanding its activity in China, it can request the registration of intellectual property in that country.
For this reason, it is a well-known tool for those who hold a management position in companies with a marked international vocation , a career path prepared, for example, by an Executive MBA , Global MBA or International MBA , in which the importance of intellectual property is explained in detail.
Nowadays, the application for registration can be made electronically, simplifying this procedure. However, in large multinationals there are dedicated departments, otherwise it is advisable to turn to a professional trademark and patent agency that acts as an intermediary with the different national offices or, in the case of a registration at European level, with the community office: the EUIPO (European Union Intellectual Property Office) based in Alicante, Spain. These professionals also offer advice on the steps to follow and possible improvements to be better protected. In addition, they are responsible for ensuring that no one uses or copies the intellectual property or the registered patent and, if necessary, offer legal assistance.
The duration of intellectual property varies significantly depending on the type of protection; in general, it is important to know that it must be renewed. However, in the case of copyright protection, it persists for the life of the author and is extended for 70 years after his death, thus guaranteeing long-term protection.