Intelectual Property: FAQ:
What is Intellectual Property?
'Lectric Law Library Legal Lexicon', defines intellectual property as property
that can be protected under law, including copyrightable works, ideas,
discoveries, and inventions. Such property would include novels, sound recordings,
a new type of mousetrap, or a cure for a disease.
What are the main types of intellectual property?
The four main types of IP are:
- Patents for inventions - new and improved products and processes that are
capable of industrial application
- Trade marks for brand identity - of goods and services allowing distinctions
to be made between different traders
- Designs for product appearance - of the whole or a part of a product resulting
from the features of, in particular, the lines, contours, colors, shape, texture
or materials of the product itself or its ornamentation
- Copyright for material - literary and artistic material, music, films, sound
recordings and broadcasts, including software and multimedia
However, IP is much broader than this extending to trade secrets, plant varieties,
geographical indications, performers rights and so on. Often, more than one
type of IP may apply to the same creation.
What is a Trademark?
Trademarks are names or symbols used to identify the origin of some product
or service.
Why register a trademark in Panama?
A registered trademark gives the exclusive use of that name, providing its owner
the capability:
- To create "Trademark Value", an active intangible for the company.
- To offer licenses and franchises.
- To differentiate yourself from competitors.
- To be protected from third parties using an equal or similar name, exercising
the legal actions that correspond to you.
- To impede others attempting to register similar trademarks.
- To have priority over third parties wanting to register their trademarks,
in countries which do not require registration.
What are trademark classes?
When registering a trademark you need to specify the products and services that
will be associated with your trademark. The large majority of countries of the
world have adopted the International Classification of Niza. This system groups
all products and services into 45 classes -- 34 for products, 11 for services
-- permitting you to specify precise and clear classes covering your trademark.
The protection that is offered to a registered trademark covers only the classes
specified at the time of registration, therefore, allowing two identical trademarks
to coexist in distinct classes. The agencies governments are in charge of the
registration of trademarks for a given class, offering greater protection and
greater investment.
How do I know in which class (es) to register?
When you speak to our lawyers they will ask you to describe how you intend to
use a trademark for your products and services. With this description Quijano
& Associates will recommend to which class(es) to register and what products/services
you should include in each class.
What happens if opposition to my trademark arises?
If oppositions arise, Quijano & Associates relies on experienced lawyers
that will recommend you the appropriate course of action.
When should I get a copyright?
Register the copyrighted work immediately upon its creation or publication.
Copyright registration is voluntary and is available for both published and
unpublished works. This legal formality when complied with provides the copyright
owner with protection that far exceeds the time and cost of obtaining such registration.
Registering the copyrighted work is not a very timely, costly or complex process.
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