Because there are different protection modalities and it is imperative to evaluate their importance and their suitability in order to obtain the most adequate protection with the minimum cost.
The first step to stop an infringement is to seek an out-of-court settlement with the help of a professional. The following step is court litigation, normally by means of a civil action.
It is a system that protects the right of an author over his/her original work (literary, artistic or scientific). This right belongs to the author from the very moment of its creation, and therefore the author is fully entitled to exploit the work exclusively. Registering the work at the Copyright Register or making a notarial deposit is highly recommended in order to have a proof of authorship.
Computer programs are generally protected by copyright. However, when software is associated to a technical process, this process can be protected by a patent.
The © symbol can be used with no need for prior registration. It means that the author of a work reserves the exclusive right to exploit his/her creation. It must be followed by the name of the rights holder, also including the place and year of disclosure.
A domain is an identification name on the Internet, on a website or the identification of an e-mail address that includes our name or trademark. There are country codes (.es, .eu, .fr…) and generic domains (.com, .net, .cat…).
Only in the case of some territorial domains.
It is possible to recover a domain provided the necessary measures are taken. Likewise, the implication of different jurisdictions and administrative authorities with competence over this issue requires a particular study of each case. Our Legal Department will inform you about the different procedures for recovering your domain.
Registering an invention or a distinctive sign grants the owner an exclusive right for the manufacture and commercialization of a product, machine, procedure or distinctive sign.
In the case of inventions, this exclusive right permits to recover the company’s investments in R+D.
The exclusive right can be transferred to obtain an economic profit.
The ® symbol is used to identify registered trademarks. This symbol should only be used after registration. Its use is not mandatory at all, but can be useful to inform third parties that there are exclusive rights over that sign.
It is a sign used to distinguish certain products or services on the market. Trademarks or trade names also form part of a company’s property and many times become its most important asset.
First of all, it is highly advisable to do a trademark search in order to discard any other identical or similar sign. If the report is favourable, the application can be filed.
The protection granted by a trademark is always limited to a territory, that is, to a specific country. If the company plans to expand its activities abroad, it will be recommendable to protect its trademarks not only in the country of origin, but also in other states where a business activity is expected.
The technical characteristics of any device, procedure or product that is new, involves an inventive step and has industrial applicability.
Utility models have a legal life of 10 years whereas patents are valid for 20 years. Utility models only need to be new in Spain, while patents must have worldwide novelty. The inventive step required from a utility model is lower.
Yes. Assigning the priority right of a Spanish patent application is specially indicated for those cases where an economic compensation is sought and when the patent owner is not interested in filing foreign applications based in said patent.
It protects the new and peculiar shape of an object.
Industrial drawings and industrial models were the names given to designs under the former Industrial Property Statute in Spain. Industrial drawings protected two-dimensional, industrial models three-dimensional forms. Current industrial designs protect both modalities.
Industrial designs protect the shape of a product whereas patents protect technical characteristics.
It is a patent application ruled by the European Patent Convention. It is economically worth it when the applicant is interested in more than five European states.
It is a unified patent grant procedure for the member states of this treaty.
The Paris Convention states that a patent, design or trademark owner can benefit from a time period during which the owner shall have priority over any other person or company in order to file a patent, trademark or design application abroad by keeping at the same time the original application date. The priority term is 12 months for patents and utility models and 6 months for industrial designs and trademarks.
It is a trademark applied for under the Madrid Agreement and the Madrid Protocol. International trademark applications are filed with the World Intellectual Property Organization in Geneva (WIPO). All or part of the countries included in said Agreement and its Protocol can be designated. The designated states examine the application and may refuse protection in their territory.
During the legal term of an international trademark, its scope of protection may be extended to the rest of states by filing a request with the World Intellectual Property Organization.
It is a single trademark registration valid for the whole territory of the EU. Among its advantages, it is a more simplified registration procedure and permits to take legal measures to defend the trademark in the whole community territory. It is the most adequate option when protection is sought in more than two member states.
It is a registration that grants an exclusive right within the EU. It is filed with the EUIPO (European Union Intellectual Property Office), based in Alicante. It is economically worth it when the applicant is interested in having protection in more than two member states.
Asking for a user name and a password to their contact person at PONTI in order to access to the PontiNET section in this website. After introducing the user name and the password, they will find all the information related to their files. This information is strictly confidential and will only be accessible to authorized persons.