Talking about intellectual property makes us think that it refers only to the product of the mind, to the intangible, to what we believe or to our ideas. Well, that’s not the case… Intellectual property goes beyond what we imagine; it includes all the physical production that is born from those ideas.
The rights to protect the works or creations of artists and authors are recognized and guaranteed in almost all legal systems in the world.
Intellectual property is summarized as the right to what you create initially in your mind and then externalize as a product or ideas.
Intellectual property rights protect creators’ economic interests and guarantee the benefits generated by their creations. That is, whoever legally owns intellectual property rights can economically exploit both material and immaterial production.
A clear example of the above can be summarized in the case of the property rights of The Beatles’ songbook (one of the most valuable in the history of music). Still, its economic benefits are divided between Paul McCartney and Sony Music Publishing. , until 2026, when McCartney will be able to have access to more songs apart from the 32 he already has from the said catalogue.
What is intellectual property?
Intellectual property simply refers to the rights that protect the productions, works or creations of the mind. It also covers the protection of rights for literary works, inventions, images and symbols that are used commercially.
The legislation of many countries protects patents, copyrights and trademarks.
At the same time, they guarantee the recognition of profits resulting from the creations, with the purpose of promoting favourable means to increase inventions and, therefore, productivity.
The agreement that established the World Intellectual Property Organization (WIPO), which we will discuss later, was created on April 26, 1970, because protecting intellectual property rights is so important.
For this organization, every creation of the human mind is part of intellectual property, although the exclusive exploitation of that creation is not legally guaranteed to its authors.
Scientific theories and discoveries are examples of cases that are not subject to protection. Formal legislation only guarantees some types of production already mentioned (art, inventions, symbols, among others).
What is intellectual property like?
In general terms, intellectual property is divided in two ways:
- Industrial Property:is related to the intellectual property rights of inventions, trademarks, patents and industrial designs.
- Copyright:This refers to the rights to works of art, literature, music, and filmographies and includes software.
Types of intellectual property
Below, we will tell you how intellectual property is classified, depending on the case:
1. Patent
It refers to the exclusive right that is granted over an invention. The owner decides if his invention can be used by third parties and in what way.
If third parties can use the product, the owner must make all the technical information related to it available to the public in the patent document.
2. Copyright
This refers to the description of creators’ rights over their artistic and literary works. These include the rights to books, music, paintings, sculptures, cinematographic works, computer programs, databases, advertisements, maps, and drawings. Technicians.
3. Industrial design
It can be an industrial model or drawing that represents the design, aesthetic appearance, two-dimensional features (colours, lines), or three-dimensional features (shape, texture, surface) of a product.
4. Brands
In this case, it refers to the distinctive sign of a product or service that differentiates it from its competition. This was born when artisans left a “mark” on their products as a unique signature.
5. Trade secrets
These are intellectual property rights over confidential information of an invention.
These may be sold or licensed to third parties, but unauthorized disclosure of such information is considered a violation of trade secret protection.
6. Geographical indications
They refer to the sign used on those products of specific geographical origin, generally consisting of the name of the place or the main characteristics and reputation among other qualities. Parmesan cheese is a clear example.
7. Commercial image
It refers especially to the art, representative image, and characteristics of a product’s packaging’s aesthetic appearance. It also refers to a building’s architectural design.
Apart from this classification of intellectual property, there are a person’s image rights and the use made of them.