Intellectual and industrial property

Explain what intellectual property is and what it protects: works you create (a comic, a song, code, photos). Give two examples from your school environment and explain when copyright begins (do you have to register the work for it to be yours?).

Distinguish intellectual property from industrial property using these elements from a juice cooperative project: (a) the name "ZumZum" and its logo; (b) the lyrics of the advert song; (c) a new machine that squeezes juice without waste; (d) the poster designed by the team. Indicate which route protects each one: trademark, patent, or copyright.

Match each creation of the project team with the route that protects it — trade mark, patent or copyright: (a) the name 'EcoPatio' and its logo; (b) the new drip-irrigation system with recycled bottles; (c) the presentation video recorded and edited by the team; (d) the lyrics of the advert's rap. Explain one of your choices.

Name three elements of a school project that could be protected (name, logo, product design, the advert's song, the app's code) and explain for each one whether the protection arises on its own (copyright) or must be registered (trade mark, patent). Which one should a team with no money protect first?

Your prototype is a school bag organiser with a catchy name, a logo, a clever compartment design, and a presentation video. For each part indicate: which route protects it (trademark, patent, copyright, or industrial design), whether protection is automatic or requires registration, and what would happen if you do not protect it.

Explain what plagiarism is with a school example: copying the work of a classmate from another class and signing it as your own. How does it differ from 'basing yours on' their structure while citing the source? Why is plagiarism an offence even if nobody reports you?

You want to make an app that is "similar to" an existing one. Draw the line between taking inspiration (legal and common: same concept, own design and code) and plagiarising (copying the logo, name, code, or text). Give two examples on each side of the line and explain the risks of crossing it.

You can do it on paper and send a photo with your answer.

Another school team accuses you of copying their stall idea (they also sell healthy breakfasts). Analyse where the legal and ethical line is: general ideas are not protected, but their concrete expression is (name, logo, designs, texts). Write your defence in three points and a coexistence proposal so that both stalls can operate without a war.

Explain what the public domain is (works whose rights have expired) and give two examples of things you could freely use at the school festival: a Mozart symphony, a 19th-century novel for the play. And what about a photo you simply found on the internet? Argue the difference.

Explain what 'citing the source' means and in which cases it is compulsory. Give one example of correct use and one of incorrect use of an internet image in the project presentation.

You need music and images for your project video. Explain what you can legally use: (a) the latest song by your favourite band; (b) music under a Creative Commons licence, citing the author; (c) a photo found online without specifying the source; (d) music created by yourselves. Explain what Creative Commons licences are and what each type requires you to do (attribution, non-commercial, share-alike).

Your project advert's song uses the chorus of a famous track in the background, 'just $15$ seconds'. Explain why the duration doesn't save the infringement (what matters is the use without permission of a work with rights), which legal options you have (royalty-free music, a Creative Commons licence, composing it yourselves, asking for permission) and which one you would choose with a zero budget.

Your artisan jam cooperative has a maximum budget of 100 € to protect its intangible assets. You have developed four key elements: the trade name and logo, an exclusive recipe with a thermal method that extends shelf life without additives, the advertising jingle, and the illustrated poster.

1. a) Knowing that registering a trademark with the OEPM costs about 125 €, a patent exceeds 600 €, and copyright arises for free with the creation of the work, design and justify the optimal allocation of your 100 € budget. Argue which specific legal or technical route you would assign to each of the four assets to maximise their protection without running a deficit.
2. b) Suppose a competitor buys your product on the market, deduces the exact recipe through laboratory analysis, and sells it at half price. Predict the legal effectiveness of your protection strategy against that action and evaluate whether you could legally stop their sales or claim compensation.

Your entrepreneurship team has created an ergonomic fabric organizer for backpacks, a mobile app for planning school assignments, a commercial logo, and the music for the promotional video. You only have 80 € in initial capital. You know that registering a trademark costs around 125 €, registering an industrial design exceeds 100 €, and copyright on artistic works or software does not require paying fees to legally exist.

1. a) Evaluate the economic risk and vulnerability of each of the four assets. Design the resource allocation strategy, justifying which elements you leave without institutional registration, what free reliable proof methods you would apply to prove authorship, and what sales threshold would justify formally registering the trademark or industrial design in the future.
2. b) A school supply distributor asks you for the cutting patterns and technical specifications of the organizer to evaluate a potential order before signing any agreement. Design a strategy based on trade secrets and non-disclosure agreements (NDAs), assessing its economic advantages and predicting its limits if the distributor decides to launch a product with slight variations.

Two school years ago, a 4th-year ESO student drew a mascot for the school sports day using the school's tablets. Today, the AMPA has ordered 300 hoodies featuring the mascot to sell them at 22 € and fund the end-of-year trip. The author demands that the sale be stopped, claiming that she has not assigned her rights, while the school management argues that, since it was created during school hours and using school equipment, the mascot belongs to the school's heritage.

1. a) Issue a reasoned legal opinion on the ownership of the work. Justify whether being a student or using school resources implies an automatic assignment of copyright, distinguishing between the fate of moral rights (inalienable) and economic exploitation rights.
2. b) Design the key clauses of a settlement agreement between the student, the school, and the AMPA to unblock the situation. Define: the type of exploitation assignment (exclusive or non-exclusive, territorial and temporal scope), fair financial compensation or sponsorship for the author, and the control mechanisms she will retain to authorize future commercial uses.