Intellectual property gains importance
March 20, 2018
Protecting a creation is a recurring desire of companies. One of the most effective ways to accomplish this protection is through intellectual property, a system created to ensure ownership or exclusivity in the industrial, scientific and artistic fields. The main forms of protection in the industrial field are the patents, which protect the production of an enterprise and allow other persons to be excluded from acts relating to the protected matter; To the brand, record of every visually perceptible signal, which identifies and distinguishes products and services; and the industrial design record, which protects the ornamental aspects of an object. In Brazil, in 2016, the Industrial Property Law (LPI) completed 20 years. The legislation regulates the protection of rights relating to industrial property. Since 2014, Brazilian law provides that those who first register the creation have the right to it. All registration processes are made by the National Institute of Industrial Property (INPI). According to Jatyr Ranzolin Jr., a specialist in law and economics for companies from the Federal University of Rio Grande do Sul (Ufrgs), adhering to intellectual property is a requirement of companies. "We always warn our customers that those who do not protect their creation tends to leave the market," says the lawyer, who is director of the Office Mário de Almeida trademarks and patents, specialized in intellectual property. The expert's warning is based on the new companies that have entered the market heavily in recent years, the startups, which are already born with innovation and creativity in DNA. Because they are such creative companies, protection is considered by experts to be an obligation. Among the companies that Ranzolin attends in the office, only 30% receive first approval for the brand they want to implement. According to Ranzolin, to obtain the success in the registry, the first step that companies must undertake before registering a creation is the search for priority. The search is not mandatory, but it is recommended to avoid possible lawsuits. Startup Real networking adhered to industrial protection during the validation step of the solution offered in the company in the market. The team realized the need to take preventive measures to ensure the company's perpetuity. "We are looking for a specialized office to verify the possibilities and initiatives that looked at the needs of the company," recalls its CEO, Diego Falcon Peruchi. The company registered the Gamification service – strategy of interaction between people and companies based on the offering of incentives that stimulate public engagement. Startup has developed a gamification-enterprise knowledge sharing model. On the platform, it is possible to hold forums, videoconferences and arrange on-site visits. Launched in December 2016, Real networking already has more than 750 customers in the portfolio. Peruchi considers that adherence to intellectual property is still low in the world of startups, due to the recurring changes of companies in relation to records. "So often, there is no interest in seeking a patent on a product. When it is approved, it will probably be very different, "he points out. That's because the average time to deposit a patent next to the National Institute of Industrial Property is 11 years, and the volume of orders is great. In the period from January to August 2017, 18,805 patent applications were recorded, 120,817 applications for brands and 3,828 applications for industrial designs. Despite this, the CEO considers it indispensable to register a brand or product. "When they realize that their product already exists and has a patent, or that it can be (or is already being) copied, what has been built is losing value," alert. By way of note, the Brazilian Association of Startups says he believes that the best way to evolve is by talking to mentors, investors and even friends. "In the end, they might even find their genius idea and want to copy it. But only a good execution will make it a success. " Industrial property in stages understand the product it is necessary to understand the type of brand you want to register, so it is possible to access the brand Manuel on the INPI website. For patents, the process is the same, we need to understand whether it is a patent of invention (PI) or patent of utility model (MU). Search for previousity is indispensable to search if what you want to register was not previously protected. Payment of the fee it is necessary to confer on the INPI's website the value of the registration fees. For the payment of fees, it is necessary to register on the E-INPI website. Start of the request step to gather the necessary documents to forward the request. You can check the document list on the INPI website. Follow-up the process will go through different stages, which may require the submission of new documents, so it is necessary to be aware of the deadlines of the application for registration. Source: Trade Journal