Intellectual property

Intellectual property rights

The law does not protect brands as such.  What it does, firstly, is protect the intangible "intellectual property" rights that are constituent elements of a brand, such as:

  • trade names
  • trade mark rights
  • design rights
  • copyright material
  • patent or utility model rights
  • rights to use a protected geographical indication or designation of origin (PGI or PDO)
  • domain names
  • trade secrets, confidential information and/or know-how

Like any other kind of property, each of the above IP rights can and should be protected in order to ensure that (a) its ownership and (b) its value are preserved.  As a general rule it is up to the owner of the IP right to take steps to protect it.  PGI/PDO rights are different. The right to use a PGI  or PDO (such as "Rioja" or "Napa Valley") is ...........


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