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Copyright is a type of right to intangible property and belongs to the broader category of rights that protect works of human cognition and is generally known as Intellectual Property Rights. Intellectual property gives a limited time, but absolute and exclusive right to the author of the works of the mind, as defined by law, to exercise a series of powers, economic and moral. To understand why intellectual property is a right of a different nature from industrial property rights, such as patents and trademarks, we need to focus on the scope of legal protection afforded by each of these three types of rights:
Copyright protects the author’s initial contribution leading to the creation of a particular work of intellect. The protection lies in the prohibition of most uses of the work, in particular, reproduction and distribution. Copyright offers more protection for works containing elements of creativity and originality than for works of an industrial nature, albeit with the introduction of works such as computer programs and databases, we have seen a functional shift of copyright towards more utilitarian objects.
A patent protects an innovative invention or production process. What is protected here is innovation, not originality. Also, as is clear from the description of the invention and the publicity obligations that are at the heart of the patent protection system, the purpose of licensing is not to restrict the use of a particular invention but to restrict the manufacture of that invention.
A trade mark safeguards and protects the specific relationship between a product or service and a specific distinctive feature. Here, the object of protection is not to copy the trademark logo but to associate it with a specific product or service. The trademark itself or title can be protected independently as a work of visual art and a work of speech respectively.
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Our Law Office since 2010 offers comprehensive, effective and high quality services & benefits of legal advisors.