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What is the IMPI?
The IMPI is the Mexican Institute of Industrial Property, is a government institution in Mexico in charge of promoting and protecting the industrial property In the country, its main function is to grant and administer industrial property rights, as patents, trademarks, industrial designs and designations of origin, is also responsible for promoting innovation and competitiveness in the Mexican industrial field.
What is the INDAUTOR?
He INDUSTRIAL is the National Copyright Institute, a Mexican institution in charge of promoting and protecting copyrights. copyright andn the country, its main function is to manage the registration of works and copyright, As well as promoting the protection and respect for the rights of creators and owners of literary, artistic and scientific works, INDAUTOR is also responsible for providing legal advice on issues related to copyright and promoting cultural dissemination.
Industrial property
Within the scope of Industrial Property, which focuses mainly on industry, it covers everything that the State considers of great economic importance, as established in the Industrial Property Law, the entity in charge of administration in this field is the Mexican Institute of Industrial Property (IMPI), which has a series of responsibilities, among which are:
- Promote the participation of the industrial sector in the development and application of technologies that improve their quality, competitiveness and efficiency.
- Manage and, where appropriate, grant invention patents, as well as registrations of utility models, industrial designs, trademarks and commercial notices, in addition to issuing recognition of notoriety or renown of trademarks, and declarations of protection for appellations of origin and geographical indications .
- Conduct investigations into possible administrative violations.
- Promote, advise and offer services to the public in relation to industrial property.
In the field of Industrial Property there are patents, utility models, industrial designs, trademarks and commercial notices.
Copyright
Copyright focuses mainly on the artistic field and is regulated by the Federal Copyright Law, this law aims to protect the rights of authors, performers, as well as publishers, in relation to their literary or artistic works in all their forms of expression.
Copyright is the recognition granted by the State to every creator of literary and artistic works, including the literary, musical, pictorial, sculptural, cinematographic branches and also computer programs, among other forms of expression.
Likewise, like the IMPI in the field of industrial property, the National Copyright Institute (INDAUTOR) is the institution in charge of applying the Federal Copyright Law.
Registrations in the INDAUTOR and IMPI Where to register your assets?
It is crucial to highlight that the protection offered by the IMPI and the INDAUTOR differs significantly, since
- Registering an artistic work or software with the INDAUTOR results in the issuance of a Copyright Certificate, which recognizes both the authorship and the economic rights over the work, which may belong to the same person or to different individuals, this provides visibility so that any third party can identify the author and the owner of the work.
- In contrast, the registration of Industrial Property with the IMPI results in obtaining a Registration Title With constitutive effects, this means that the Industrial Property, whether a trademark, a commercial notice or an invention, is not the property of the applicant in principle, until the State grants the property title, unlike the Copyright Certificate, where the artistic work is the property of the creator since its creation, and the State simply recognizes that authorship and issues a document to demonstrate that a similar work does not exist in its archives.
Hence the importance of understanding that when it comes to Industrial Property, it is essential to carry out registration with the IMPI to ensure ownership. This guarantees legal protection if a third party uses the Industrial Property registered by the owner, allowing them to request cessation. of unauthorized use, claim royalties or resort to IMPI to demand that the third party stop using the Industrial Property.
On the other hand, in the case of Copyright, registration with the INDAUTOR helps promote the work, providing it with credibility and authenticity by attaching the Copyright Certificate.
Understand the differences between Industrial Property and Copyright It is crucial to know what can be registered and which authority to turn to for advice and the best protection for both artistic and industrial creations.
What assets can be registered in the IMPI and which in INDAUTOR?
Goods that can be registered in the IMPI (Mexican Institute of Industrial Property):
- Registered Trademark: A symbol, logo, name, word, phrase, or combination of these elements that identifies a company's products or services and distinguishes them from those of other companies.
- Patent: A government-granted exclusive right that gives the holder the right to exclude others from making, using, or selling an invention for a specified period of time.
- Industrial design: The aesthetic appearance of a product that can be protected by registration to prevent unauthorized reproduction by third parties.
- Utility Model: An invention that provides a practical solution to a technical problem and that is new and susceptible to industrial application.
- Comercial advise: An advertisement used to promote or advertise a product or service, which may be registered to protect it from unfair competition.
Goods that can be registered in INDAUTOR (National Copyright Institute):
- Books and Literary Works: Any written work, whether in printed or digital form, such as novels, essays, poetry, manuals, among others.
- Music and Song Lyrics: Musical compositions and song lyrics that can be registered to protect the copyrights of composers and lyricists.
- Films and Audiovisual Works: Cinematographic and audiovisual works, including films, documentaries, television programs, short films, among others.
- Software: Computer programs and computer applications, including source code and object code, as well as related documentation.
- Visual Art and Photographs: Paintings, sculptures, photographs, illustrations and other visual works that are original and may be protected by copyright.
Differences between IMPI and INDAUTOR
| IMPI | INDUSTRIAL | |
|---|---|---|
| APPROACH | IMPI focuses on the protection of industrial creations, such as patents, trademarks, utility models and industrial designs. | INDAUTOR focuses on the protection of copyright, which covers literary, artistic, musical works, software and other types of creative creations. |
| JURISDICTION | IMPI is responsible for managing and granting industrial property rights in Mexico, in addition to ensuring compliance. | INDAUTOR administers copyright in the country, registering works and mediating disputes related to copyright. |
| REGULATION | IMPI regulates aspects such as the ownership of trademarks, patents and industrial designs, guaranteeing that industrial property rights are respected. | INDAUTOR regulates copyright, ensuring that creators obtain legal protection for their works and that their rights are respected |
| REGISTRATION PROCESSES | IMPI manages the registration of trademarks, patents, utility models and industrial designs. | INDAUTOR manages the registry of works protected by copyright, such as books, music, movies and software |
| PROTECTION AND SURVEILLANCE | IMPI is responsible for investigating and sanctioning infringements related to industrial property, such as product counterfeiting or unauthorized use of registered trademarks. | INDAUTOR is responsible for protecting copyright and taking legal action against piracy and copyright infringement. |
Benefits of registering industrial property or copyright
Register a industrial property or a copyright offers a number of significant benefits:
- Legal protection: Registration confers the owner exclusive rights over the industrial property or work, which allows legal action to be taken against infringers and to protect the interests of the owner.
- Exclusive rights: Registration guarantees the owner the exclusive right to use, market and authorize the use of the industrial property or work, which can generate additional income through licenses and franchises.
- Advertising and recognition: Registration provides reliable proof of the ownership and originality of the industrial property or work, which increases its credibility and visibility in the market.
- Commercial value: An industrial property or a registered work can increase its value in the market, since it demonstrates the authenticity and legal protection of the intellectual asset.
- Facilitates commercial transactions: Registration facilitates the transfer of rights and the negotiation of commercial agreements, such as licensing, sales or investment contracts, by providing legal certainty to all parties involved.
- Conflict prevention: Registration can help prevent legal disputes and litigation by clearly establishing property rights and ownership of the industrial property or work.
Registering an industrial property or copyright provides legal certainty, public recognition and commercial opportunities that can be fundamental to maximizing the value and protection of intellectual assets.
The valuation of an intangible, whether industrial property or copyright, involves evaluating its potential to generate future economic benefits. Some common methods for valuing intangibles include:
- Market comparison method: The intangible is compared with other similar ones that have been recently sold on the market.
- Cost method: The cost incurred to create the intangible is evaluated.
- Entry method: The present value of the future income streams that the intangible is expected to generate is estimated.
- Residual value method: The value of the intangible at the end of its useful life is estimated.
- Net Present Value (NPV) Method: The difference between expected future revenue streams and the costs associated with creating and maintaining the intangible is calculated.
It is important to consider that the valuation of intangibles can be complex and requires the expert advice in valuation of intangibles to obtain a precise and objective evaluation, if you want an expert opinion at Anepsa we can help you, Contact us.
