Glossary
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No
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Concept
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Definition
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1
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Strasbourg Agreement
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Agreement reached in 1971 in Strasbourg,
establishing regulations concerning the International Patent Classification.
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2
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The Hague Agreement
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Agreement reached on November 6, 1925 in the
Hague, establishing regulations concerning the International Deposit of Industrial
Designs and Models.
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3
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Lisbon Agreement
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Agreement reached in 1958 in Lisbon, establishing
regulations on the Protection of Appellations of Origin and their
International Registration.
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4
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Locarno Agreement
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Agreement reached in 1968 in Locarno,
Switzerland, establishing an International Classification for Industrial
Designs and Models.
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5
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Madrid Agreement
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Agreement reached on April 14, 1891 in
Madrid, establishing regulations concerning the International Registration of
Marks and the Repression of False or Deceptive Indications
of Source on Goods
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6
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Nice Agreement
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Agreement reached in 1957, in Nice,
establishing regulations concerning the International Classification of Goods
and Services for the Purposes of the Registration of Marks
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7
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Vienna Agreement
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Agreement reached in 1973 in Vienna, establishing
regulations concerning the International Classification
of Figurative Elements of Marks
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8
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Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS)
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An extensive and comprehensive agreement
concerning Intellectual Property. Generally applied since January 1, 1996,
and since the year 2000 in developing countries.
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9
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Intellectual Property agent
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A specialist with the capacity to prepare and
process requests for rights concerning intellectual property on behalf and to
the benefit of an applicant
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10
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Search for antecedents
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Inquiry on protected acts whose purpose is to
determine the potential existence of industrial property rights that have
effects in a defined territory
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11
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Letter of intent
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Written proof of a first agreement concerning
the essential characteristics of a future contract, expressing the
fundamental elements of the future contract, such as identities of the
parties, objectives of the project, corresponding contributions, duration of
cooperation, and others
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12
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Assignor
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Person who assigns a good or a right
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13
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Assignor of license
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Individual or corporation which assigns a
license to be used by third parties under the conditions established by a
contract
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14
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Authorship Certificate
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A particular procedure to protect inventions,
in parallel with a patent; applied in some countries
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15
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Registration Certificate
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A document issued by an intellectual property
management office, certifying that rights have been granted or registered on
a certain distinctive sign
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16
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Cession
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A contract by which all or part of property
rights are transferred to a third party. For businesses, the cession may take
place through a sale, merger, regrouping or merger, and also when a
businessperson negotiates distribution or license contracts with third
parties
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17
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Integrated circuit
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A product, in its final or intermediate form,
of whose elements at least one is not active, and one or all of whose
interconnections are a part of the body or surface of a piece of material,
designed to carry out an electronic function
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18
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License granting
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Act by which a holder of industrial property
title assigns or transfers to a third party the right to use the entirety or
part of the rights which are conferred upon him or her by this title
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19
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Confidentiality
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Ethical principle that guarantees
nondisclosure of results or sensitive knowledge, or knowledge whose value may
increase
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20
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Licensing contract
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Act by which the holder of a patent assigns
to the licensee the exploitation of his or her invention as compensation for payment
of remuneration; the contract may be exclusive or non-exclusive.
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21
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Exclusive licensing contract
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Licensing contract by which the holder of a
patent authorizes the monopoly of his/her invention only to the licensee, and
makes a commitment to not assign it to others in the same territory as the
licensee
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22
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Paris Convention
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Convention carried out on March 20, 1883,
establishing regulations for the Protection of Industrial Property
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23
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Co-ownership
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Patents whose holders are the inventor and
one or several partners
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24
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Denomination of Origin
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Geographic denomination, designation,
expression, image or sign of a country, a region or a place, useful for
designating a good as originating from the territory of a country, region or
place in that territory, and whose qualities or characteristics are
exclusively due to geography, including human and natural factors. Geographic
denomination of a country, region or place, useful for designating a product
originating from it and whose qualities or characteristics are due,
exclusively or essentially, to geographic factors, including human and
natural factors
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25
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Priority right
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Right that allows the applicant for patent
protection, a utility model, a drawing or industrial model, or a mark which
was submitted in a member country, to claim some rights when requesting
protection in those countries, provided that they are requested within
specified time periods
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26
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Description
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Technical report accompanying an invention which
must be included in the application for the corresponding patent
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27
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Industrial drawing
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A combination of lines or colors
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28
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Emblem
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Figurative sign that identifies and sets
apart a business or establishment
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29
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Circuit layout
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Three-dimensional arrangement, expressed in
any way, of elements of which at least one is active, and interconnections of
an integrated circuit, as well as that three-dimensional arrangement prepared
for an integrated circuit to be manufactured
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30
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Forgery
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Action that consists of making or selling a
product which entails an intentional and premeditated reproduction of an
original trademark. The forged trademark is identical or substantially
impossible to distinguish from the original trademark. Frequently, forged
goods are made in imitation of a popular product, in its construction and
appearance, with the purpose of deceiving clients, making them believe that
they are buying the original merchandise. // Unauthorized representation
of a trademark in identical or similar products to the original ones
protected by a registered trademark, for the purpose of making buyers believe
that they are acquiring an original product
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31
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Parallel importation
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When a product legally manufactured overseas is imported without the permission of the
intellectual property right's holder (for instance,
the holder of a trademark or a patent)
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32
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Misrepresentation
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In trademarks, replacement of one brand of goods
by another, or a violation in which the offender attempts to purposefully
deceive or misguide buyers
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33
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Geographic indication
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Geographic name of a country, a region or a
place, used in the presentation of a good to indicate its place of origin,
preparation, collection, or extraction. // That which identifies a product as
originating from the territory of a Member or from a region or place in that
territory, when a certain quality, reputation or other characteristic of the
product is attributable basically to its geographic origin. For instance, "Champagne",
"Tequila" or "Roquefort"
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34
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Invention
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All creations of the human intellect, capable
of being applied in industry, which comply with patentability conditions provided
in this Law. It can be a product, a machine, a tool or a manufacturing
procedure, and is protected by a patent. // Creation of a new technical idea
and of the physical means to make it material or give it a tangible form. To
obtain a patent, an invention must be innovative, have some utility, and be
different from other similar creations
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35
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Procedural invention
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Any sequence of steps, or their parts and
nature, leading to the manufacturing or obtaining of a product or result
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36
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Product invention
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Any substance or material and any article,
apparatus, machine, equipment, device or other tangible object or result, as
well as any part of them
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37
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License
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Permit granted for using an intellectual
property right within a defined period of time, context, market line or
territory. Licenses may be exclusive or non-exclusive, depending on whether
they may or may not be used exclusively within a defined scope.
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38
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Compulsory license
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Applied to patents when authorities grant a license
to businesses or persons different from the patent holder, for using the
patent's rights: manufacturing, using, selling or importing a product which
is protected by a patent (this is, a patented product or a product
manufactured through a patented procedure), without authorization from the
patent holder. Allowed within the framework of the TRIPS Agreement, provided
that certain procedures and conditions are fulfilled
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39
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Licensee
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Person or entity holding a license, who
offers his/her work under the terms of a license
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40
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Mark
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Any sign or combination of signs which makes
it possible to distinguish the goods or services of a person from those of
another, because they are considered sufficiently distinctive, or make it possible
to identify certain goods or services as opposed to other goods or services
of the same kind or type
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41
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Collective mark
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Sign or combination of signs owned by a
collective entity that groups together persons authorized by the owner to use
the trademark
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42
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Trademark
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Word, motto, design, image or other symbol
used for identifying and distinguishing goods. Any identifying symbol which
is acceptable for receiving the legal designation of a registered mark, service
mark, collective mark, certification mark, brand name or commercial
presentation
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43
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Certification mark
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Sign or combination of signs which is applied
to products or services whose characteristics or quality have been controlled
and certified by the mark's holder
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44
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Brand name or trademark
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Any sign or combination of signs which are
able to distinguish the goods or services of a business from those of others.
Said signs may be registered as brand names or trademarks, in particular words,
including names of persons, letters, numbers, figurative elements and
combinations of colors, as well as any combination of these signs
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45
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Cattle brand
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The brand consists of a figure or figures,
letter or letters, or a set of letters, or of letters and figures, which can
be marked on animals' skin in a visible and permanent manner, through
processes considered appropriate
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46
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Widely known mark
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Sign or combination of signs which are known in
international trade, a pertinent sector of the public, or in business circles
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47
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Service mark
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A word, motto, design, illustration or any
other symbol used for identifying and distinguishing a service, as opposed to
a product
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48
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Registered mark (trademark)
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Any word, name, symbol, device or combination
of the above used for identifying and distinguishing a product in the market
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49
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Industrial model
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All plastic forms, related or not to lines or
colors, provided that said combination or forms gives a special appearance to
an industrial product or handicraft, which may serve as the model for its
manufacturing
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50
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Utility model
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Each new arrangement or form obtained or introduced
in tools, known work instruments or utensils, which make it possible to
improve the functions or a special function for their use
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51
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Trade name
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Denominative or mixed sign which identifies
and distinguishes a certain business or establishment
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52
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World Intellectual
Property Organization (WIPO)
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A specialized agency of the United Nations,
with offices in Geneva, Switzerland, created in 1967, in charge of promoting
protection of intellectual property around the world
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53
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Patent
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Concession granted to an invention, in virtue
of which the owner acquires the right to exclude other persons from the
manufacture, use or sale of said invention
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54
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Pending patent
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Patent submitted to the appropriate
organization, the results of whose evaluation have not been received. Its
registration informs third parties that an application has been filed for a
patent, and that legal protection (with retroactive rights) may be granted in
the near future
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55
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Piracy
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In intellectual property, an illegal
violation of author's rights. The term lacks legal validity in itself.//
Unauthorized reproduction of materials protected by intellectual property
rights (such as author's rights, brand names or trademarks, patents, geographic
indications, etc.) made for commercial purposes, and unauthorized commerce in
reproduced materials
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56
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Industrial property
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Property rights that, in an extended sense,
are applied to industry and trade, properly said, as well as to the sphere of
agricultural and extractive industries, and to all manufactured or natural
products
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57
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Full ownership
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Patent for which an inventor is the exclusive
consignee and holder of the pertinent rights
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58
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Registered name
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Denomination which makes it possible to
identify a legal person or business granted its own legal existence. It must
be recorded in the Registry of Commerce and Corporations. It should not
be confused with a trade name
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59
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Costa Rican Industrial Property Registry
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Official Entity, part of the National
Registry, in charge of Recording and
registering industrial property rights
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60
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Renewal
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Extension of the registration of an
intellectual property right for an additional period of time. It may pertain
to author's rights, marks, trade denominations and other types of
intellectual property rights
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61
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Advertising slogan
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Every legend, advertisement, motto, phrase, combination
of words, design, recording or any other similar means, provided that it is
original, characteristic, and is used to attract consumers' or users'
attention to a certain product, service, business, establishment or
commercial place
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62
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Distinctive sign
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Any sign which is a mark, a trade name or a
symbol
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63
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Applicant
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Legal entity or person who presents an
application for an industrial property title (an application for a patent or application
for the registration of a mark, for instance), before an industrial property
office
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64
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Renewal fees
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Fees required for renewing the registration
of an intellectual property right for an additional period of time
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65
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Rights holder
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Legal entity or person who, according to
applicable legislation, must be considered as a beneficiary of the protection
of an intellectual property right
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66
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Patent holder
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Person to whom the right represented by a
patent belongs
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67
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Transfer
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The act of transferring the rights of a mark
that is registered or in the process of being registered, by inter vivos or mortis causa acts. The transfer must be on
record in written form and must be registered to have an effect on third
parties and requires the payment of a registration fee.
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68
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Washington Treaty
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A treaty for the protection of intellectual
property concerning sketches or layouts of integrated circuits
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