Copyright
Copyright or copyrights are legal norms that are responsible for maintaining a balance between moral and patrimonial rights that the law or the State grant to authors.
A moral right has two aspects:
- The right to recognition of authorship The right to keep the work as it is, to deny authorization to make any modification.
Moral rights suppose a relationship between the author and his work.
All this of copyright begins in 1710 with the Statute of Queen Anne, it is said that before copyright only the public domain existed.
The public domain is when the works are able to be used by any person, they become public, because the economic right is no longer in force, in this way anyone can make use of them, modify them and even change them completely according to your needs and preferences.
Generally when a work becomes public domain it is because the author died and a minimum time of 50 years has elapsed, this term is worldwide. Several countries have extended this term, for example in Europe the term is 70 years, after that time you can already make public use of a work, respecting moral rights.
History of copyright
Since the origin of humanity, the works (in this case the cave paintings, among others) did not have prohibitions on copying or reproduction.
With the passage of time the printing press appeared and this invention caused the massive reproduction and copying of the works.
After this event, society begins to have the need to protect these works, but not in a material way but in a more intellectual way.
Formally, copyright is said to have emerged with the Queen Anne Statute in 1710, but it was much earlier when Antonio de Nebrija was the first author to claim copyright, creator of the “Castilian Grammar”.
Years later in England, booksellers (publishers of works) declared the existence of a right to control copies of the books they purchased, this right included that no one else could print copies of copyrighted works.
Copyright comes from Anglo-Saxon law (common law), while copyright comes from continental law.
Copyright is limited to the work only, does not consider the author's moral rights, and copyright is primarily based on the idea of a personal right held by the author, recognizes the work as an expression of the author, and protects itself.
In the early 1790s the only copyrighted works were only maps, books, and charts, and this gave the author exclusive rights to publish works.
Copyright protects the work as such, but not the ideas. Original works, whether literary, artistic or scientific, regardless of their medium or support.
Among the things that can be protected are:
- Brochures, books, among other writings, Musical works, Choreographic works, Audiovisual works, Engraving works, lithography, etc. Photography works, Models, plans, designs, etc. Comics, computer programs, Web sites.
Among the materials that cannot be protected by copyright are:
- Works that have not been registered or embodied in a tangible expression. Short phrases, titles, names and slogans. Procedures, ideas, methods or techniques. Regulations or laws, they can be published but their exclusivity cannot be maintained.
Copyright classes
- Patrimonial rights: are those rights that allow the exploitation of the work up to a certain period after the death of the author, after that time the work becomes a public domain. Moral rights: those linked to the author permanently and cannot be removed. Related Rights: are those that protect people other than the author. Reproduction rights: legal basis that allows the author to prevent third parties or people outside the work from copying it. Public communication right: is when the author authorizes a representation theatrical or musical.Right to translation: to publish or reproduce a translated work, permission must be sought from the copyright holder of that work in the original language.
Federal copyright law defines it this way:
Article 11: It is the recognition that the State makes in favor of all creators of literary and artistic works.
Copyrights are temporary monopolies that the author acquires through the State for the exploitation of his works.
Records
A registry is a means of information and protection of the author to establish proof of authorship prior to the dissemination of the work.
It is also the set of patrimonial rights that the State gives for a certain time and is intended to record copyright.
The record is given to those who actually invent something, be new to society and no one has done it before.
What should be done for copyright registration?
- Go to the SEP through the National Institute of Copyright. Search a database to avoid the existence of a history of the work. Submit the corresponding registration requests. Submit the necessary documents. Payment of fees: -Previous search: $ 80.00-Work registration: $ 131.00 Document registration: from $ 400 to $ 1000 depending on the document.
Only natural persons can be authors of any work, while moral persons cannot, according to the Federal Copyright Law.
What is a reservation of rights?
It is the power to exclusively exploit and use titles, denominations, etc. Periodical broadcasts or publications, fictional characters or characterizing advertising promotions, among others, may be subject to reservation of rights.
The duration of the copyright reservation will be 1 year from the date of issue.
Patents
The word patent comes from the Latin "patens" which means "to be open" or "discovered".
It is a right that the government gives to an inventor, this right allows third parties to not use what they have patented.
The author or the owner is the only one who can make use of the patent technology or the only one to authorize third parties to implement it under certain conditions.
According to the norms of the TRIPS (Agreement on the Aspects of the Rights of Intellectual Property) the patent will be in force for a limited time, generally they are 20 years, after those twenty years anyone can make use of what was patented.
Benefits of patents
- Prevents plagiarism (copying) of inventions. Boosts inventor's creativity. If the patent is good, the author benefits from the licenses he chooses to grant to third parties. The government encourages creation and development in the industry.
Damage to a patent
- It hinders the free diffusion of innovations. It slows down technological development. It supposes monopolies as obstacles to competition. It hinders access to underdeveloped countries.
An invention is any human creation that allows the transformation of the matter of nature to take advantage of resources and satisfy the needs of man.
Only inventions that are novel that are susceptible to application will be patented.
A patent must have a utility model, since it must have a different function with respect to the parts that make it up.
What cannot be patented?
- Biological processes, such as the reproduction of plants. Genetic material that is within nature. The human body and its parts. The races of animals. Plant diversity.
What is not considered an invention?
- Scientific principles or theories. Discoveries that are in nature (that already exist although man did not discover them). Computer programs. Aesthetic creations and literary works. Surgical treatment methods. Mathematical methods.
As previously mentioned, the validity of a patent is generally 20 years, in Mexico it is, but in other countries it can be 10 years.
When the patent expires, protection for the work also expires and it becomes public domain, as well as copyright.
The IMPI (Mexican Institute of Industrial Property), a decentralized and public body, is in charge of granting patents in our country.
It is important to grant invention patents because they become "temporary monopolies" and the development and exploitation of the industry is encouraged, as well as commerce as well as the transfer of technology.
Requirements to apply for a patent
- Application signed in 4 points. Proof of fee payment, with copies. Description of the invention. Claims. Technical drawing, as the case may be. Summary of the invention.
Processing time
Once the above requirements are met, it is published after 18 months, after publication, the substantive examination is carried out, which consists of observing the invention, if there is any, the IMPI will request the corresponding clarifications and must be addressed in 2 months. otherwise the request will be abandoned.
Patents in foreign countries.
The rights are exclusively national, that is, a Mexican patent cannot be used by third parties. They can only be reproduced in countries outside where you have patents and registrations.
An international patent can be obtained, this through the Patent Cooperation Treaty (PCT) and the European Patent Office.
If it is necessary for the patent to be international, you should consult your industrial property adviser from the beginning of the procedures to obtain the patent in Mexico to avoid the loss of patent rights abroad.
INFOPAT is the online Mexican patent search engine, check the validity of patents, offers alerts on recent patents, news, etc. This is useful to anyone in case we have something in mind or we already do it and we want to patent it, but we need to see that our idea does not exist or is really something new for society.
In this way, it helps us to develop the industrial field, since companies, perhaps to launch a new product on the market, first seek if there is already a patent on what they want to do to save time and money.
