Intellectual Property

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The term intellectual property originated in French law, as the result of the idea of
natural rights of the 18th century man. According to this theory, intellectual property is a spiritual creation and the creator or more of them have the right to exploit it. The legal protection of intellectual property rests on its two basic legal segments: copyright and industrial property law.

Copyright is a form of legal protection, that is, a set of rights given to creators, literary, scientific artworks and works from other areas of creativity. This form of legal protection protects: literary works, novels, poems, theatrical, choreographic works, newspapers, computer programs, databases, films, musical works, paintings, graphics, photographs, sculptural works, architectural, cartographic, technical drawings applied arts, etc. This domain of law has deeper historical roots.

To give creators the incentive, recognition of authorship, and fair material or monetary compensation. Under this system of legal protection, creators ensure that their work is reproduced or reproduced without fear of abuse, unauthorized reproduction or piracy. This leads to the strengthening of culture, knowledge and entertainment around the world.

Creators of works protected by copyright, and their legal successors have certain basic rights. They have the exclusive right to use or grant other persons the use of the work under certain conditions. Therefore, they may authorize the use of the work but also prohibit:
-butting the work
-The public performance of the work
– broadcasting works by radio, television, cable
-shooting work on different information carriers and placement on the market.
– translating works into other languages, duplication or scene adaptations.
Often creative works, for the purpose of mass distribution, require more substantial monetary or material investments, and creators, by way of compensation, assign their rights to individuals or organizations that can work closer to the market. These compensations are called creators. According to appropriate WIPO contracts, copyright is time-limited and lasts for the life of the author and 50 years after his death. This deadline provides the creators and their legal heirs with financial benefits during a reasonable period of time. Apart from financial, they also have moral rights, that the author be designated as an author, and that no changes are made to the work that could harm the author. Creators and copyright holders can exercise their rights and administratively through courts.

Over the past 50 years, related exploitation rights have emerged creations protected by copyright work. They contain similar rights only with limited scope and shorter duration. Related rights include:
-the rights of the performer’s artists, to their performances, such as actors and musicians
-the right of the disc artists to their recordings, records, compact discs, digital video discs.
– the right organizations for radio diffusion, on their radio, TV programs and the like.

The copyright work is protected from the moment of its creation, or the acquisition of copyright is not subject to any administrative procedure. Many countries have national copyright institutions and a legal prediction of the registration of a work, for example for the purpose of marking the types or titles of the work. Many creators of copyright works do not have adequate opportunities and means for the realization of copyright, at this time of increased possibilities for multiplication or exploitation of copyright works. Therefore, the establishment of a collective copyright collective society is on the increase, providing members with facilitation in protecting and collecting royalties (gaining material benefits from the reproduction of copyright works). The author’s work is not an idea itself. It is a designed, described, presented or realized idea.

The agency is a professionally organized company or a legal entity, registered in accordance with the applicable regulations in a particular country, whose main activity is in the field of protection, transfer of copyright works. In developed countries, this activity is appreciated, and there are specialized houses that work in fields of various art genres, photography, film, publicist, music, artistic sculptural creativity, etc. In the underdeveloped countries of Africa, Asia, and even in some European countries there are scarcity of agencies that act on the protection, that is, the placement of copyrighted works. This is due to the lack of education and tradition to ensure that successful authors and their works are adequately priced. Historical heritage, long colonial status, wars, large migrations with the rise of certain ideological or religious views have contributed to such a state. In such environments there are rare families where creativity in one area was nurtured through three generations on one case. There is also a lack of both gallery and auction houses with a tradition where, through time, certain models have become clear and mutually acceptable, both for that house, as well as for free, independent creators and their associations.

The term “industrial property” is derived from French law. It was officially used for the first time in the French Patent Law of 1791. It became the generic term for a set of intellectual values, a product of the human spirit that is applied in business life. Above these intellectual values, their creators establish certain proprietary or quasi-proprietary prerogatives. Under the influence of French law, the term “industrial property” is also accepted in other countries as a set of norms that regulate legal protection: inventions-patents, technical improvements, areas of distinguishing signs such as new forms of bodies, paintings and drawings that receive legal protection in type of model and samples: signs for the marking of goods and services that receive legal protection in the form of trade or service marks and geographical names of products that are protected in the form of geographical indications of products. In our midst, it has been agreed that all forms of intellectual work, copyright works and works in the field of industrial property are considered to be intellectual property. At the Diplomatic Conference in Paris in 1883, the “Convention on the Protection of Intellectual Property Rights” was adopted, which, due to its place of origin, was called the “Paris Convention”. Representatives from 11 countries took part: Belgium, Brazil, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Serbia, Spain and Switzerland. In 1884, three other countries, Ecuador, Tunisia and Great Britain joined. The Convention also established the Union for the Protection of Intellectual Property, which is open character. Even at that time it was envisaged that the Convention would be periodically revised, which has been done so far many times. Sometimes it’s hard to spot the difference and define which form or mode you need to protect new ideas or creative creations. More recently, the issue of protecting software, one of the intangible intellectual creations, has acquired a growing importance and role in informatics and life in general. In addition to these rights, industrial property law also includes rules for the suppression of unfair competition and the provision of a logical and civilized way of realizing intellectual ideas in certain environments, states and continents.

As an object of patent protection, the invention is an intangible creation, an idea that It consists of learning, instruction, on what technical means, or in how to solve a particular technical problem. The essential patent-legal characteristic of the term of the invention is its attachment to the technique. This characteristic indicates that technical problems and their solutions are always in the sphere of operation of natural laws underlying all the material world.

Extremely important inventions in practice that solve problems of great importance are called discoveries. For example, the extremely important discovery is 1882 by Nikola Tesla “Craft magnetic fields”, the discovery of “Steam Machine” by Jim Wats, the discovery of OT Nikolaus internal combustion engine, etc. The process and the emergence of discovery have a complex character. The presence of irrational elements or the notion of creative intuition in the process of discovery leads to the reason that apart from philosophy, creativity deals with psychology.

In its basic meaning, the patent represents a monopolistic or exclusive right, which is assigned to the invention or invention, and based on established principles within the framework a certain legal system, the state. Basically, the patent gives a new solution to the technical problem. It provides the patent holder with legal protection in the country in which it is protected and receives the appropriate document. The patent can protect the product, the process and the application. The patent is time-limited, usually issued with a validity period of 20 years from the date of filing the application. There is a short-term patent category, or a small patent for which the protection is 10 years old and represents spatial forms, the content of which is mainly the external design of an object. So, it refers to a practically useful, usable object. A substantial, short-term patent, or a small patent, in order to be approved, must have a novelty in relation to previously existing or defined objects, devices, or the purpose function of the subject must be enhanced by the new design. Checking for a small patent is smaller and easier to get, but therefore the shelf life or scope of protection is lower. It has different definitions of small patents or utility models worldwide. An interesting example is from China, where the definition of a patent and utility model is unique: It is an “invention-creation” that must be new, economically applicable and based on inventive work.

8 thoughts on “Intellectual Property

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  • 13/10/2019 at 11:00 pm

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  • 15/12/2019 at 4:06 pm

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