Intellectual Property Historcia Review
Introduction
It is undeniable that the law always goes hand in hand with the development of humanity, which is why over the years this is constantly updated to be according to the needs of society. The right deserves to be innovated so that it can be applied. It cannot be seen from far from the transformation suffered by humanity with the appearance of new activities and in the technological field, it needs to be an active entity.
Intellectual property rights know what we mean, because for the protection of rights derived from intellectual property, true changes in society. Intellectual property refers to all those creations of the mind, then they are rights from which the holder or inventor benefits are those that the law currently protects and regulates, in Ecuador the law in charge of said regulation is the Organic Code of the Organic Code of theSocial Economy of Knowledge, the National Intellectual Rights Service (Senadi) is responsible for the processes related to the registration of brands, protection of copyright and patents, among many more functions.
Developing.
Today the authors, inventors, have been harmed by the appearance of new technologies that have managed to facilitate the dissemination of works, without them as holders being able to receive some type of benefit for such diffusion, then technology has become a weapon ofDouble edge, because it is essential for an inventor, creator or author to make known its creation, but this can also be disseminated or even plagiarized without its consent, and with an almost zero possibility so that it can face the situation.
In this essay we will take a tour of the history of copyright with the beginnings of the notion of intellectual property rights, until they were recognized in important international instruments as in the Bern agreement. It is also essential to know how the recognition of immaterial rights in Latin America have evolved.
Likewise, it will be necessary to ask us several questions in terms of whether the protection of these rights must be extended with a new regulation for the appearance of new technologies. In the following test, the method to be used will be the deductive, because we will start from general premises regarding the history of intellectual property to know how in Ecuador there has been recognition of rights accentuating the path that still has the country still hasIntellectual Property.
We will start with the history of copyright. The creations of the mind are found in society from their first steps. Both in Greece and in Rome, cribs of knowledge, there is no recognition within the legislation of these rights despite the fact that several doctrinals attribute to the injuriarum act with respect to the dissemination of the work and the actio furti that defended the property of the property of the property of theWritten in itself, not to work, this is why it is known that there was no recognition of intellectual property rights in Rome.
At that time there were great publishers that published the works that the authors yielded, so they received no benefit, in case the author decided to sell his writing, any type of right on this could, according to the DR, according to the DR. Fernando Miró Linares (2007) in the Middle Ages, because of the power exerted by the Church, the author did not maintain any type of law over his work since he belonged to the community. With the subsequent appearance of universities, the culture of making copies of the specimens returns, as happened in Rome.
On the other hand, there is no relationship between the author and the editor due to the influence of the same university. In the Renaissance an extraordinary step occurred for the recognition of copyright, the invention of the mobile printing press. The printing industry had its greatest flourish.
The rulers decide to control the content of what was disseminated for their own benefit, in this way the form of real licenses is born so that the works do not have any political dye. Then there will be a series of regulations for the printing of works. Two European systems stand out when dealing with the recognition of copyright, in England through copyright established by means. While in France the recognition at first is given by means of two privileges one to the editor and another to the same author as exclusive and permanent right.
The real recognition will be given in 1789, two decrees will be promulgated where they recognized more complete rights to the author. To establish the importance of intellectual property rights, the compression of this type of rights was then given as the author’s property for its creation. Regarding the internationalization of intellectual property rights, the beginning of the process is because states wanted their authors to have protection of their works even outside their borders.
The protection of copyright saw the light for international protection through the creation of the project by the International Literary and Artistic Association, which would result in September 1886, to the Berna Agreement “International Union for the Protection of WorksLiterary and artistic. However, it was necessary to search for an agreement that can establish homogeneity in the English system and the French system creating the Universal Copyright Convention, in September 1952. Subsequently in 1967 the World Intellectual Property Organization would be created.
The above regarding the historical process that occurred in Europe, we will now point out the process that Latin America lived. Once the Latin American nations became independent of the Spanish crown, with the promulgation of their constitutions several countries recognized certain copyright, while others only complied with what was established by Andrés Bello in that these rights will be collected in a special law. Several states opted for the American model, but in the end they decided to adopt the French model, as was the case of Peru and Chile.
Venezuela complied with copyright since 1830, Colombia in 1858 expressly recognized copyright. Brazil granted rights until the end of the 19th century. Subsequently, the protection of copyright outside their territory would be necessary. We see that in history Ecuador has almost not been appointed, in the country a specific regulation for the issue has been created since the end of the 70s with the copyright law, continuing would be given a more series of regulations such as regulation aThe copyright law.
Subsequently, it would be created in the year of 1998, the known as Intellectual Property Law, thus without effect without effect. Currently, in the field of intellectual property rights in Ecuador, the Organic Code of the Social Economy of Knowledge (COESC) published on December 09, 2016 is applied. To assume the dichotomy that intellectual property rights entail about understanding these rights as a form of expansion of culture or very much as a form of property for capitalism.
The author Felipe Figueroa Zimermann, exposes an interesting vision of this problem through three referents in the United States legislation, so Lawrence Lessig, Neil Netanel and James Boyle, criticize the system of increased copyrightIf this increase in fact is harmful to the cultural production of that country, the authors are completely against focusing copyright on a purely economic objective.
conclusion.
Intellectual property rights needed from the passFruit of his mind, since despite a slight notion of the bond that linked the author with his work, he was not very noticeable.
It was a long path, but I would think that necessary, there was no opportunity to conclude the copyright of one night, in fact, as many areas of law were almost mandatory in the course of time to begive that way. Today there are many forms of protection for the authors, however, that first approach of the author Dr is completely valid. We need then according to my reasoning a form of protection of more rigorous intellectual property rights, it is prevailing that the law be attributed to this new form of violation of the rights born to the creations of the mind.
An aspect that I see important to conclude is that the process of recognition of intellectual property rights in Latin America was not as slow as it would be thought, because although in Spain privileges were already promulgated for the impression of works, the countries of South America had to achieveIts independence to start traveling the path of intellectual property rights, as well as comparing this process with the little information that we can find about Ecuador, despite finding ourselves in the same continent, Ecuador had a process much further from theother Latin countries, so there is still a long way to go in this area, especially to increase the culture of invention.
recommendations
I recommend all of us who choose to use the network as a way to find information quickly, that if there is any way to recognize the right of the author of the work that has served us for our purposes, we do it, plagiarism should never be aRoad, the works merit of effort and nobody must see their right to be recognized as the author of a work violated.
There are currently thousands of online programs to quote and reference it is much simpler, you have to take the advances in technology as a form of support, not to increase the minimum effort when any work is needed, not for nothing are recognized theIntellectual Property Rights within Ecuadorian and International Regulations.
Bibliography
- Cerda Silva, to. J. (2016). Historical evolution of copyright in Latin America * History of Copyright in Latin America. 19–57.
- Figueroa Zimmermann, F. (2017). Author and democracy in the philosophy of Kant and Hegel’s right. Chilean Journal of Law and Technology, 6 (1), 1–31.
- Looked llinares, f. (2007). The future of intellectual property since its past: the history of copyright and its future before the Internet Revolution. Social and Legal Magazine, 2, 103–155.
- Senadi. (2011). Malware cover -up with the reliable platform module. In copyright (intellectual property) in relation to the Organic Law of Communication and the Organic Law of Market Power Control. (p. 395–410).
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