Intellectual property, what is it and how does it work?
As far as the creations of human talent and ingenuity are concerned, there is a set of rights that cover all types of works and protect the moral and material interests that correspond to their creator, as stipulated in Article 27 of the Universal Declaration of Human Rights, which states that: 1. “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. And 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author”.
At the global level, the World Intellectual Property Organization (WIPO) is the organization in charge of developing a balanced and effective system that allows creativity for the benefit of all, stimulates innovation, and also contributes to economic development.
The regulation of intellectual property covers both copyrights, which are linked to all works in any form, and industrial property, which includes patents, trademarks and industrial designs.
It should be clarified that intellectual property only covers the form in which ideas are embodied or artistic works are illustrated, but does not contemplate legal protection of ideas or procedures.
Intellectual property rights allow you to enjoy the benefits originated by your work or invention. These are enshrined in Article 27 of the Universal Declaration of Human Rights.
Importance of intellectual property
The creation of works and inventions in general contributes greatly to the development of mankind, and their protection encourages new talents to create and allocate resources to innovation, which is fundamental for the growth of a society.
In addition, promoting its protection contributes to economic growth, the generation of industries and improves the quality of life; thus, countries are motivated to exploit the potential of their creators for the benefit of an entire state.
Conditions for a creation to be protected
- Have a practical use
- Demonstrate its novel and original characteristic
- The work must demonstrate that it can be patentable
These patents are granted by the entities in charge of this matter in each nation, so a creator may request the protection of his work in one or more countries, and these will be the ones to determine whether or not to grant protection within their borders.
In order to promote the protection of intellectual property, WIPO has a forum in which its member states create, improve and evaluate the rules already in place to protect the rights that concern them.
The objective of these rights is to protect creators, but they also work to promote the artistic, technological, scientific, etc. development of nations, since in this way new talents are encouraged to create projects and works that not only bring individual benefits, but also strengthen states in cultural matters, benefit their economy and improve living conditions.
The work carried out by the states that are part of WIPO is of great importance because they seek to disseminate information on intellectual property, so that the general public is aware of its existence and has its benefits, thus achieving the creation of an environment of creativity and invention that establishes a balance between the interests of authors and the general public.