Meaning of intellectual and industrial property
Intellectual property is usually related to what creations of the mind is, it is something that includes inventions as well as symbols, images or names used in the trade area;which is divided under two aspects, which become industrial property and copyright. That is why the present informative work intends, to describe that it consists of the prohibitions of the brand registration, and the rights that are conferred when registering a trademark.
The registration of a brand is indispensable by the fact that its function is that, it serves to be able to require and request it as a property of the company and offer its owners what is the protection of their rights in case of what plagiarism is.
In the case of brand law, it could be defined as a distinctive figure with an exclusive use of the brand, this is what guarantees what its property and its only use is, in that way it can prohibit third parties, that it cannot useIt is the registered trademark without the consent of the holder. Speaking of what a brand is within what become a legal body, it regulates the protection of what are industrial property rights, which becomes a tool of utmost importance for the representatives of trade.
However, as we know industrial property are a group of provisions with the objective of providing protection to creations that have application in the field of industry such as commerce, it is for them that in order to fulfill their function, the Industrial Property LawIn Honduras I create an article specifically on 83 with 18 prohibitions which make mention and consist of what circumstances, things or elements cannot be registered as brands. As some examples where there could be a limitation for registration of any brand or article are:
- Contain signs, palaras or expressions that have a position to ridicule people, either by their religion, countries, national symbols or their international entities.
- Contain a sense contrary to what public order and morals.
- Those who induce the public for error by the fact that they are identical or resemble.
- Without due authorization of the State, brands cannot reproduce or issue official control or guarantees signs adopted by a public state or entity.
- Those who deceive commercial or the same public about what become the origin, manufacturing, nature, skills for employment and consumption, qualities, the quantity or any characteristic of the products or services in question.
Just as these there are many more prohibitions not to be able to register a brand, that is why it can be noted is not a simple process since it should be taken not to violate these details.
The registration of a trademark in Honduras in accordance with what is the Industrial Property Law confers rights which are:
- Prevent the fact that others use the same brand for equals or similar products or services.
- Prevent the manufacture, import, export, commercialization as well as advertising of the brand for unauthorized use..
- Authorization may be given for license to its use.
In conclusion of this research work we can say that having industrial property contributes a lotstrong with respect to possible competitors for being a tool for differentiation and exclusive use.
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