The protection of applied arts (figures, paintings, photographs, plans, sculptures, drawings, games, handicrafts, etc.), software, musical and literary works are essential not only for leading companies such as Marvel, Adidas, guilds such as BSA, among others, but also for any business that wants to ensure sustainable growth and avoid future litigation.
Our professional team has not only the knowledge, but also the experience of many years to be able to professionally assist our clients both in the complaints and in the defense of copyright violations of all kinds.
Copyright constitutes a specialized branch of Law that regulates one of the aspects of intellectual property, that which deals with the different legal relationships and the attributes of the authors in relation to the literary and artistic works that are the result of their creation. In this sense, copyright is the one that has to do with the property of the sculptor over his sculptures, the painter over his paintings, the writer over his books, the creator of a computer program over his software, of performers about their interpretations, among others. Copyright protects all works of human ingenuity.
In the particular case of copyright, protection is obtained automatically with creation and is not subject to any formality. Industrial property, on the other hand, does require registration with the competent authority to guarantee protection.
Copyright protects all intellectual creations, whether they are original or original works in their composition and form, or derivatives, because they are based on a pre-existing work. Original works are literary, musical, theatrical, artistic or audiovisual works and derived works are adaptations, translations, compilations, annotations and comments, excerpts, musical arrangements and other transformations.
There are two types of rights that are recognized to the author: moral or personal rights and patrimonial or economic rights. Moral rights are the rights of the author that have to do with his personality, that is, with the fact that the work is an extension of the author's personality and therefore, they are inalienable, unattachable, inalienable and imprescriptible. The patrimonial rights are those exclusive rights of the author to exploit the work and to obtain an economic benefit for it, being able to cite as an example the following: the reproduction, communication, distribution, translation, authorization of the work, among other patrimonial rights of the author.
Software is any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system, to perform a function or task and obtain a specific result, whatever its form of expression and fixation. The software is protected as a literary work, the fruit of human ingenuity. The guardianship includes the source code, object code, technical documentation and user manuals, as well as successive versions and derived programs. In the software, personal copying is not allowed, only the reproduction of the legitimately acquired program by inserting it into the internal memory of the hard drive for exclusively authorized use and as a backup copy to replace the legitimately acquired copy, when it cannot be used by damage or loss.
Although it is true that copyrights are automatically protected, however, their registration in the respective registry gives them legal publicity and is the best way to prove their existence over time in case a third party has to be reported using it without authorization.
The duration of the registration process, which ranges from the beginning (presentation of the application in INDECOPI) to its conclusion (issuance of the Property Certificate or Title), is approximately 20 days, provided that all the required documentation is attached.
Our firm provides the services of claims and defense of claims for violation of copyright.
