Industrial Property in Venezuela is regulated by, the Autonomous Service of Intellectual Property (SAPI) body under the Ministry of production and trade, and none other than property acquired by the inventor or discoverer with the creation or discovery of any industry related product and the producer, manufacturer or merchant to the creation of special signs which it seeks to differentiate results of his work similar. Industrial property means property rights intangible assets relating to industry and trade: on one hand, those that protect the monopoly of reproduction of new products or procedures for its originality and usefulness deserve such exclusivity, otherwise, the names of the product or merchant attract and serve notice to customers. Intellectual property rights are absolute rights of exclusion or require to be validly constituted, enrollment in a special register on the property in question. Moreover, the public interest requires that the industrial property exclusive concessions are not perpetual, and it determines that the laws grant the right referred to a running time different according to different rules that discriminate against this special property and temporary. After the period of legal existence, rights expire. The shelf may be the effect of other reasons such as nonpayment of annuities or quotas, no use for a period determined by law in each case, and will, therefore, stakeholders. Industrial Property
industrial property is a set of rights that may have a natural or legal person for an invention (patent, utility model topography semiconductor products, supplementary protection certificates for drugs and pesticides), industrial design, a distinctive mark (trademark or trade name, etc.).
Provides two types of rights: first, the right to use the invention, design or distinctive mark, and secondly the right to forbid anyone else to do.
Provides two types of rights: first, the right to use the invention, design or distinctive mark, and secondly the right to forbid anyone else to do.
The right to prohibit (ban di ius) is the most important part of industrial property and allows the holder the right to seek payment of a license. It has time limits, as almost all industrial property rights have a maximum duration, and territory as only valid in the territory which have been granted (usually but not exclusively, a country). Other limits are right to prevent exhaustion of the right, which once traded with permission of the owner or having claimed compensation can not prevent resale, the experimental use and non-commercial, temporary entry into the country a means of transport registered abroad, etc.
( http://es.wikipedia.org/wiki/Propiedad_industrial )
Pat
is a title to a technological innovation, the legal protection given by a patent holder gives an inventor the exclusive right to commercially exploit the invention within the territory of the country granting the right. It also means all patent rights the law grants the inventor of an object or product (meaning the author or creator), whose main characteristic is its novelty, that is, that has not been known or served on test or practice in the State which issued the patent or abroad. Patent Types:
Of Invention: Its duration is 20 years (Article 50 of Decision 486)
Utility Model: Its duration is 10 years (art. 84, Decision 486)
Article 7: Everyone has the right to improve the invention of another, but you can not use that invention without the consent of the inventor. Nor does the inventor can use the improvement or improvements made without the consent of the author of the improvement. (Republica Bolivariana de Venezuela. Industrial Property Law, Official Gazette dated N0 25 227 December 10, 1956.)
for improvement: This patent is to protect the better that someone has been made to an invention already exists, its duration is five to ten years according to the will of the applicant, according to the Industrial Property Act
Marks
is everything that the consumer thinks when he hears the name of your company. Mark means any perceptible sign capable of distinguishing on the market, products or services produced or marketed by a person of goods or services or similar to another person. Trademarks can be registered as all signs that are capable of distinguishing goods and services in the market which are capable of graphic representation.
Article 27 (LPI): Under the commercial brand name includes any sign, picture, drawing, word or combination of words, legend or any other sign that new magazine, used by a natural person or legal entity to distinguish articles produced, those with whom they traded or your company.
Article 27 (LPI): Under the commercial brand name includes any sign, picture, drawing, word or combination of words, legend or any other sign that new magazine, used by a natural person or legal entity to distinguish articles produced, those with whom they traded or your company.
Marche are used mainly for:
- distinguish goods or services.
- display consumer business or geographical origin of products or services.
emphasize the quality of products or services. - support and facilitate marketing and advertising campaigns for products or services.
- Brand Product or Service: distinguish goods or services similar in the market.
- collective mark: is any sign which serves to distinguish the origin or any other characteristic common to goods or services belonging to different companies and use it under the control of an owner.
- Certification Mark: is one sign intended to be applied to goods or services whose quality or other characteristics have been certified by the trademark holder.
- Mixed Marks: are those that are composed of a combination of figurative and verbal.
- figurative mark (logos): are those that are composed of word Ășnicos.Marcas designs: those which are integrated by the name of letters or words
Libert ad industry and commerce Its purpose is individual protection and safeguarding creation of access and dissemination of technology, the right to invest and production, every citizen has the right to participation and access to technological and cultural knowledge through information services in accordance with industrial property laws.
Act
pr otection to competition means free competition, that activity which conditions exist for any subject, whether a bidder or applicant has complete freedom to enter or exit the market, and who are within the no possibility, either individually or in collusion with others, to impose any condition in terms of trade.
the Autonomous Service of Intellectual Property (SAPI) body under the Ministry of Production and Trade, was created under Presidential Decree No. 1768, March 25, 1997 , published in the Official Gazette of the Republic of Venezuela No. 36,192 dated April 24, 1997, comes into operation the first of May 1998 by ministerial order of April 7, 1998 and was published in the Official Gazette No. 36,433 of April 15, 1998.
The creation of the SAPI to unite under a single organization of industrial property and copyright. This feature made it possible to expedite and streamline the registration, protection and dissemination of creations of human intellect under the various schemes currently operating in the Venezuelan system of intellectual property. The transformation of the organizational structure of national intellectual property system has been designed in response to dynamic changes in the environment and the emergence of new structures and economic and trade patterns.
Mission SAPI
excellence provide specialized services for the strategic use of Intellectual Property, which contribute to the cultural, economic and social sustainable manner
SAPI Objectives
- Create a public register of traders and business.
- Develop a permanent business census. Da
- value to almost all material goods and services we use.
- Promotes intellectual property system as part of the socio - economic and sostenible.Coordina with his ministry (MPC) implementation of policies.
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