Frequently Asked Questions

What is Intellectual Property and what is it for?

Intellectual property (IP) is section of law that seeks on the one hand to encourage innovation, creation and technology transfer and on the other, ordering markets by facilitating decision making on the part of the consumer.

Rights designed to encourage the creation and inventiveness of people are better known as patents of invention, utility models, industrial drawings, industrial designs, topography of integrated circuits, plant varieties and copyright.

Rights principally directed to commercialization are trademarks, appellations of origin, geographical indications and unfair competition.

The wide coverage of figures and scenarios offered by intellectual property has led the World Intellectual Property Organization (WIPO) to distinguish between two sub-genres, used to better understand the application and regulation of these issues.

It is thus divided into two major branches that are better known worldwide as Copyright and Industrial Property.

What is Copyright and what is it for?

Copyright is a set of legal norms and principles that affirm the moral and patrimonial rights that the law grants to authors for the sole act of creating a literary, artistic, musical, scientific or didactic work, whether published or unpublished.

How can I protect my Copyright?

There are several ways in which to protect copyright works, from simple registration before the IP Offices of each country, certifications of work, to the use and application of various international licenses. At Eproint we advise and adapt the options that best suited to your business.

What rights does Copyright grant?

It distinguishes mainly between two types of inherent rights pertaining to each author of a work of any kind, these are:
– Moral Rights: Guarantees the paternity of the intellectual creation and protects the personal and reputational value of a work. The moral right is especially important under the copyright law, since the author has the right to set the conditions of its commercial exploitation or not, and to defend its integrity.
Since it is considered that the author is entitled to the moral right aimed to control his creation, the moral right refers to the connection between an author and his creation.
– Patrimonial Rights: It refers to the commercial value of a creation and grants the author a monopoly to exclusively exploit its his creation during a determined period. This encourages industrial and commercial relations as well as creativity.
Under this monopoly, right holders may prevent third parties from using, manufacturing and selling the creation without authorization. If rights are infringed, the author can take legal action against the illicit use of his literary, artistic or industrial creations.

Can software be registered?

The writing of software as such, the user manuals and the interphases of a computer program can be categorized as literary and artistic works. They are therefore susceptible of registration and guardianship under the Copyright figure.

However, sometimes this figure does not respond to the changing needs of the current technology market. That is why Eproint advises and offers alternative and effective options for the protection of digital and audiovisual intangibles of all kinds.

What is a license in terms of copyright?

The writing of the software as such, the user manuals and the interphases of a computer program can be categorized as literary and artistic works. They are therefore susceptible of registration and guardianship under the Copyright figure.
However, sometimes this figure does not respond to the changing needs of the current technology market. That is why Eproint advises and offers alternative and effective options for the protection of digital and audiovisual intangibles of all kinds.

Coauthor, what is it and what is the purpose of adding more Rights holders to a Registered Work?

It is when two or more authors may have created an authored work.
It is possible to incorporate new authors into a work so that they are given credit in the information page, information note and certificates.
Thus, all those people who would have participated directly as authors of a work will be entitled to the arising rights.

Is it mandatory to register an authored work?

The registration by authors on their copyright work is voluntary. The intellectual property of a copyright work belongs to the author by the mere fact of its creation and not by having registered it (Berne Convention). However, most legal problems arise from evidentiary conflict.
The registration of a copyright work is a mean of proof that the author may or may not use as a protection measure, becoming a record of its authorship.
However, that is the general rule. Certain country laws require the registration of a copyright work to be able to access certain legal privileges, therefore in case of doubt; we recommend consulting with us in order to address each case in a personalized way.

What is Industrial Property and what is it for?

Industrial property refers to the technical, ornamental and aesthetic aspects of an object, which is usually linked to an objetive or a commercial activity.
They are used primarily to distinguish a priority right over elements of trade, whether distinctive signs, or inventions.
The main types of industrial property rights are:

Trademarks: distinctive signs used to identify the goods or services of the holder from those of other undertaking. They grant legal protection on the use of a name as a distinctive element in the trade of their products or the provision of their services.
– Trade name: Any word or mixed sign that identifies and distinguishes an enterprise from a particular commercial establishment.
Expression or advertising sign: Any slogan, advertisement, phrase, combination of words, design, engraving or any other similar medium, provided that it is original, pose unique characteristics and is used to attract the attention of consumers or users about a particular product, service, company, establishment or commercial premises
Patents: Concessions or Negative Temporary Rights granted by the authorities to a holder, which enables them to avoid the unauthorized reproduction of his inventions or new process (the right to exclude others from benefiting from your invention).
Industrial designs: any assembly of lines or colors, industrial model in any plastic form, associated or not with lines or colors, provided that that the asembling or the form gives a special appearance to an industrial or craft product and can serve as a prototype for its manufacture.
Utility Model: Any new arrangement or form obtained or introduced in tools, work tools or known utensils, which allow a better function or a special function to be used, shall be considered a utility model.

Is it necessary to protect my Industrial Property?

Some of the recurring factors in developing a profitable business are: falsification, taking unjust advantage and improper use of the effort and the reputation of others. Regardless of the nationality, nor the size of the company that is represented or held, ALL are exposed and vulnerable to unscrupulous practices, plagiarism and / or falsification of their products or distinctive signs.
Therein lies the importance of the protection of distinctive signs, inventions and the likes of each owner. It is important to guarantee, at least a legal tool to terminate and punish third parties who claim one of two things: (a) to profit improperly from the name and commercial efforts of a responsible owner; or (b) to tarnish and damage the reputation and good name achieved by the efforts mentioned above.
Therefore, although it is not a legal requirement to neither identify by a trademark, nor seek protection by patents or similar rights; it is highly recommended.

How much protection time is guaranteed for a trademark?

The registration of a trademark guarantees protection of at least 10 years in the majority of the countries; period that is extendable for equal periods, without a maximum term.

What happens if an unauthorized third party uses my trademark?

In view of possible identical or highly similar trademarks, the Registry guarantees each holder the possibility of opposing to the registration of new distinctive signs that may lead consumers to confusion on the origin of the business products, therefore guaranteeing priority rights to those who have registered their sign on a prior date.

How long is a patent protected for?

The usual term of protection of a patent will be 20 years. Subsequent to this deadline, the information contained in the patent document will enter the public domain.

How is an invention protected?

The system of protection of inventions by means of patents, offers the inventors different options according to their commercial interests. This may be achieved by national protection, limited to the territory of the country in which it is requested, or through the application and implementation of international agreements that allow cooperation between member states, in order to make applications more efficient and cost effective.
Costa Rica is an active member state of WIPO and has presence and participation in various international agreements of this nature.
At Eproint we will help and guide you in the drafting, application process, and preparation of the patent document, as well as in the selection of the most favorable system to apply.

What are Information and Communication Technologies (ICT) ?

It is the name given to all those current digital mechanisms, better known as IT; it is nothing more than the application of computers and telecommunication equipment to store, retrieve, transmit and manipulate data, frequently used in the business context or other companies. It covers a broad spectrum ranging from computers, and computer networks, to other information distribution technologies such as television and telephones.
Multiple industries are associated with information technology, including computer hardware and software, electronics, semiconductors, the internet, telecommunication equipment, e-commerce and computer services.

How does the law affect ICT?

Each of the relationships arising from interaction through technology generates obligations and legal effects for the parties, which must be carefully studied by the law and lawyers.
At Eproint we offer diverse services, related to the interaction of the legal world with the digital world, among them:
– Legal validation of campaigns in social networks
– Legal validation of promotions, sweepstakes and online contests
– Copy Advice
– Cookie Audit
– Website compliance
– Database management
– Data Protection.
– Legal review of websites
– Terms of recruitment
– Technological contracts
– Protection and recovery of Domain Names.
– Use licenses.

What is Data Protection?

Each of the connections and acts carried out by means of an ´Information and Communication Technology´ (ICT) route necessarily imply that it is shared with the person in charge of the service, the administrator of the site or the company in question; this confidential information must be protected in accordance with current regulations.
Any person, physical or legal that stores any sort of information pertaining to its users, consumers, customers or similar, is obliged to carry out a series of procedures, aimed at compliance with international standards.

What kind of regulation do campaigns have in social networks?

All applicable advertising laws in the nation must necessarily govern any type of advertising campaign carried out through social networks. They must also respect the rights inherent to their authors and interpreters and fit the policies and terms of use of each of the web platforms that are intended to be used.
Eproint performs a legal assessment and validation of each of the online marketing campaigns that are intended to be used, in order to ensure the regulatory compliance of each one of them.

What are Corporate ICT resources and why is it important to regulate them?

All electronic and technological devices, with or without web connectivity, used to manipulate, edit, display, print, store, transport or save information of a particular company will be cataloged within this category.
These devices will have the characteristic of being the property of the contracting company, and will remain accessible to the employees according to levels of authorization; being available in order to carry out the work for which they were hired.
The clear policies of good use, correct use, byod, wfh, use of VPN, among others and other modalities will not only guarantee an adequate handling of privileged information, but also protect against possible cyber-attacks or vulneratbilities.