In SANCHIS & PARTNERS we provide a comprehensive advice to our clients in all matters regarding their intangible assets, including among others, brands, patents, know-how, designs, artistic literary scientific and audiovisual creations, at both nationally and internationally levels.
Some of those legal texts are:
The classical principle concerning this matter is the “principle of territoriality”, which implies that, the protection provided by States in terms of Intellectual and Industrial Property, is only legally effective inside the borders of its territory. However, nowadays, there is a series of International Treaties and European Regulations intending to harmonize rights granted by States and even to create international protection titles.
Convention of the Paris Union (CUP) for the Protection of Industrial Property, dated of 1883.
Berne Convention (CUB) for the Protection of Literary and Artistic Works,dated of 1886.
WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
UE Regulation nº 125/2012 establishing an enhanced cooperation in the field of creating a unitary protection
Industrial Property means the bundle of rights that a natural or legal person might own upon one invention, industrial design, or distinguishing mark. There are many different types of Industrial Property Rights:
– Industrial designs or inventions.
– Distinguishing marks: Brands and Trade Names.
– Patents and Utility Models.
– Semiconductor Topographies.
At the national level, Spanish Patent and Trademark Office (SPTO) is the Public Body responsible for registering and granting the different types of Industrial Property. Nonetheless, in order to protect an invention outside the spanish territories there are diverse possibilities, including European Patents and the PCT procedure.
The applicants must consider the best choice according to the different criteria, including, geographical position where the protection is needed, the language in which the processing would take place, the cost that is able to assume or the term wherein the patent ought to be obtained. SANCHIS & PARTNERS is responsible for advising their clients in this task.
Intellectual Property refers to moral and economic rights that authors have over their original creations.
Within intellectual Property rights, a distinction should be made between Copyright and “related” or “neighbouring” Rights. The Author shall be the natural person who creates any literary, artistic or scientific work. Copyrights are inalienable. They are subjects of other intellectual property rights (“related”or “neighbouring rights”) among others, performers, producers of phonograms, audiovisual recording producers and broadcasting organizations.
Intellectual Property Registration is the administrative tool provided to authors and other owners of intellectual property rights, to enable them to protect their works, performances and productions. Registration is voluntary, inasmuch as the non inscription in the Register is not an obstacle in order to acquire intellectual property rights, nor to obtain the protection granted by Law. Nonetheless, it is an additional protection mechanism since it constitutes a proof of those works’ existence.