Regimen Legal De La Propiedad Intelectual

Why is it necessary to protect intellectual property? The Law protects the rights of authors, performers, publishers, producers and broadcasting organizations in respect of their literary© or artistic works in all their manifestations, performances, editions, phonograms or videograms, broadcasts and other intellectual property rights. Intellectual©property is protected by industrial property and copyright. The law expressly excludes legal and regulatory provisions, their corresponding drafts, court decisions, acts, agreements, consultations and opinions of public bodies, as well as official translations of all. What are the exploitation rights? In addition to the recognition of authors, intellectual property rights grant the corresponding economic remuneration for the realization of their works and services. It is also an incentive to create and invest in works and services that benefit society as a whole. Trade secrets are intellectual property rights in confidential information that may be sold or licensed. The unauthorised acquisition, use or disclosure of such secret information in a manner contrary to the honest business practices of other persons shall be considered an unfair practice and a violation of the protection of trade secrets. The owner of the intellectual property may grant to others the use of that intellectual property through contracts or agreements. The formalities of these contracts are regulated both in the protection of industrial property and in the Copyright Act and, depending on whether it is industrial property or copyright, one or the other law is complied with. and its subsequent amendment: Intellectual Property, Law 25036, which amends Articles 1, 4, 9 and 57 and incorporates Article 55 bis into Law 11723. It was assented to on 14 October 1998 and promulgated in November of the same year. What is intellectual property? It is the set of copyrights, personal (moral) and economic (economic) corresponding to the authors on the works of their creation.

At present, the State of our country is showing greater interest in the promotion and promotion of inventive activity, the dissemination of intellectual property rights, the advantages and legal certainty that intellectual property offers to the various productive sectors and economic competition, as well as to©satisfy the interests and needs of consumers. Legally recognized and protected works are those belonging to the industries: literary, musical, dramatic, dance, image, sculpture, caricature, architecture, cinematography, radio and television, computer programs, photography, art, including graphics and ±textiles, and compilation works such as encyclopedias and databases, as long as their content constitutes an intellectual creation. Intellectual property protects original literary, artistic or scientific creations expressed on any medium, such as books, writings, musical compositions, dramatic works, choreographies, audiovisual works, sculptures, pictorial works, plans, models, maps, photographs, computer programs and databases. It also protects artistic performances, phonograms, audiovisual recordings and broadcasts. Ideas, procedures, surgical methods or mathematical concepts themselves are excluded, but not their expression. Also excluded are laws or regulations, corresponding drafts, court decisions and acts of public bodies, as well as translations of these texts. The Industrial Property Law, the international treaties to which Mexico©is a party and their administrative application correspond to the Federal Executive through the Mexican Institute of Industrial Property (IMPI) are applicable in industrial property matters. In other countries and for WIPO (World Intellectual Property Organization), the term “intellectual property” includes both industrial property rights (trademarks, patents, designs, appellations of origin) and intellectual property rights (copyright and related rights). In our Argentine Republic, intellectual property is regulated by Law 11.723, promulgated on September 28, 1933. Technological measures may be defined as instruments intended to prevent or restrict the user of works or other subject-matter who does not have the appropriate authorisation, reproduction, communication to the public, etc. Technological measures that cannot prevent users of exploitation rights from doing so benefit from some of the restrictions imposed on exploitation rights.

These restrictions, imposed for social, cultural, national security reasons, etc., allow users to use the rights of reproduction, communication, distribution, etc. in certain cases without needing the appropriate permission of their respective owners. Since the application of technological measures could, in practice, distort some of the restrictions imposed on the exploitation rights of IPR holders, it was necessary to provide that they would empower the beneficiaries of such restrictions to benefit from them.