Intellectual Property

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Intellectual property comprises a set of rights pertaining to the authors and other owners (performing artists, producers, broadcasters, etc.) of works and the benefits stemming from their creation.

Although registration of works, performances or productions is not mandatory in order to obtain the protection granted under law governing intellectual property, it is a suitable means of ensuring that protection, since it constitutes reliable proof of the existence and ownership of the registered rights.

The rights relating to works, performances and productions protected under law governing intellectual property can be registered, as can transactions and agreement for the creation, transfer, amendment or termination of in rem rights and any other circumstances, transactions or title, whether voluntary or obligatory, affecting those rights.

The persons who may apply for registration are a) the authors and other original holders of title to the intellectual property rights to their own works, performances or productions, and b) the subsequent holders of title to intellectual property rights.

As a rule, without prejudice to the conditions that must be fulfilled in special cases, registration requires submission of an application on a standard form that must state the following particulars and be accompanied by the following documents:
  1. Full name, nationality, address and any other particulars for contact, along with a photocopy of the national identity card (or other identity document in the case of foreigners) of the holder/s of the intellectual property rights, and of the applicant if they are not the holder of those rights.

    In the case of entities, they must also submit documentary proof of their legal personality and their tax identification number, as appropriate, in addition to the aforementioned particulars.

  2. The object of the intellectual property.

  3. The type of work, performance or production.

  4. The title of the work, performance or production.

  5. Where the work, performance or production has been circulated, the date of circulation.

  6. A copy of the work, performance or production.

  7. Place and date of presentation of the application.

  8. Signature of the applicant or their legal representative.

  9. Receipt, as appropriate, of payment of the corresponding fee.

In the area of Intellectual Property (copyright and ancillary rights), Cuatrecasas, Gonçalves Pereira Industrial Property offers the following services, among others:

  • Application for and processing of registration of intellectual property rights on works and productions protected by intellectual property in the corresponding registries, as well as of related documents and contracts.

  • Advice on the protection of rights, for example, by carrying out escrows with notary publics.

  • Management of rights with the corresponding rights management organizations.