Protecting Your Business: Intellectual & Industrial Property Rights

Industrial Property (Commercial)

A set of intangible fixed assets affords legal custody to business owners, protecting the value of their assets and differentiating their companies within the market. Key elements include:

• Brand Name: Products or services identified by customers through brands.
• Industrial and Artistic Designs: Lines, shapes, colors, or elements that distinguish products (industrial design) and may include reproductions of artwork.
• Patents: Protect new inventions. There are three types of inventions:
  • Inventions of Order: Made by an employee during their contract term, specifically for the purpose outlined in the contract. The invention belongs to the employer, unless it is deemed significant, in which case the employee may be entitled to remuneration.
  • Free Inventions: The invention and patent right belong to the employee.
  • Inventions Relating to Work: Inventions made by an employee using knowledge acquired within the company. The employer may claim ownership with appropriate compensation to the employee.
• Industrial Designs: If registered by multiple persons, the right is shared proportionally as agreed. If created by an employee, the right typically resides with the employer.
• Software: Ownership belongs to the author. In cases of collective work, ownership belongs to the person who edits and publishes it under their name. If created by an employee, ownership typically resides with the employer.

The New Law

This law does not consider disclosure of the invention in the 12 months preceding the application date. It defines three key terms:

• Design: The appearance of a product.
• Product: An industrial or handcrafted item.
• Complex Product: A product composed of multiple replaceable parts.

New Designs:

• A design is considered "new" if no identical design has been marketed before the application date. Designs with only irrelevant differences are considered identical. Disclosure is a prerequisite for registration.
• New designs must also have a unique character.

Registration Procedure:

1. The OEMP (Office of Examination of Marks and Patents) conducts an accessibility review.
2. Opposition proceedings occur at the administrative stage.
3. A two-month period follows registration for potential challenges.

Protection lasts for a maximum of 25 years.

Trademarks (Commercial)

A trademark is a distinctive sign that identifies goods or services from a business. It can be any symbol, logo, noise, etc., that creates customer memory or association with the product. Trademarks help prevent unfair competition.

Business Name (Commercial)

A business name is the graphic sign identifying a company among its competitors.