Protection Of Intellectual Property Rights

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Protection of intellectual property rights

Introduction.

The industrial revolution favored the improvement of capitalism seen as a new form of political and social structure together with the economic increase of industrial powers. The new factories that appeared around this new movement served as the main and transformative idea of ​​economic and social structures. 

From then on, the market and services market has been developed that has not stopped growing until today, also constituted a very important technological advance because new machines have been created that have gradually replaced labor at the labor. The appearance of great inventions such as the printing press facilitated the reproduction of numerous texts that at that time had taken years to know the environment because, a great skill of the notaries was required to copy the original content of important manuscripts. 

This invention not only led to the information expanded from one country to another, but also unprotected, so to speak, the author who made said joke, making him susceptible to losses and modifications of his original work. With the so -called Second Industrial Revolution, in which more innovative machines and inventions were developed that are still used in contemporary society, such as the telephone, the radio and subsequently the television contributed to the fact that the information spread like the wind. 

Hence, literary works or industrial products acquire a greater commercial value than in previous times. The right on the other hand being a science that is at the service of humanity that therefore changes together with society has had to modernize and think beyond the personal and real rights that existed a few decades ago. Fame and economic production are factors that lead to innovation about laws that can limit their use and reproduction.

Changes in economic and cultural structures generate that the property on literary works, technological processes, industrial products are framed within a process of globalization of the world economy and where precisely the right will play a fundamental role by putting the rules of the game through laws and agreements on the rights that inventors have on their "contemporary works of art"

The present essay aims. Positions will also be addressed about the different conceptions given to intellectual property rights, as well as that involves and what is the importance of protecting this type of rights that have been the subject of discussion in recent decades. The method used for the elaboration of this essay is the analytical because positions from different authors will be purchased to reach their own conclusions that allow to build their own ideas about knowledge.

Historical history of intellectual property

The concept of intellectual property is present in society since people have externalized their ideas in things. It can be considered as the origin of the marks the signs or stamps were stamped on the corks of bottles of wine or oils in order to gain fame among merchants and consumers.

The first documented dispute on copyright dates from 561 to.C. When the authorship of an Irish manuscript containing a vulgate of the Psalms made by San Columbia. Irish king Diarmait Mac Cerbhaill solved the case saying the phrase “Each cow belongs to his breeding; Therefore, your copy belongs to each book ".

The invention of the printing press in the fifteenth century facilitated the reproduction and marketing of literary works without any restrictions, so that there was no guarantee for the author of the work. Thus, the legal origin of copyright dates back to Copyright Bill incorporated into the statute of Queen Ana of England in the 18th century whose purpose was to establish that the owner of the rights of a work is his own author.

Another example of an incipient intellectual property right dates back to 1478 when Queen Elizabeth I of Castile granted a privilege of invention to Pedro Azlor, on a new method of grain grinding. In the case of the American continent, the first patent laws were introduced to the colonies and the United States in 1641.

After the French Revolution, privileges are repealed and there is talk of rights on the property of the invention, but it is in 1791 that the Patent Law is issued, considered the first law on this subject in the world, which in turn had A great influence in European countries. Two years later, a law was approved that enabled authors, artists and composers to claim the exclusivity of their works, as well as the sale and commercialization of the same. The patent to the machine improvements originated with the industrial revolution when the improvements to the steam machine invented by James Watt in 1796 were disputed in 1796. 

Conclusions.

In the international arena, intellectual property rights begin to protect with the Paris Agreement of 1883 that is mainly used for the protection of industrial property rights such as inventions, brands, patents, industrial designs, commercial names, they are They deal with unfair competition issues.

Berna Agreement of 1886 that revolved around the literary and artistic works published for the first time, the duration of which a work will be protected in the country of origin and non -conditioning to formalities of the right of protection to these works. Likewise, it provides moral rights in order for the author of the work to oppose modifications that are detrimental to the honor of author.

The Agreements of Paris and Berna with modified in some articles by the Berlin (1908), Rome (1928) and Brussels (1948) agreements in matters that had to do with the public domain of information and translations. The agreement held in Stockholm in 1967 was the instrument established by the World Intellectual Property Organization whose main objective is the protection of intellectual property rights worldwide. Ecuador is part of the WIPO in 1988. In 1980, international patent offices such as the World Intellectual Property Office and the World Patent Office are implemented.

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