INTELLECTUAL PROPERTY

FAQ on intellectual property: Registration and identification of documents

From the moment of creation of the work, the author already enjoys all the benefits of the law and, therefore, does not have to do anything to protect their own rights. In this sense, no one can use the work without authorization or in the cases provided for by law.

However, there are several registration and identification systems of the works that the authors can use according to their needs: Intellectual Property Registry, Safe Creative, Copyright, Legal Deposit, ...

El Intellectual Property Registry It is a planned organism at the Intellectual Property Law (LPI), conceived as one of the systems for the protection of intellectual property rights, through the proof and advertising of the rights that are registered.

  • Registration is voluntary, only declarative and not constituting rights. Therefore, registration in the Register is not mandatory to acquire intellectual property rights; the author already has them implicitly at the moment of creation of the work. It will be necessary to register the work in those cases in which you want to have a reliable proof of the nature of the author.
  • Registration is a service of payment, managed by the Generalitat de Catalunya

Alternatively, the existence of other free means in the network can also be considered. For example, this is the case of Safe Creative, digital register of intellectual property that allows to register any work, regardless of its type and nationality of the author.

Safe Creative It provides an electronic record and, in addition, it allows to indicate the rights that correspond to each one of the works (including those given by the possible licenses of use granted by the authors and / or corresponding owners).

The confusion should not be confused Intellectual Property Registry with theSpanish Patent and Trademark Office.

Intellectual Property Registry The inscription of a work in Intellectual Property Registry Provides a means of proof to prove who is the author of an inscribed work and to whom the rights of economic exploitation relate, allowing anyone to ask about the registered works, the authors and the owners of the rights.
Spanish Patent and Trademark Office. This Office registers trademarks and trade names, industrial inventions, industrial designs and integrated electronic circuits, but not copyrighted works (literary and artistic works, musicals, etc.).
Possible relationships

Given the9.1 article c) of the Trademark Law:

"Without due authorization, they can not be registered as trademarks: [...] the signs that reproduce, imitate or transform creations protected by copyright or by another industrial property right other than those contemplated in articles 6 and 7" .

For example, a trademark can not be registered with a title of a work if it is an original title (title considered innovative, singular or extraordinary, product of imagination or creativity), since, according to the author,article 10.2 LPI, the title of a work, when it is original, will be protected as part of it.

El Intellectual Property Registry and intellectual property rights management entities are two different mechanisms for the protection of intellectual property rights.

As they say their names, the Registry only elects the intellectual property rights of an author, while the management entities are responsible for the defense and management of the exploitation rights of the author. works

Safe Creative is a digital intellectual property record that allows you to register for free any work, regardless of its type and nationality of the author.

Safe Creative It provides an electronic certificate of the work and, in addition, it allows to indicate the rights that correspond to it (including those given by the possible licenses of use granted by the authors and / or corresponding owners).

The International Standard Book Number (ISBN) It is a unique international identifier for books or other monographic publications in any medium (paper or electronic books, educational videos, etc.).

This numbering system facilitates the circulation and commercial operations of the monographs in the publishing market, since it allows to identify the title and the edition of a work published by a certain publisher or author-publisher, as well as to use the ISBN database to locate it.

Unlike Legal Deposit, it is not a mandatory identifier.

The International Standard Serial Number (ISSN) It is a unique international identifier for serial publications (journals, directories, directories ...) that allow them to be identified regardless of their country of publication, language or support. It also involves the inclusion of the publication data in the ISSN international database.

Unlike Legal Deposit, it is not a mandatory identifier.

The Uniform Resource Identifier (URI) is an alphanumeric string that identifies information resources on the Internet. URLs i URN They are different types of URIs:

Uniform Resource Locator (URL) URI that identifies an information resource on the Internet through its location on a specific server or directory. If the resource moves to another server or directory, the URL becomes broken.
Uniform Resource Name (URN) URI that identifies an information resource on the Internet in a unique way, regardless of its location or URL. So,URN It differs from the URL in that it identifies the object, not the place it is in. TheURN It is linked to the object by a system that allows you to extract information about where it is located, so that this information about its location can be easily modified by the person managing its rights. The Handles and DOIs are URNs.

El Handle system It is an open access system that allows the allocation of persistent identifiers or URNs in the resources of information or digital objects existing on the Internet (articles, magazines, book chapters, images, multimedia products ...).

The permanent identification of digital documents allows to guarantee the correction of the citations that can be made of them, since their URN It is always the same even if it has undergone a change of location to another server or directory. This prevents the existence of bibliographic citations that refer to broken links.

This means that, for example, an object that has received the Handle 2099 / 7 can be retrieved always at the address http://hdl.handle.net/2099/7 (Persistent URL), regardless of its URL.

The Libraries, Publications and Archives Service of the UPC uses the Handle system for the allocation of unique identifiers of digital objects housed in their repository UPCommons.

El Digital Object Identifier (DOI) is a specific implementation of the Handle System adopted by the DOI Foundation, which allows you to offer an allocation service.URNs using the syntax of the Handle system (the DOI identifiers are stored in the Handle System that collects and manages names of objects on the Internet).

This payment service, widely used by commercial publishers and offered through various international agencies, provides other features such as the management of metadata of identified digital objects.


Last update: 15 / 05 / 2019