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Latin America IP SME Helpdesk

Latin America IP SME Helpdesk
Author:
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN: 9789292024697

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Intellectual Property (IP) refers to all creations of the mind, such as images used in commerce or music. IP is usually divided into two branches, namely Industrial Property, which relates to inventions, designs or signs used in commerce; and Copyright (or 'author's right', according to some non English definitions), which relates to literary and artistic works. Intellectual Property Rights (IPRs) are exclusive rights. They confer a temporary monopoly over creations to the right holders, granting them exclusivity on the use and exploitation of their intellectual creations and also the right to prevent any unauthorized use by third parties. Therefore, this protection system allows creators or owners to benefit from their own intellectual work or investments in creations and innovations, as well as to protect their moral and economic interests resulting from the authorship of scientific, literary or artistic productions. The following IP rights are further developed throughout this factsheet, focusing on Brazilian features: Copyright and related rights, Patents, Industrial Designs, Trademarks and Geographical Indications.


Latin America IP SME Helpdesk IP Factsheet

Latin America IP SME Helpdesk IP Factsheet
Author:
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN: 9789294601643

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As in Europe and other Latin American countries, software is protected as a literary work under copyright law. Given that Brazil and the EU countries are part of the Berne Convention, EU SMEs automatically benefit from copyright protection in Brazil upon creation of their software. Apart from the general copyright law, Brazil also has a specific software law. This law regulates the protection of authors' rights in this particular field, the process for registering software, rules regarding its commercialisation, as well as criminal penalties for copyright violation of software in Brazil. The rights granted by the software law to software proprietors also apply to foreigners domiciled abroad, as long as the country of origin of the software grants equivalent rights to Brazilians and foreign citizens domiciled in Brazil. As for every copyright protected work, registration for software is not a prerequisite of protection, in contrast with trade marks or patents, for example. However, it is highly advisable to register your software before the Brazilian Patent and Trade mark Office, since it provides proof of authorship and date of creation, which will help you in the event of future infringements.


Latin America IP SME Helpdesk

Latin America IP SME Helpdesk
Author:
Publisher:
Total Pages:
Release: 2019
Genre:
ISBN: 9789292026868

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Although Intellectual Property legislation enjoys a certain degree of international harmonisation, Central America's IP legislation differs somewhat from that of the EU. The purpose of this factsheet is to provide an overview of the IP system in El Salvador, Guatemala, Honduras, Nicaragua and Panama, as well as to explain the main differences between Copyrights, Patents, Industrial Designs and Models, Trade Marks, Geographical Indications and Appellations of Origin.


Latin America IP SME Helpdesk

Latin America IP SME Helpdesk
Author:
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN: 9789292025311

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Intellectual Property (IP) is a set of legal rules that regulate the exclusive rights related to innovative and creative activity and to commercial activity. IP is usually divided into two branches: Industrial Property, which relates to inventions, designs or signs used in commerce; and Copyright, which relates mainly to literary and artistic works. As exclusive rights, Intellectual Property Rights (IPRs) confer a temporary monopoly to the right holders, granting them exclusivity on the use and exploitation of their intellectual creations and also the right to prevent any unauthorized use by third parties. Nowadays, IPR have become a key factor for innovative SMEs seeking to internationalise. IPR will provide market exclusivity, allow to recoup the investment made in R&D, facilitate licence and transfer agreements negotiations related to IPRs allowing them to access third parties technologies. SMEs that are interested and concerned about their intangible assets generally have the chance to find new investors, build a better enterprise image, access new markets and thus increase their value. The IPR system also enables rightholders in the artistic and cultural sphere (such as authors, performers, producers, broadcasters, etc) to improve their visibility and protect their moral and economic interests The following IP rights are further developed throughout this factsheet, focusing on Chilean features: Copyright, Patents, Industrial Designs, Trademarks, Geographical Indications and Appellations of Origin, and Plant Varieties.


Latin America IP SME Helpdesk

Latin America IP SME Helpdesk
Author:
Publisher:
Total Pages:
Release: 2020
Genre:
ISBN: 9789292027889

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Intellectual Property (IP) refers to all creations of the mind, such as images, used in commerce or music. IP is usually divided into two branches, namely industrial property, which relates to inventions, designs or signs used in commerce; and copyright (or 'author's right', according to some non-English definitions), which relates to literary and artistic works. Intellectual Property Rights (IPRs) are exclusive rights. As such, they confer a temporary monopoly over creations on the right holders, granting them exclusivity on the use and exploitation of their intellectual creations, as well as the right to prevent unauthorised use by third parties. Therefore, this protection system allows creators or owners to benefit from their own intellectual work or investment in creations and innovations, as well as to protect their moral and economic interests arising from the authorship of scientific, literary or artistic productions. The following IP rights are further developed throughout this factsheet, focusing on Paraguayan features: copyright, patents, industrial designs, trade marks, trade names, geographical indications and appellations of origin and plant varieties.


Latin America IP SME Helpdesk Factsheet

Latin America IP SME Helpdesk Factsheet
Author:
Publisher:
Total Pages:
Release: 2020
Genre:
ISBN: 9789294601070

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An intellectual property right ('IPR') gives its holder a wide range of rights to prevent third parties from taking advantage of the use or commercialisation of the underlying intellectual asset (brand, invention, etc.). Even though the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for some basic guidelines with regards to the protection of IPRs before national authorities (mainly courts and administrative bodies), the national laws, case law and usual practices of the country directly affect how your IPR can be enforced. This factsheet aims to provide an overview of the legal framework in Chile regarding IPR enforcement, focusing on the law applicable to each case and the kind of injunctions and remedies that can be applied for, as well as some practical advice.


Latin America IP SME Helpdesk Factsheet

Latin America IP SME Helpdesk Factsheet
Author:
Publisher:
Total Pages:
Release: 2020
Genre:
ISBN: 9789294601308

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The ownership of an intellectual property right (IPR) gives the holder a wide range of rights to prevent third parties from taking advantage of the use or commercialisation of the protected IPR. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provides for some basic rules on the enforcement of IPRs before national authorities (mainly courts and administrative bodies). However, the national laws, case law and the usual practices of the country directly affect how your IPR can be enforced. The EU-Mercosur trade agreement (recently negotiated but as of September 2020 not yet ratified) contains a specific IP chapter through which the two trade blocks have agreed to align their legislations on this issue. Any EU SME considering entering the Argentinian market must keep in mind that, while Argentinian legislation is to some extent in line with that of the EU, some national specificities apply when it comes to the enforcement of IP rights. This factsheet aims to provide an overview of the legal framework in Argentina regarding IPR enforcement, focusing on the law applicable to each case and the kind of injunctions and remedies that can be applied for, as well as some practical advice.