Professional Documents
Culture Documents
75.056.962
To:
Course
• What is a patent?
It is a right of exclusivity granted by the State to protect and exploit an invention. A
patent is the counterpart to the fact of protecting an invention by reservation or secret
and, as such, requires that the applicant of the patent make public his invention
through a patent application, so that an expert in the matter referred by such request ,
can reproduce the invention. In exchange for publishing his invention, the applicant
obtains, as was said, a right that allows others to prevent any form of commercial
exploitation of the invention within the territory of obtaining the patent and for a
limited period of time.
What is copyright?
It is the protection granted by the state to the creator of literary or artistic works
from the moment of its creation and for a certain time. Copyright is the set of rules
that protect the author as the creator of a work in the literary and artistic field,
understood this, as any human expression product of ingenuity and talent that is
materialized in any way perceptible by the senses And in an original way.
TERM SHEET: It is often helpful for parties to exchange a term sheet prior to the initial negotiation meeting. The
term sheet typically covers the major issues in a potential deal in outline form, including: the licensed product
or process; licensed territory; license fee and royalty; technical information and training required to develop and
manufacture, sell and service the licensed product, and who will be responsible for same; sales and service
support; degree of exclusivity, and duration of the license. The process of creating this document will help team
members understand and focus on the overall objectives of the agreement and avoid unfavorable terms.
Additionally, the document enables each party to understand their team’s basic position from the start, avoiding
potential misunderstandings as the negotiation proceeds.
DEADLINES: Establishing preset any negotiation, a nondisclosure
deadlines for each of the major agreement can provide security for both
steps in the negotiation process is parties to maximize information
important because it forces the transfer. Some key terms include license
other party to reveal its true and scope, enforcement rights, the
intentions and interests in the financial arrangement, additional patent
licensing agreement. Parties not prosecution and maintenance costs,
committed to reaching an ownership of improvements, liability,
agreement will not meet deadline indemnification, and warranties and
requirements, enabling the other representations. A Joint Privilege
party to cut its losses and look Agreement will also be necessary if the
elsewhere for a potential licensing parties intend to discuss legal opinions
partner and avoid waiving the attorney-client
• Which are the six steps to take into account in the phaseprivilege.
Negotiation.
Major steps in the negotiation process for which preset deadlines may be set include:
iCow is an agricultural information platform for small farmers. With this service is controlled the fertility of
cows used by 45,000 farmers, which at the stroke of SMS have managed to increase the production of milk in
900 liters per year, according to a study of Green dreams, developer of this software.
Under the current international practice, the software is regulated by copyright law.
With regard to the protection of software, or computer programs, in accordance with the Andean Decision
351 of 1993, it is protected through the copyright regime. This means, among other things, that the code used
for the elaboration of the application or the software is protected by law from the moment of its creation,
however, it is recommended to make a register before the National Directorate of Copyright for purposes
Declarative or evidentiary, as a precaution in the event of eventual conflicts or infringements.
It would also be possible to analyze if there are other elements of the application, such as sounds or music,
characters, dialogues, drawings or photographs that have been created for the application or software and
that must be protected through copyright and backed up to Through their respective register.
Bibliography
• Cow (Africa): A mobile phone based agricultural information platform for small holder farmers
developed to solve the problem of permanent access to verified valuable agricultural content.
Taken from: http://www.icow.co.ke/blog/what-icow
• Medina, D. R. (1992). Industrial and intellectual property Law (No. 73). National Autonomous
University of Mexico, Institute of Legal Research.