Intellectual property

| What is Intellectual Property?
| What can be protected in the field of SSH?
| Types?
| How to protect the Intellectual Propriety?

 

What is Intellectual Property?

This term refers to a number of distinct types of intellectual creations for which a set of exclusive rights have been established—and the corresponding fields of law.
Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, in the scientific, industrial, literary, and artistic fields.

  • It protects the right of the creator to be recognised as such, to record his/her work and control the use made of it. In the field of social and human sciences, the creator of a scientific, artistic or literary work can exploit it directly or through an agreement with third parties. 
  • The copyright, as established by law, is a set of exclusive rights on such productions, and does not require registration as these rights arise at the time of the creation. However, registering the productions in the Intellectual Property Registry or before a notary is recommended.

 Industrial property:

  • Industrial property is understood to be a set of exclusive rights that protect the innovative activity behind new products, new procedures and new designs, and the commercial activity that exclusively identifies products and services supplied in the market. (OEPM)
  • The invention must meet three basic requirements:

- it should be novel;
- it should show an inventive activity;
- it should have an industrial use.

A patent provides protection for the invention to the owner of the patent. It means that the invention cannot be commercially made, used, distributed or sold without the patent owner's consent. These patent rights are usually enforced in a court, which, in most systems, holds the authority to stop patent infringement. Conversely, a court can also declare a patent invalid upon a successful challenge by a third party. (WIPO)

The most common is that the results of knowledge transfer in the social and human sciences are to be protected through intellectual property, although outcomes like tools or platforms related to information technology may be protected through industrial property.

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  What can be protected in the field of SSH?    

  •  Scientific and literary works; 
  •   Musical compositions; 
  •   Plays, pantomimes and choreographies; 
  • Cinematographic and audiovisual works; 
  • Sculptures, paintings, drawings, engravings, lithographs, comics, photographs and works of art, whether used or not; 
  • Projects, plans, architecture or engineering models, graphis, maps and designs relating to topography, geography and science ;
  • Computer Programmes; 
  • Databases; 
  • Websites and multimedia works ;
  • Artists and actors performances ;
  • Phonographic, audiovisual and publishing productions.

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   Types of intellectual and industrial property

The creation, management and use of  Intellectual and Industrial Property Rights (your own and those of others) are essential elements of academic life.
The following table presents different forms of IIP rights that can be used to protect the rights of authors:

 

Types of IIP Description
Copyright A form of protection provided by existing laws in most countries for the authors of "original works" including literary, dramatic, musical, artistic and intellectual work.
Creative Commonsnid%3D123%7Ctitle%3D%7Cdesc%3D%7Clink%3Dnone A free, public, and standardised infrastructure that allows the creator to maintain copyright while permitting certain uses of their work.
Iindustrial Design Protects the look (in 2 or 3 dimensions) of a product and does not protect any technical features of the article to which it is applied. (WIPO)
Trademark Distinctive signs, used to differentiate between identical or similar goods and service offered by different producers or services providers. Trademarks are a type of industrial property, protected by intellectual property rights. (WIPO)
Protection of semiconductor topographies Protects electronic integrated circuits.
Plant variety Protects new plant varieties
Patent An exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. (WIPO)
Industrial Secret Protect confidential information

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How to protect the Intellectual Propriety?

The procedure depends on the nature of the work and the protection that we want to apply. There are several legal instruments that can be applied to protect your rights. For example: Intellectual Property Registration, I.S.B.N.(International Standard Book Number), the Copyright...

Contact the UAB Research Park tel. 93 586 88 91 to determine which of the legal concepts is most appropriate to your case.

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