Intellectual Property Law: Contemporary Challenges in Copyright Protection: Foundations of Law: Global Perspectives on Ethics and Justice

Copyright © 2024 by Bonifacio Lisboa

All rights reserved. This work or any part of it may not be reproduced or used in any way without the express written permission of the author or publisher.

First edition, 2024

INTRODUCTION.....................................................................5

CONTEXTUALIZATION OF INTELLECTUAL CREATIONS....................................7

IMPORTANCE IN THE AGE OF INFORMATION AND INNOVATION.............................9

OVERVIEW OF MAIN ASPECTS ADDRESSED.............................................11

COPYRIGHT.......................................................................13

DEFINITION AND SCOPE OF COPYRIGHT...............................................13

EXPLORATION OF RIGHTS GRANTED TO CREATORS......................................21

BALANCE BETWEEN CREATORS’ INTERESTS AND PUBLIC ACCESS TO KNOWLEDGE.............28

RELEVANT CASE STUDIES..........................................................35

REGISTERED TRADEMARKS..........................................................40

THE CONCEPT AND IMPORTANCE OF TRADEMARKS......................................40

REGISTRATION PROCESS AND TRADEMARK PROTECTION.................................47

DEFENSE OF TRADEMARKS AGAINST MISUSE AND DILUTION..............................57

EXAMPLES OF TRADEMARK DISPUTES................................................63

PATENTS.........................................................................70

EXPLANATION OF THE PATENT SYSTEM AND ITS RELATION TO THE PROTECTION OF INVENTIONS AND PROCESSES.....70

REQUIREMENTS FOR OBTAINING A PATENT............................................81

DEBATE ON PROS AND CONS OF PATENTS IN RELATION TO INNOVATION AND ACCESS TO TECHNOLOGY.....92

HISTORICAL AND CONTEMPORARY CASES OF LEGAL BATTLES INVOLVING PATENTS..........102

TRADE SECRETS..................................................................114

DEFINITION OF TRADE SECRETS AND THEIR IMPORTANCE FOR COMPANIES..................114

PROTECTION MEASURES AND MAINTENANCE OF CONFIDENTIALITY........................126

LEGAL CONSEQUENCES OF THEFT OR UNAUTHORIZED DISCLOSURE OF TRADE SECRETS........141

EXAMPLE OF CASES WHERE TRADE SECRETS WERE AT STAKE............................153

BERN CONVENTION................................................................161

PRESENTATION OF THE BERNA CONVENTION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS.....161

DISCUSSION ABOUT ITS FUNDAMENTAL PRINCIPLES AND IMPACT ON INTERNATIONAL COPYRIGHT PROTECTION.....171

ANALYSIS OF HOW THE BERN CONVENTION INFLUENCED NATIONAL LEGISLATIONS...........180

TRIPS AGREEMENT................................................................188

EXPLORATION OF THE AGREEMENT ON ASPECTS OF TRADE-RELATED INTELLECTUAL PROPERTY RIGHTS (TRIPS).....188

DISCUSSION ON THE HARMONIZATION OF INTELLECTUAL PROPERTY LAWS IN INTERNATIONAL TRADE.....196

CRITICAL EVALUATION OF THE BENEFITS AND CHALLENGES OF TRIPS FOR MEMBER COUNTRIES.205

CONCLUSION.....................................................................210

RECAPITULATION OF THE MAIN POINTS DISCUSSED IN EACH CHAPTER......................210

REFLECTION ON CURRENT AND FUTURE CHALLENGES OF INTELLECTUAL PROPERTY LAW......210

EMPHASIS ON THE IMPORTANCE OF BALANCE BETWEEN PROTECTION AND ACCESS...........223

INTRODUCTION

In the current era, where the intersection between information and innovation creates a scenario of unprecedented convergence between creativity and technology, the role played by Intellectual Property Law acquires unparalleled relevance. As society is driven by innovative ideas, artistic expressions and scientific advances, protecting and encouraging intellectual creation are emerging as crucial pillars for driving human progress. This book aims to comprehensively and deeply illuminate the intricate and multifaceted field of Intellectual Property Law, delving into the laws and regulations that protect mental creations and exploring the implications of this system in an increasingly globalized world.

In this era of hyperconnectivity, the rapid and widespread dissemination of information is accompanied by an exponential increase in intellectual production. From digital content creation to technological innovation, intellectual creations are at the heart of transforming industries, culture and the way we interact with the world. However, this rich tapestry of creativity also brings with it complex challenges related to ownership, access and ethics.

Intellectual Property Law establishes itself as a solid foundation that seeks to balance the individual aspirations of creators with the collective interest. By granting exclusive rights to their creations, these laws encourage innovation and artistic expression, encouraging the generation of new ideas and the exploration of unexplored territories. However, this system is not exempt from debates about the extent of these rights and the implications for access to culture, education and information.

This book aims to be a guide through this legal and conceptual maze. From the fundamental principles of copyright to the intricate web of patents and trade secrets, we will navigate the complex waters of Intellectual Property Law. By examining international treaties such as the Berne Convention and the TRIPS Agreement, we broaden our horizons to understand how these laws resonate on a global scale.

As we move into the 21st century, the interface between technological innovation and intellectual creation will continue to challenge and shape our understanding of what is possible. This book not only explores the laws and regulations that govern this ecosystem, but also invites readers to reflect on the delicate balance between protecting individual rights and collective access to knowledge. In this spirit, we invite you to embark on this journey of discovery and reflection, where Intellectual Property Law is the common thread that will guide us through the complexities and unlimited possibilities of human creativity in the century of information and innovation.

CONTEXTUALIZATION OF INTELLECTUAL CREATIONS

Since time immemorial, the human mind has been the starting point from which the flames of innovation and expression emerge. The unique ability to create, invent and communicate is, undoubtedly, one of the most distinctive and enriching characteristics of humanity. The intellectual creations that spring from this fertile ground of the mind, whether a canvas painted in vibrant colors, a melody that transcends time, a computer code that unlocks new possibilities, or a revolutionary chemical formula that redefines paradigms, play a subtle and profound role in way we perceive, understand and navigate our world.

These creations merely transcend physical or tangible manifestations. They are witnesses to our innate ability to capture the essence of reality, to make dreams come true, to materialize abstract concepts and to communicate emotional complexities that go beyond language barriers. They are the forces that give shape to our dreams and aspirations, revealing the contours of what we imagine and believe.

In contemporary society, shaped by the age of information and innovation, this human creative essence takes on an even more significant role. In a world where knowledge has become an invaluable currency and progress is driven by disruptive ideas, intellectual creations emerge as invaluable assets. They not only boost industries and pave the way for technological innovation, but also enrich the cultural and social fabric of nations.

On the other hand, the reach of these creations transcends geographical and cultural borders, creating a global dialogue where the diversity of expressions and visions converge to form a multifaceted mosaic of knowledge. These intellectual creations are the pillars that support the constant metamorphosis of society, influencing our way of interacting, learning, communicating and even living. Whether in the music that fills our most intimate moments, in the software that revolutionizes the way we conduct our daily activities or in the literary works that transport us to other worlds, the influence of intellectual creations is undeniable and lasting.

Intellectual creations transcend materiality to become the marks of our ability to dream and create. In the contemporary era, they have evolved beyond mere individual expressions, playing a vital role in the economy, culture and global progress. This ongoing, dynamic journey from the mind to the tangible world is a celebration of the human essence, a symphony of innovation that resonates through the ages, shaping the future while honoring the past.

IMPORTANCE IN THE AGE OF INFORMATION AND INNOVATION

The era of digital revolution and global connectivity has opened up a vast and limitless panorama for the dissemination and exchange of ideas on a global scale. However, this unprecedented interconnection has also brought with it a series of intricate challenges related to the protection and equitable access to intellectual creations. In this complex and multifaceted scenario, Intellectual Property Law plays a crucial role in articulating a subtle balance between the rights of creators and the public interest.

By establishing exclusive rights over their creations, intellectual property laws have the noble function of catalyzing innovation and inciting the creativity of individuals. By recognizing the importance of rewarding and protecting creative efforts, these laws encourage inventors, artists and thinkers to invest their time and energy in producing new ideas and expressions. At the same time, these same laws play a vital role in ensuring that society at large can reap the rewards of shared knowledge, allowing information to flow freely for collective benefit.

However, it is vital to recognize that the central challenge of Intellectual Property Law lies in finding a balance between the protection of individual creations and the public's right to access and use information and knowledge. This balance becomes even more complex in the digital age, where the ease of reproduction and dissemination of content challenges traditional ownership structures. The advent of the internet and social networks has brought to light intense debates about the extent of protection and the definition of limits that preserve creative freedom and accessibility.

Intellectual Property Law stands out as a valuable instrument for managing these conflicts. By offering a legal framework that delimits the rights and responsibilities of creators, as well as exceptions that allow public and educational use, these laws seek to bring harmony between individual and collective interests. Through this delicate balance, Intellectual Property Law aims to encourage innovation, creativity and cultural exploration, while ensuring that society is not prevented from enjoying intellectual creations.

The digital revolution has brought a terrain of possibilities and complexities for sharing intellectual creations. Intellectual Property Law takes on the role of a guide, guiding the way to an environment where creativity flourishes and society reaps the benefits. As the technological and cultural landscape continues to transform, the ongoing challenge is to adjust and refine this balance, ensuring that intellectual creations can continue to inspire, impact and enrich everyone's lives.

OVERVIEW OF MAIN ASPECTS ADDRESSED

In this book, we will explore in detail the fundamental pillars of Intellectual Property Law. We will analyze copyrights, which protect artistic and literary expressions, registered trademarks, which give identity and reputation to products and services, patents, which transform ideas into technological innovations, and commercial secrets, which protect companies' strategic information. Additionally, we will examine two important international conventions: the Berne Convention, which establishes global standards for copyright protection, and the TRIPS Agreement, which harmonizes intellectual property laws in the context of international trade.

Over the next sections of this book, we will dive deeply into each of these topics, exploring their origins, principles, emblematic cases, and the complexities that permeate their applications. Together, we will navigate the intricate landscape of Intellectual Property Law, peeling back its layers and discovering how it shapes our age of information and innovation.

COPYRIGHT

DEFINITION AND SCOPE OF COPYRIGHT

Copyright represents a fundamental pillar in the context of intellectual property, playing an extremely important role in the preservation and appreciation of intellectual creations. These norms and laws make up a set of rights that grant creators exclusive authority over their works, enabling them to control the way in which their artistic, literary, musical, cinematographic, software and other expressions are used, explored and shared. .

These rights provide a legal basis that recognizes creative effort and work invested in intellectual productions. They go beyond a mere protection mechanism, constituting a way to reward and encourage innovation, originality and cultural diversity. By giving creators the ability to control how their creations are used, copyright provides a vital incentive for the continued production of works that enrich society and culture.

However, copyright is not just limited to economic and commercial aspects. They also include the moral rights of the author, which concern personal connection and the integrity of the creation. This recognizes that a work is an extension of the creator's identity, and moral rights ensure that this connection is respected and preserved over time.

The scope of copyright varies between countries and can cover a series of activities, such as reproduction, distribution, exhibition, performance and adaptation of the work. These exclusive rights give creators the power to make decisions about the commercial exploitation of their works and the way they are presented to the public.

However, to ensure an appropriate balance between creators' rights and public access to knowledge, many legal systems also incorporate exceptions and limitations, such as the concept of fair use. These exceptions allow certain uses of protected works to occur without the need for authorization from the rights holder, seeking to protect public interests, such as education, research and critical commentary.

Therefore, copyright