BlogEntrepreneurship & BusinessLegal ResourcesIndustrial Property

February 21, 20220

Industrial Property is one of two branches of Intellectual Property, which includes:

  • Patents for innovation
  • Utility models
  • Industrial design
  • Trade marks
  • Geographical indicators
  • Designation of origin

Different from Copyright, which doesn’t need a formal registration for protection because it  exists ipso facto upon the concrete materialization of the work, Industrial Property’s registration has a constitutive effect. 

A patent, for example, is granted legal protection upon the application for registration by its inventor or the authorized representative, only after it has passed the scrutiny  process by the General Directory of Industrial Property (GDIP).  

The law “On Industrial Property” (IP) is the legal basis that any party involved in the creative processes should have knowledge of. From a general overview, the law provides identical articles for any of the derivatives of IP. The request for application – for instance –  is always submitted in a written form,  accompanied by a short description of the constitutive elements of the work, the name and the address of the applicant, and the authorization for representation. 

However, certain categories of rights might have specific requirements, such as the application for a geographical indication can only be submitted by the group of manufacturers who produce the same product. 

General Directorate of Industrial Property (GDIP) is the legitimate authority to organize the written test of applicants, through an ad hoc commission, which compiles the test and maintains the applicant’s papers until the certificate is issued. After the applicant is registered in the GDIP’s register, he receives the State’s certificate. 

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