FOR

Intellectual property rights (IPRs) are rights governed by statute that provide individua
are patents, trade marks, copyright, design rights, confidential information and know
others are simply acquired at the p

PATENTS

A patent is a legal title granted to an applicant

for protection of an invention. It is a
registerable form of IP. It must be applied for
at a patent office by submission of a ‘patent
specification’ disclosing how the invention
works. The patent is granted for a limited
period by the patent office, acting as an
instrument of the government in the country in
which the patent is applied for.

Conventions and treaties

 These laws establish the country’s national
patent and trade mark office, which then
administers the country’s patent and trade
mark systems. However, most countries today
also have signed up to international
agreements and treaties on the protection of IP
and, thus, their patent systems are harmonised
to a great extent, such that patent protection at
an international level can be conveniently
facilitated, registered and administered
transnationally in an efficient and economic
manner.

Refinements of the European Patent

System

Group 1: Those states having an official

language in common with the three official
languages of the EPO (English, French and
German); and Group 2: Those states whose
official language is none of the three EPO
languages

Requirements for a Patent

 The invention must be novel (new); It must
involve an inventive step (not obvious); It
must be capable of industrial application; and
It must not fall into the ‘excluded’ category
for non-patentable matter.

International Patent Protection Patent

Priority To obtain worldwide exclusivity for

an invention, a patent application first must be
filed in a country that is a member of the Paris
Convention mentioned above. The date on
which it is filed establishes a worldwide
‘priority date’ for the invention.
 FORMS OF INTELLECTUAL PROPERTY

Definition

are rights governed by statute that provide individuals with a right to prevent others from exploiting or abusin
ht, design rights, confidential information and know-how, and all of these play an important role in the innova
others are simply acquired at the point of creation without the need for a formal registration

Main forms of IP

COPYRIGHT TRADE MARKS

Generally speaking, surnames, geographical

names and words descriptive of the goods or
is a form of IP designed to protect the
services concerned should be avoided, as these
rights of a creator of literary and artistic
may be generic names, which the general public
works, computer programs and databases.
is entitled to use and thus are difficult to protect
for exclusive use.

Granting of Copyright Registration of a Trade Mark


copyright does not require any formal
application or registration for protection
of a creative work.
Works Protected by Copyright
Typical works covered by copyright are:
original literary, dramatic, musical and
artistic works, published editions of
works, sound recordings, films, videos,
broadcasts and cable programmes,
computer programs and databases.
International Protection
To qualify for registration, the mark: Must be
distinctive; Must not be descriptive of the goods;
and Must not be capable of deception or
confusion with marks already applied for or
registered.
International Registration
There are two main international agreements on
trade mark protection – the Community Trade
Mark (CTM) and the Madrid Protocol. The CTM
provides a facility to make a single application at
the CTM office in Alicante, Spain, at the Office
for Harmonization in the Internal Market
(OHIM). Registration of a trade mark under the
CTM system then provides protection in all
member states of the EU. The Madrid Protocol is
an international system for registration of trade
marks in multiple jurisdictions internationally
through a single application. The system is
similar to the PCT system for patents and is
administered by the same body, WIPO.
Duration of a Trade Mark
 The Berne Convention of 1886 is the
oldest international treaty governing the
The term of a trade mark in most countries is for
protection of copyright. TRIPS,
10 years, which may be renewed indefinitely for
mentioned in the section on Patents, also
subsequent 10-year terms.
has provisions for copyright, insofar as
these relate to aspects of trade.

Registration of Copyright Trade Mark Use

Typically, a trade mark is used by printing it on

here is no requirement to register a work the outside of a company’s products, on the
in order to obtain copyright protection. product packaging and in the brochure material,
to associate those products with the brand.

However, the laws of some countries do

require registration in order to have a
formal record of the work that is
protected by copyright.

Ownership of Copyright

The general rule is that the first owner in

a literary, dramatic, musical or artistic
work is the author. The copyright in
films, sound recordings, broadcasts and
published editions belongs to the film or
record producer, broadcaster or publisher
respectively.

Duration of Copyright
 Within the EU and in most of the
European region, as well as in the US,
generally the duration of copyright today
for literary, dramatic, musical and artistic
works, computer programs and databases,
begins with the date of creation by the
author and expires 70 years after his
death.
ERTY

from exploiting or abusing their intellectual creations. The more common forms of IPR
mportant role in the innovation process. Some of these rights require registration, while
d for a formal registration process.

DESIGN RIGHTS SECRET KNOW-HOW

This form of IP usually relates to a

there are two important international
systems in operation for the protection of
industrial designs: the Community Design
system and the Hague Agreement.
technology process or manufacturing
method, which is not patented either
because it does not satisfy the criteria for
patentability, or because a decision is made
not to patent it, since in order to apply for a
patent, full details of the process must be
disclosed.

Requirements of a Design Registry

 This form of secret know-how, which
forms part of a company’s key
manufacturing technology or service
should be documented and recorded safely
It must fall within the definition of a
and marked as ‘Trade Secret’ or ‘Secret &
‘design’; It must be novel (absolute
Confidential’. It should only be disclosed
worldwide novelty, similar to patent law);
to personnel in the company on a need-to-
and It must have ‘individual character’.
know basis and to other third parties only
where it is absolutely necessary and then
only under terms of a confidential or non-
disclosure agreement.

Registered Community Design

The proprietor is entitled to avail of a grace

period of 12 months from the date of first
disclosing the design publicly, in which to
file an application for a registered design.
The registered design provides protection
for an initial term of five years, and for up
to 25 years in total, upon payment of the
renewal fees for each successive five-year
period.

Unregistered Community Design

 This right is more akin to copyright
protection of a design – that is, the owner
can prevent others from copying the
design, but does not have a monopoly on
the design, which is the important
difference between this right and that for a
registered design.
 DIGITAL TRANSFORMATION IN COLO

Digital transformation is the process by which organizations change their culture and struct

Definition of the problem Causes of the proble

Some of the entrepreneurs are suspicious when us

their business, they do not like the idea of ​giving o
digital platforms.
According to the interview and the articles
With this, they do not realize that if they did, they
read, the conclusion that can be reached is
as: improving the capacity to respond to changes i
that although, most of the companies in
demands of digital consumers; increase productiv
the middle market move the economy of
processes and training staff; acquire new business
the country, few are the business leaders
of new communication channels; face competition
who recognize the relevance of making
companies; collectively collect the big data to mak
changes and digitally evolve as the key to
have a direct and effective communication with it
staying competitive.
of innovation;
easily adapt new technologies, among others, and
do use it, there are still many who refuse to chang
GITAL TRANSFORMATION IN COLOMBIAN COMPANIES
nizations change their culture and structure to execute their processes more efficiently, using technological tools.
Causes of the problem
he entrepreneurs are suspicious when using technology to manage
ness, they do not like the idea of ​giving or uploading information to
atforms.
, they do not realize that if they did, they could obtain benefits such
ving the capacity to respond to changes in the environment and the
of digital consumers; increase productivity by automating obsolete
and training staff; acquire new business opportunities by making use
ommunication channels; face competition from digital native
s; collectively collect the big data to make better informed decisions;
rect and effective communication with its customers; boost the culture
tion;
apt new technologies, among others, and although some entrepreneurs
there are still many who refuse to change.
Consequences of the problem
The companies that initiate the digital
transformation are even more profitable
than their competition and reach a higher
market value, when companies refuse to
implement the digital transformation, they
are losing the opportunity to grow, to make
themselves known, to acquire more
knowledge and customers, Likewise, it is
more difficult to keep the information
updated.
 ng technological tools.

uences of the problem

nies that initiate the digital

on are even more profitable
mpetition and reach a higher
, when companies refuse to
digital transformation, they
opportunity to grow, to make
known, to acquire more
d customers, Likewise, it is
ult to keep the information
updated.