May 10, 2024
Industrial property and copyright are two distinct elements that focus on protecting creations and inventions. However, each of these areas applies to different scenarios.
Both are crucial for the protection of property rights over the development or creation of something. Thus, not only tangible goods can be protected, but also ideas are subject to protection.
There is often some confusion about these two concepts, with questions arising regarding which inventions and creations they cover or the type of protection they offer. Follow along and discover what industrial property and copyright are, and how each of these can protect your intangible assets.
Before we move on to understanding the concepts of industrial property and copyright, it is essential to first explore intellectual property. Thus, it is important to establish that industrial property and copyright correspond to intellectual protection.
In this sense, in both cases, the inventor is granted the right to exploit their invention or creation. This right aims to protect the thought, reasoning, technique, and capability behind the asset.
We can define intellectual property as a broad field that studies and protects all types of creations. However, there are some subdivisions within it.
Finally, it is impossible to address industrial property and copyright without mentioning their intellectual scope, which is protected by Portuguese legislation, as well as by international treaties.
Industrial property is the area of intellectual property that protects inventions, trademarks, industrial designs, and models, granting exclusive rights over these elements. This branch aims to promote the creation and economic development of the country by stimulating innovation and the dissemination of knowledge.
Thus, industrial property is of utmost importance for the stimulation of markets.
Any invention or creation should be registered and protected to prevent its misuse by third parties.
If the registration is not made, the rights are not guaranteed to the creator or inventor.
As a result, they can be reproduced by third parties, who may also register the creation and become its rightful owners.
This category of industrial property pertains to the appearance of something. It protects only the aesthetic aspect, not including its potential functions. This domain is exclusively related to the visual appearance, which, in turn, remains an innovation.
One of the most well-known areas within IP is patents. This category of industrial property pertains to the creation of something new that has not yet been developed or explored.
It is generally defined by an innovation or creation that addresses a specific need. In this sense, it aims to solve a technical problem that needs to be overcome. It can translate into a new way of handling an issue, simplifying an activity, or optimizing it.
Finally, we have the category of industrial property corresponding to the utility model. Unlike a patent, the utility model does not necessarily have to be entirely new, but rather a new way of presenting an already known innovation or creation.
To clarify this category, let’s take the telephone as an example. When it was first introduced, it required wires for connection. However, over the years, the cordless telephone emerged. Thus, this invention was modified, not invented, since the telephone already existed.
The same example applies to left-handed scissors. The object already existed. However, a new model was developed to address new needs.
Thus, the utility model is based on something that has already been conceived. In other words, it is not a groundbreaking invention, but rather a creation aimed at improving something that already exists.
It is very common for copyright to be confused with industrial property, even though they are based on completely different types of creation.
In this case, the details relating to the author must be protected.
Thus, copyright focuses on literary, musical, theatrical, cinematographic, photographic, painting, and sculpture works… The numerous areas covered by these rights are easily recognized.
In summary, industrial property protects rights related to creations associated with innovation, industry, and commerce, such as inventions or trademarks. On the other hand, copyright is concerned with the protection of cultural works and intellectual creations that are not reproduced industrially.
As previously mentioned, this domain guarantees the exclusive enjoyment of the work. Thus, it ensures protection in two aspects: moral recognition, through awards, and commercial recognition, regarding economic return.
You may now be wondering: how does copyright work in practice?
Let us explain with a simple example. Imagine that a literary work is used as the basis to create a new textbook. This new book will be sold with the information about the author of the original literary work, who should be rewarded for their creation.
Thus, regardless of the organization of the work, the creator should receive the financial return from their creation, as well as recognition for it.
The same reasoning can be applied to the use of music, films, or videos on YouTube. Every time they are used or reproduced, the creator should be acknowledged and compensated.
In summary, industrial property and copyright are essential in protecting any creations or inventions. All thought, reasoning, and outcomes should be acknowledged and rewarded.
Thus, whenever you create or innovate, you should register it to ensure protection of your creation. Furthermore, it is important to analyze in which domain your innovation falls so that you can ensure appropriate protection.
