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Associates Blog

Basic Concepts of Intellectual Property

25 de dez de 2024

2 min read

By Henryc Vasconcelos, Civil Law Intern

Supervised by Partner Thomás Cordeiro



Intellectual property is directly related to the products and processes of knowledge, both tangible and intangible. Its purpose is to provide legal protection to creations of the mind and ensure the author (individual or legal entity) the right to use them for profit.


Intellectual property and copyright are crucial aspects for law and for maintaining fair and broad competition in the market. They serve as important tools for fostering innovation and facilitating technology transfer.


The primary goal is to ensure that the inventor of a product beneficial to society can reap the rewards of their creation, including imposing sanctions on those who use it without the express authorization of the creator who produced and registered it. The Industrial Property Law (Law No. 9,279/96) governs how intellectual property applies at the national level. It covers various forms of protection, including industrial designs, patents, trademarks, and geographical indications.


It is essential to note the distinction between industrial property and copyright. While the former aims to protect goods and rights that promote social interest and technological development, the latter pertains to creative works such as books, software, music, and films, and is governed by a separate law – Law No. 9,610/1998.


In the industrial sector, the most commonly registered properties are trademarks and patents. These registrations are conducted through INPI (National Institute of Industrial Property), which is responsible for analyzing applications and issuing registration certificates, as stipulated by Brazilian legislation.


For copyright, works are registered through various organizations, depending on their nature. While registration is not a prerequisite for protecting intellectual property, it is highly advisable for the creator or holder to register their work with the appropriate authorities, especially if they intend to generate profit from it.


Conclusion


Registering intellectual property ensures legal certainty, enables economic exploitation, and protects the creator’s rights, promoting a competitive and innovative market.

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