Understanding SENAPI and Intellectual Property
Understanding SENAPI and Intellectual Property
1. WHAT IS SENAPI?
It is the only institution in the country that is responsible for the management of the regime.
Intellectual Property refers to any creation of the human intellect. Intellectual property
it has to do with the creations of the mind: inventions, literary and artistic works, as well as
symbols names e images used in the trade.
Intellectual Property is a very broad and complex field that is divided into two main areas:
Industrial property: this is divided into trademark unit and patent unit.
Copyright: it involves the registration of works by authors, musical, literary,
cinematic, software.
A brand is any sign that is capable of distinguishing products or services in the market.
they can register as trademarks the signs capable of graphic representation composed of
drawings, emblems, monograms, engravings, word combinations, packaging, figures,
symbols graphics, letters, forms three-dimensional etc.
A trademark not only allows for the identification of goods or services but also
represents the prestige of its manufacturers. Brands are divided into:
Trade name: Word or set of words that identify the product, company or
service offered.
Figurative mark: Drawings that differentiate and identify the product, company, or service offered.
the products at first glance.
Mixed brand: They are those that have a combination of letters and drawings, positioning the
brand in the market.
Three-dimensional mark: That are distinguished by the peculiar shape of a container or wrapper.
Sound mark: A set of chords or characteristic sound that distinguishes a
company, a product or a service offered.
Collective brand: A graphic representation sign that distinguishes and identifies all the
products or services that a group of people who market a
same product on the market.
2.1.2 Patents
The Patent is a right granted by the State through its Competent National Office, by the
which grants the inventor the right to prevent any third party without their permission for a limited time
consent to commercially exploit the product or procedure subject to the patent
There are 4 types of patent protection:
Patents of Invention.
Utility Model Patents.
Industrial Design.
Circuit Design Schematics.
Literary Works
Musical Works
Cinematic works
Artistic Works
Projects
Software
3. REGISTRATION REQUIREMENTS: INDUSTRIAL PROPERTY
Requirements Distinctive Signs
Requirements for Invention Patents and New Technologies
Utility Model Requirements
Industrial Design Requirements
Integrated Circuit Requirements
Application for distinctive signs, trademarks
1. Distinctive signs form pi-100, which is filled out online via the internet.
(see the distinctive sign registration application form page) one
Once the data is saved, three copies of the first page must be printed.
Pages 3-6 are printed double-sided in a single copy. In case
that the brand to be registered has a figurative sign or logo must
attach the logo image in the following format: image of
size 4x4 cm, file type jpg and RGB format, for printing
together with the colored form.
2. Necessary powers, in the case of being a sole proprietorship a photocopy of the ID.
In case of requesting a figurative or mixed sign, place the respective design in the
space reserved for this on page 1 (in all three copies) and accompany
three copies of 4x4 cm of the same in an envelope and electronic format.
Deposit slips for the established fees in original and photocopy to the
following accounts:
following the same order, in a binder with the name of the requested sign, the
class, the name of the applicant, attorney, or agent on the cover.
Geographically defined area for the production, extraction, or processing of the product
which is designated by the appellation of origin.
Geographic area defined on an official map.
A descriptive memory of the qualities, reputation, or other characteristics
essentials of products designated by the designation of origin.
The indication of the conditions and the way the designation of origin must
to be used.
First Part
Patent of Invention
Utility Model
Esquema de Trazado de Circuitos Integrados
The patent must be clear and concise and supported by the description.
Drawings: If the case existed.
Summary: It consists of a synthesis of the technical dissemination contained in
the patent application.
3. Payment receipts for the fees established in SENAPI.
4. Memorial or letter of request.
5. Priority if it exists. Its translation if it is in another language.
6. In case of representation, necessary powers of attorney in original or copy
legalized.
7. Assignment of Rights (If applicable).
Second Part
4. Request Memorial.
5. The electronic format, where the graphs are.
6. Priority if it exists. Its translation if it is found in another language.
7. In case of representation, necessary powers in original or copy
legalized.
[Link] of Rights (If applicable).
First Part
Memorial or Request addressed to the National Director of Intellectual Property,
signed by the applicant or their representative.
Application form for an Invention Patent consisting of 4 pages
that must be printed on letter-size paper, on both sides,
Taking into account the following: Pages 1 and 2 should be printed on 3.
copies, fill in both pages by typewriter or computer - The pages
3 and 4 must be printed in a copy
A copy or drawing (graphic representation) of the layout scheme and,
when the integrated circuit has been commercially exploited, a
sample of that integrated circuit (in electronic format).
If applicable, a statement indicating the date of the first exploitation.
integrated circuit commercial anywhere in the world.
If applicable, a statement indicating the year of the circuit's creation
integrated.
A description that defines the electronic function that must be performed by the
integrated circuit that incorporates the routing scheme (in format
electronic.)
Copy of any registration application or other title of protection that may have been submitted
Second Part
EXAM REQUIREMENTS
The requirements to apply for competitive exams are as follows:
NOTE: Present everything in a binder, noting the conflicting brands on the cover.
and the publication number, needing to perform the pagination at the bottom
right of the sheets. Consult article 56. (Claim) of the regulation of
internal procedure of industrial property and compliance of the National Service
of Intellectual Property (SENAPI) RA 08/2008 of 11/02/08
Specific Requirements
In the case of literary works, attach two copies of the work to be registered.
If you want to register musical works, you must attach: score, tablature
cipher or chords, lyrics of the song (if applicable), the song on a CD with
HARDCOVER and in mp3 format. For processing, 10 songs are registered or
compositions.
If it is a dramatic work, a CD with the play must be attached.
The choreographic works, pantomimes, drawings, paintings, and others, attach.
photographs from all angles.
The phonograms must be accompanied by a copy of the phonogram on CD, the
deed of assignment of copyright to the producer, NIT if it is a
legal entity.
Las obras cinematográficas deben incluir la obra en CD y el guion.
Computer programs (Software) must include a copy
executable of the program as well as a description of it.
The following payments must be attached, according to the requested registration procedure:
4. REGISTRATION FORMS
THERE ARE 2 CATEGORIES OF APPLICATION FORMS IN SENAPI
APPLICATION FORMS: INDUSTRIAL PROPERTY
PI-100 Application for Trademark Registration
Background search form for distinctive signs. PI-101 Request for
registro de nombre comercial, rotulo comercial, enseña
PI-102 Application for Trademark Registration
PI-103 Request for Registration Modification
PI-104 Application for Registration Renewal
PI-105 Opposition Request for Patent Registration of Invention
Utility Model Patent Registration Request
Request for Industrial Design Registration
Integrated Circuits Registration Request
Patent Search Form
BRAND RENEWAL
WHAT IS IT?
It is an administrative procedure that must be requested by the user who already possesses
WHEN IS IT REQUESTED?
In the 6 months leading up to the expiration date of the concession
Record, or 6 months later as
grace period; if after this period the user does not request the renewal, the
the brand would expire.
NAME CHANGE
WHAT IS IT?
Allows the update of data for a registered trademark, protecting it.
against the misuse of third parties.
WHEN IS IT REQUESTED?
It must be requested when the trademark undergoes any change in its
denomination, for example: Coca Cola
Company can change to Coca Cola Inc.
CHANGE OF ADDRESS
What is it?
The holder of a trademark changes address, rendering the address worthless.
previous at the time you requested
the trademark registration.
WHEN IS IT REQUESTED?
The user must carry out a Change of Address procedure to update the
records about the registered brand or distinctive sign.
FUSION
What is it?
The merger process consists of the union of two companies or two representatives of
brands that decide to create a new label from the combination of both.
WHEN IS IT REQUESTED?
It must be requested after the consolidation of this union for the purposes of
update of registered trademarks.
TRANSFER
WHAT IS IT?
Sale of the ownership rights and exclusivity carried out by the holder of a brand
granted in favor of a new person who will be listed as the new owner and
owner of a brand.
WHEN IS IT REQUESTED?
It must be requested after the sale of the registered trademark of this union for
purposes of updating the data of the new owner of the registered trademark.
LICENSE OF USE
WHAT IS IT?
Authorization granted by the trademark holder in favor of a third party
to use the registered trademark for a stipulated time without losing the right
owner.
WHEN IS IT REQUESTED?
After agreeing on the terms between the titleholder and the third party, to update
the trademark data.
5.1 SERVICES AND RATES / INTELLECTUAL PROPERTY RATES
COST OF
COST OF
REGISTRATION FOR
REGISTRATION FOR
COMPANIES AND/OR
GENERALS COMPANIES AND/OR
PERSONAS
PERSONAS
FOREIGNERS
NATIONALS (BS.)
(BS.)
UNARCHIVE 100 50
NOTIFICATION 50 50
100
REGISTRATION OF BROCHURES AND OTHER WORKS 50
100
REGISTRATION OF CONTRACTS AND OTHER ACTS 50
AUTHORIZATION OF OPERATION OF
1000
Collective Societies
COPYRIGHT CERTIFICATIONS 50 50
MINUTE OF CONCILIATION 50 50
INDUSTRIAL PROPERTY
RECOURSES OF APPEAL 50 50
Distinctive Signs
400
CANCELLATION OF TRADEMARK REGISTRATION 200
RECOGNITION OF PROTECTION OF
DENOMINATION OF ORIGIN FOR COUNTRIES
1000 BS.
MEMBERS OF THE CAN
RECOGNITION OF PROTECTION OF
2000 BS.
DENOMINATION OF ORIGIN FOR NON-COUNTRIES
MEMBERS OF THE CAN
PATENT OF INVENTION
BIBLIOGRAPHY:
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