Exercises: Protection of the idea, the product, and the brand

Explain what each form of intellectual and industrial property protects: patent, trade mark, industrial design, and copyright.

State which form of protection is appropriate in each case: a company logo, a technical invention that improves a bicycle, a novel, the aesthetic shape of a bottle, and the code and text of a website.

The diagram summarises four ways of protecting ideas and creations. Identify the missing form, marked with '?', explain what it protects, and give an example of a product that would require it.

A student has invented a bike lock that opens using a cell phone. Explain which form of protection is suitable for the mechanism, what requirements are usually required (worldwide novelty, inventive step, and industrial applicability), and what risk she runs if she exhibits it at trade fairs before protecting it.

A small jam brand sells only at local markets and believes that registering a trade mark is just for multinationals. Argue why it is in its interest to register it even though it is small, and what could happen if another company registers a similar name first.

A company creates an app with custom code, text, illustrations, and a logo. Explain which elements are automatically protected by copyright, which one requires a specific registration, and which part cannot be protected: the general idea of 'an app for...'.

The bicycle rental and repair shop "BiciBurra" has been operating successfully for a year in Valencia, but never registered its name with the OEPM. When seeking to expand, it discovers that a technical clothing brand has just registered "BiciBurra" for sports apparel (Class 25 of the Nice Classification).

1. a) Can the sportswear company force the bicycle company to cease its activity or change its corporate name? Justify your answer applying the principle of trademark specialty and the registration principle.
2. b) If "BiciBurra" wanted to start marketing its own branded cycling jerseys and hoodies, what legal conflict would arise and what strategic options does it have to resolve it? Evaluate the risks and costs of each.

A biotechnology laboratory has achieved two innovations following an investment of 350,000 pesos:

1. An energy drink with a synthesised molecule whose exact formulation can be deduced in a laboratory through reverse engineering as soon as it hits the market.

2. A fermentation and plant temperature control algorithm that optimizes flavor and reduces costs, but is undetectable by analysing the bottled product.

Management is hesitating between filing patent applications with the OEPM or relying on the Trade Secrets Act (Ley de Secretos Empresariales). Reasonably recommend the optimal protection route for each innovation, contrasting in each case the risks of public disclosure, the temporal costs of exclusivity (20 years), and the vulnerability to copies by competitors.

A company registered its trademark only in Spain and now wants to sell in France, Germany, and Italy. Explain the territorial nature of trademark registrations, what options it has to protect itself in the European Union, and what checks it should perform before launching in those countries.