Intellectual and industrial property represents an essential element for technological intelligence and a crucial stage in the management of technology transfer and innovation. Increasingly, its registration makes the creation of technology-based companies possible.
In this practical guide to intellectual and industrial property, you will find the primary keys to its management. The challenge is to maximize the impact of your organization’s science, technology, and scientific knowledge on society.
What is intellectual and industrial property?
Intellectual and industrial property refers to creations of the mind and is an exclusive and territorial property right. The States grant it for a specific time to use or exploit inventions or innovations industrially and commercially.
Their registries grant a monopoly of exploitation in the market while demanding a series of obligations from their owners, among which public disclosure is crucial for technological intelligence.
What are its main advantages and benefits?
In the current information and knowledge economy, intellectual and industrial property emerges as the primary mechanism of return on investment in R&D .
First, it allows for adequate legal and strategic protection for research results that generate intangible assets, which strengthens the marketing capacity and socio-economic performance of R&D&I in organizations. These intangible assets are decisive to achieve operations such as:
- Intellectual property assets support the signing of contractual agreements.
- Licensing of the exploitation of technical knowledge.
- Achievement of economic transactions from the commercialization of licenses and strategic alliances.
In addition, the databases on patents, trademarks, and industrial designs provide users with a wealth of technological and commercial information vital to staying up-to-date on technological surveillance.
What are the types of intellectual and industrial property?
The World Intellectual Property Organization established, through its international agreement in 1967, the object of protecting this field.
In general, there are two main types of knowledge protection:
- Intellectual property rights relate to mental creations, including inventions, literary and creative works, symbols, names, and images used in commerce. They are known as copyright or author’s rights and are also related to Creative Commons licenses.
- Industrial property rights: related to the creations of the industry, such as:
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- Patents
- Patents
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- Utility models
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- Trademarks and distinctive signs
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- Industrial designs and drawings
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- Geographical indications
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- Commercial or industrial secrets
What is the regulatory framework to which intellectual and industrial property rights are subject?
Intellectual and industrial property registrations and rights are territorial and subject to a wide variety of treaties and legal norms typical of national, community, and international law. They are coordinated mainly by WIPO and are accessible through the WIPO Lex tool.
This regulatory framework for intellectual and industrial property is made up of the following:
- National laws: Each country has a Technical Office responsible for regulating and managing these rights. It is in charge of determining what can be protected, what requirements are required, and what the administrative process will be until the right is granted, among other aspects. Locate the Office responsible for your country with the help of #MoocVT.
- International laws seek to streamline procedures and facilitate supranational protection with instruments such as “national treatment” and the establishment of a standard concession process.
- Framework agreements: they lay the foundations for the previous legislation and establish the minimum concession requirements.
Discover the most relevant treaties and regional offices of this regulatory framework for intellectual and industrial property because understanding its complexity is crucial for technological intelligence. Each industrial property title, for instance, is valid for the area for which it is granted and may be in the public domain in nations where protection was not sought. To facilitate effective decision-making, it is imperative to identify the offices concerned, monitor their databases and communications, and capitalize on the value of intelligence studies that have already been completed.