The research process can lead to all sorts of products, and each one of those may be entitled to protection. Protection, however, does not operate in the same way for all of those products.
Let’s say a researcher, through his/her investigation and work, designs a process to improve the effectiveness of a pill and writes an article for a journal about that process. Even though the products are related and can be protected as Intellectual Property Rights, they have different sorts of protection.
The “Intellectual Property Rights” can be divided in two main categories:
Copyright/Author’s Rights and Related Rights. General Scheme.
Copyright, also known as Author’s Rights (depending on the legislative system and its historical development), refers to the protection of the rights of authors in their literary and artistic works. “Literary and artistic works”, as stated by the Berne Convention for the Protection of Literary and Artistic Works refers to every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression. It can include:
- Books, pamphlets and other writings;
- Lectures, addresses, sermons and other works of the same nature;
- Dramatic or dramatico-musical works;
- Choreographic works and entertainments in dumb show;
- Musical compositions with or without words;
- Cinematographic works (and works expressed by a process analogous to cinematography);
- Works of drawing, painting, architecture, sculpture, engraving and lithography;
- Photographic works (and works expressed by a process analogous to photography);
- Works of applied art;
- Illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
Industrial Property Protection. General Scheme.
Industrial Property, on the other hand, protects:
- Patents,
- Utility Models,
- Industrial Designs,
- Trademarks,
- Service Marks,
- Trade Marks,
- Trade Names,
- Indications of Source or Appellations of Origin, and
- Repression of unfair competition
As stated in the Paris Convention, specifically in its first article. It can be said that its object of protection consists of signs conveying information, in particular to consumers, regarding products and services offered on the market. Protection is directed against unauthorized use of such signs that could mislead consumers, and against misleading practices in general.
When seeking protection for your invention, you should take into account the type of product it is, to determine the correct path to follow. Intellectual Property is a very wide topic, and this blog will be focused mainly on Patent Law.
