Intellectual Property & Industrial Property: When to use each of them in your business?

Do you know what Intellectual Property is? What is the  difference between intellectual property and industrial property?  How is it differ...

Do you know what Intellectual Property is? What is the difference between intellectual property and industrial property? How is it different from Industrial Property? What is the importance of intellectual property rights in business? If you want to learn to differentiate them and use them correctly in your business, keep reading!

Intellectual Property & Industrial Property: When to use each of them in your business?
The ideas and intellectual creations that have emerged through any process of innovation have multiplied in recent years thanks to scientific and technological advances. All industrial sectors have been aware of the need to implement change processes, both through the improvement of services and products already offered and through the creation of new ones. As this dizzying career continues to move forward, one of the greatest legal challenges posed is the ownership of ideas, represented by Industrial Property and Intellectual Property.

What is Intellectual and Industrial Property?

In a broad sense, intellectual property relates to all creation produced by the human mind; This is the inventions, models of utility, marks, literary and artistic works, etc. However, in some country, the term "Intellectual property" has been specially coined for a particular branch, such as copyright.

In effect the concept Intellectual Property includes:

  • Industrial Property includes patents for invention, utility models, trademarks, collective, certification and geographical indications and appellations of origin. In some country, the body responsible for the Industrial Property Registry referred to in Law act (xxx), and its Regulations is the INAPI (National Institute of Industrial Property), formerly the Department of Industrial Property.
  • Copyright: it relates to and protects the rights of performers over their performances, the rights of producers of phonograms over their recordings and the rights of broadcasting organizations over their radio and television programs. 

What is Industrial Property?

Industrial property is referred to as the set of rights in intangible property such as inventions (patents and utility models), distinctive signs (trademarks and trade names) and industrial designs. They are called "industrial" as a result of their association with goods produced by the industrial sectors of society.

What is Intellectual Property?

Intellectual Property is the set of personal and/or patrimonial rights that correspond to the authors and other owners (artists, producers, broadcasters ...) of original literary, artistic or scientific creations expressed by any means.

Why is it necessary to protect Industrial Property?

Protecting inventions through Industrial Property allows preventing third parties from being able to manufacture or commercialize this invention without the consent of its creator since they grant it a right to exclusivity. On the other hand, this registry also represents a way of creating and enriching the corporate assets of a company. It is a way of ensuring the technological, industrial and commercial development of the businesses and, therefore, of a country and serves as a tool of differentiation and business competitiveness against the competitors

At the national level, the United States Patent and Trademark Office (USPTO) is in charge of registering patents and utility models. Whereas to register inventions at States level is processed by the Trademark Office (USPTO) and The international procedures before protecting inventions in more than 150 countries are carried out by the World Intellectual Property Organization (WIPO). On the other hand, if we are talking about formal innovations in design (industrial designs) or corporate identity (trademarks or trade names), it is necessary to go to the USPTO at the national level, to the United States Patent and Trademark Office and the World Intellectual Property Organization (WIPO) Worldwide. 
"Going to one or another office will depend on what market or markets a company intends to sell its products or services."
For its part, the registration of creations in the registration of Intellectual Property is voluntary, since the law gives protection to the authors, although it is advisable. This registry is an administrative mechanism for the protection of the Intellectual Property rights of authors and other owners of their works, performances or productions and supposes a protection of these rights since it constitutes a qualified proof of their existence. It is possible to access the registration of the Intellectual Property in a telematic way through this link.

If you want to delve more deeply into the advantages that Industrial Property offers to your company, we invite you to go to any Support Center for SMEs in the field of property rights management Industrial, Intellectual, and Innovation in your area.

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