Copyright

Trademark, patent or copyright: not everything is protected the same way

Trademark, patent or copyright: not everything is protected the same way

· Copyright

Trademark equals identity. Patent equals innovation. Copyright equals creativity. Three different rights, and choosing the wrong one is the most expensive mistake in this field.

Trademark

Protects the sign that distinguishes your goods or services: a name, a logo, a slogan, in some cases a shape or a sound. Granted by IMPI, lasts ten years and is renewable indefinitely, but only if you file the declaration of actual use on time. It protects the identifier, never the product itself.

Patent

Protects a technical invention that is new, involves an inventive step and has industrial application. Granted by IMPI, lasts twenty years from filing and cannot be renewed. Absolute novelty is required, so publishing or selling before filing usually destroys the right.

Copyright

Protects original works: text, images, music, software, audiovisual material. It arises automatically on creation, and registration before INDAUTOR serves as evidence of authorship and date. It lasts the author life plus one hundred years in Mexico. It protects the expression, never the underlying idea.

Most businesses need more than one

A software company typically holds a trademark on the product name, copyright in the code, and sometimes a patent on a technical process. Mapping which right covers which asset is the first thing we do in a portfolio review.

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