INTELLECTUAL PROPERTY IN THE FOOTWEAR SECTOR

Shoes, like cars, watches, mobile phones … are complex products, made of various components that combine various materials such as leather, textiles, rubber, etc. In manufacturing complex technologies along with more traditional techniques with the aim of offering the consumer a product that suits your needs and circumstances of each moment of life are used. There are a variety of shoes for children, ladies, knight, athletic, orthopedic, protective, with heels, no heels, sandals, boots, etc.

Technological and non-technological innovations are the basis of industrial property in the footwear sector, but few companies gain a competitive advantage of the rights of intellectual property by not considering a business asset protectable.

THE INTELLECTUAL PROPERTY AS CORPORATE ASSETS:

The rights of intellectual property rights are territorial; each country reserves the right to define the intellectual property under its laws.

The intellectual property includes:

  • Industrial secrets.
    • Copyright.
    • Industrial property:
    o Designs.
    o Brands.
    o Patents and utility models.

Trade secrets :

Any element or business process that provides a competitive advantage in the market and do not want competition knows it. Examples of trade secrets:

  • The list of customers.
    • The specific method to manufacture a product.
    • The particular form of treatment of raw materials.

Trade secrets are quite a fragile form of protection of intellectual property. They are protected by contractual agreements with business partners and employees. They need no application for protection before the office of intellectual property SPTO.

Copyright :

It is a set of legal rules that protect the creators of ideas recognizing them as owners of work and free to decide on their use. Copyright plays a key role in the textile and clothing, fur and leather, furniture and footwear since they are free, easy and quick to obtain and require no formal requirement. Only must prove a certain date of creation and the originality or novelty.

It is considered that a work is protected by copyright as soon as it begins its creation. Copyright is limited to a few years after the death of the creator. There is no real harmonization of this right in the community, since; although a creation is protected by copyright in one country does not mean it is going to another. For example, in Germany, you cannot protect a three-dimensional design (dress, shoe or chair) by copyright protection.

Patent:

Patents are rights of intellectual property that guarantee the ownership of an invention. In order to be eligible for patent protection, an invention must meet the requirements of novelty, inventive step and industrial applicability. This means that your patent application contributes to the state of the art, is original and has some sort of commercial application. Also in any states or country respective Patent and trademark offices recommends that you should apply your patent application via a skilled person like Fort Worth patent attorney. As in the case of rejection of your patent application you may lose your profitable idea.

Typically, patents are valid for a period of 20 years depending on the country. There are certain circumstances where protection cannot be granted a patent or utility model, particularly in the following cases:

  • Discoveries, scientific theories, and mathematical methods.
    • Aesthetic creations.
    • Schemes, rules, and methods for performing mental, playing games or doing business activities and computer programs.
    • Ways of presenting information (e.g. tables, forms, typographical arrangements).
    • Structures and processes which are contrary to the laws of nature.
    • Inventions the industrial exploitation would be contrary to public policy or morality.

Fort worth patent attorney law firm assists in all problems relating to a patent.
There is an international patent classification (IPC) established by the Strasbourg in 1971. This classification divides technology into eight sections with approximately 70,000 subdivisions, each of which has a symbol consisting of Arabic numerals and letters of the alphabet Latin. It is a hierarchical system of language independent symbols for classifying patents and utility models under the various technology sectors they belong to.