The intellectual property in general
What is intellectual property?
Intellectual property consists of a series of personal rights and / or property that attributed to the author and other holders the provision and exploitation of their works and performances. In case of patent infringement, the plaintiff can be an individual or a business entity of any size. The defendant, more often than not, is a larger business, typically with more resources.
What protects intellectual property?
Intellectual Property protects literary, artistic or scientific creations expressed in any media, such as books, writings, musical compositions, dramatic works, choreography, audiovisual works, sculptures, paintings, drawings, models, maps, photographs, computer programs and databases. It also protects artistic performances, phonograms, audiovisual recordings and broadcasts.
What is excluded from the protection of intellectual property?
Ideas, procedures, methods of operation or mathematical concepts as such, but not the expression of the same are excluded. Legal or regulatory provisions, the corresponding projects, decisions of the courts and the acts of public bodies, as well as translations of such texts are also excluded.
Why is it necessary to protect intellectual property?
Intellectual property rights also grant recognition to the creators, the economic compensation to them for the realization of their works and performances. It is also an incentive to creation and investment works and the benefits to society as a whole.
When a work or protected?
They are protected from the moment of its inception, the owners receiving the full protection of the law from that moment and without compliance with any formality is required.
What are technological protection measures?
Apple, Samsung heading to court again amid patent infringement claims. Apple iPhone displayed next to Samsung Galaxy. Technological measures can be defined as the instruments that are intended to prevent or restrict the user works or it does not have the proper authorization, reproduction, public communication, etc.. of them.
What they can not prevent technological measures to users of the operating rights to enjoy some of the limits imposed on the exploitation rights. These limits for reasons of social, cultural, national security, etc.. allow users-beneficiaries that can be used in certain cases the rights to reproduce, communicate, distribute, etc. without requiring proper authorization of their respective owners.
Whenever the application of technological measures can in practice undermine any restriction tax exploitation rights of holders of intellectual property rights, it has been necessary to establish that the latter provide the means for beneficiaries to enjoy these limits thereof. When owners do not voluntarily provide such means, the beneficiaries of these limits may go to courts in order to enforce compliance with this obligation.