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Intellectual Property

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Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.

Patents

Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.

To qualify for a patent, an inventor must invariably create something that is:

• Of patentable matter
• Unique to patentee
• Merited and can be utilised
• Innovative
• Non-obvious

Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.

The State grants the exclusive right to an invention for 20 years on the principle that, after expiration, the invention will become public domain. Both inventions and procedures may be patented.

The validity of a patent is 20 years from the date on which the application was filed. Annuities are expected to maintain the patent rights.

Trademarks

Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.

Famous examples of trademarks are Coca Cola and McDonald's.

Trademarks are registered at the Spanish Patent and Trade Mark Office. Trade mark registration is valid for ten years and can be renewed indefinitely for further ten-year periods. However, the registration may be cancelled if the trade mark is not renewed, or if it is not actively employed for an uninterrupted five-year period.

Copyright

Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.

Registration Office
Oficina Espanola de Patentes y Marcas
Paseo da Castellana 75
Madrid
28046
Spain

Tel: +34 91 7925 804
Fax: + 34 91 3495 597
E-mail: informacion@oepm.es
Website: www.oepm.es

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