Yes, but only exploitation rights. Moral rights are not transferable.
-Individual: the author’s life, plus seventy years following death. It is calculated from 1 January of the year following death. -Legal entity: seventy years, calculated from the work’s disclosure date.
The condition of author is held by the individual who creates the artistic, literary or scientific work, although legal entities may benefit from the protection granted by the law, in those cases expressly provided for therein (collective works).
It protects intellectual creations in the form of literary, artistic and scientific works, including: books (this section includes any internal manual or protocol which the company may develop irrespective of the subject), training courses, leaflets, architectural works, musical compositions, audiovisual works, multimedia works, databases, computer programmes, websites, photographs, sculptures, paintings and drawings, plans, projects, models etc. In this regard, the ideas are not protected but the manner in which they are materialised.
A work includes all original literary, artistic or scientific creations expressed by any means or support, tangible or intangible, currently known or to be invented in the future (computer programmes are also included and were assimilated to literary works).
In order to apply for international registration of the designation of origin, the company must previously have the designation protected in its own country. It is not a designation of origin which can be registered all over the world, but only in the countries which are signatories of the Lisbon Agreement. One application can obtain designation in all the countries.
The application for registration can only be filed by a group of producers or processors (Regulatory Council), or exceptionally, by an individual or legal entity. In the case of designations for a cross-border geographical area, several groups may file a joint application.
Designations of origin for food products can be protected both on an international and a community level.
A Protected Geographical Indication (PGI) is the name of a region, or a specific place or, in exceptional cases, a country, which serves to designate a farming or food product: -which comes from that region, specific place or country, -which possesses a specific quality, reputation or other characteristics which can be attributed to the aforementioned geographical origin, and -whose production, processing and preparation are carried out within the determined geographical area.
A Protected Designation of Origin (PDO) is the name of a region, or a specific place or, in exceptional cases, a country, which serves to designate a farming or food product: – which comes from that region, specific place or country, – whose quality or characteristics are essentially or exclusively attributable to the geographical environment with its natural and human factors, and – whose production, processing and preparation are carried out within the determined geographical area.
We use the term “clandestine seed” when farmers use the harvest of protected varieties to reproduce them for commercial purposes without paying royalties to the holder.
In addition to piracy of compact disc (CDs), there is another type of piracy which is less known and which involves using the material from protected varieties without the consent of the holder. This type of infringement is especially serious in the case of seeds, as there is a large amount of fraud occurring at this moment.
The law also regulates the so-called “farmers’ exemption” and defines it as follows: Small farmers are determined based on the following characteristics of the species which they produce: – When referring to fodder species, cereals, oil and fibre plants, farmers who grow plants in an area no greater than that necessary to produce 92 tonnes of cereals per harvest, irrespective of the area in which they grow other plants. – When referring to potatoes, farmers who grow plants in an area no greater than that necessary to produce 185 tonnes of potatoes per harvest, irrespective of the area in which they grow other plants. – When referring to horticultural species, farmers who grow on areas which meet the appropriate criteria comparable with those provided for in the above paragraphs. These farmers are authorised to use a protected variety which is not a hybrid on their farms and for their own use. Small farmers are not obliged to pay the holder. Others are obliged to pay, although this quantity will be lower than that charged for production under an operating licence.
The technical test includes all field and laboratory work, and its aim is to corroborate that the material of the variety is distinct, stable and uniform in comparison with other varieties from the reference collection. The aim of the tests is to: -Verify that the variety belongs to the described botanic taxon. -Determine that it is distinct, uniform and stable. -Establish an official description of the variety.
As a general rule for 25 years, and 30 years for wine and tree varieties.
Plant varieties are a type of Industrial Property (breeder right) aimed at protecting plant inventions by recognising the rights of breeders of new plant varieties.
A trade secret can be transferred, or a third party can be authorised to use it, through a licence or transfer agreement.
Patent protection is acquired through a legal process. The exclusive right for exploitation for patents is 20 years and for utility models it is 10 years. It makes it possible to prevent third parties using the patent commercially. It is an exclusive right, the holder can defend the patent against any infringement. Trade secrets do not require legal procedures; it is enough to adopt measures to avoid their disclosure. Protection lasts for an unlimited period of time, providing the necessary means are applied so as to prevent disclosure of the secret. Its protection does not confer the right to prevent use by third parties. It is more difficult to keep and defend an industrial secret, as it is not granted as an exclusive right.
What are the differences between industrial secrets technical knowledge and know-how?
An industrial secret is any technical knowledge relating to ideas, products or industrial procedures which, because of its competitive value for the company, the business person wishes to keep concealed.