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  • Writer's pictureEmmanuel Arenas Urrea

Are you an inventor, author, or plant breeder?

Intellectual property covers the following titles in the legislative framework:

  • Copyrights

  • Related Rights

  • Patents

  • Industrial Drawings

  • Brands

The rights characteristic of each particular intellectual property title depends on international treaties such as the Berne Convention (Copyright), Rome Convention (Related Rights), Paris Convention (Industrial Property), Trade-Related Intellectual Property Rights Agreements (TRIPS), among others.

In general, the creators of intellectual property may (or may not) acquire rights as a result of their creation, and the rights acquired may be assigned or licensed to third parties where exclusive rights are conferred that grant the owner the permission to use his work and prevent third parties from making use of them as long as the interests and rights that by law belong to others are respected.

Each classification has a specific name for the person who created the intellectual property asset to which the rights of recognition as a creator and the previously mentioned rights are attributed.

In the case of creators of literary, artistic, and scientific works, they are called authors; of interpretations, performances, and radio broadcasting, they are called interpreters; of inventions, drawings, industrial models, and trademarks; inventors.

Due to technological progress in the fields of biotechnology and genetics, intellectual property has been molded into a more specialized legal figure. Plant protections are subject to the UPOV Convention, and like other titles, the creator of a plant variety is called the breeder.

From here comes the relevance of knowing the classification of the creation made by a person in order to provide the most appropriate form of protection for the characteristics of the work, invention, interpretation, etc.

Knowing all this, what would be the most appropriate classification for a computer program (software)?

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