Banana Shoes
Banana Shoes
Considering the request made by the CEO of our company as part of the
advisory team on Intellectual Property matters and in response to the request
we made an analysis of the three types of intellectual property including
alternatives to intellectual property and which would be the most appropriate
for our product BANANA SHOES:
Patent protection
This patent has as a favorable point that it confers an exclusive right on the
ornamental aspect of our product for a term of 14 years, however we cannot
lose sight of certain limitations that make the process of obtaining the patent a
long and expensive process. Obtaining a design patent in relation to the time
required to obtain another type of protection for other rights is excessive. On
average, the procedure for obtaining an industrial design patent lasts between
two years and three years. Period during which you will make an exhaustive
study of our request to determine if the industrial design is new or if it is in the
state of the art or if the industrial design is functional, this obviously places us
as holders of rights in a situation that It goes against the reality of the market
and that has to do with the fact that the duration of the useful life, from the
commercial point of view, of an object that contains an industrial design, is
relatively short.
For this reason, we recommend starting the process of our design patent on the
BANANA SHOES product but also processing other forms of faster and more
effective intellectual property to protect our product.
Brand protection
US trademark law is comprised of federal law - the Lanham law - and state
laws. Although the purpose of the trademark law regime is not to protect
industrial designs, its application to our BANANA SHOES product is
plausible under the principle of distinctiveness, since respect for this condition
is what has prevented its use. , more generally, of trademark law in the
protection of industrial designs.
Copyright
The copyright system fulfills its function of legal protection by requiring the
respect of four types of economic rights: the right of reproduction, the right of
adaptation, the right of communication and the right of distribution. The latter
is intended to regulate the way in which the rights holders can control the
commercialization of their creations (whether by sale, rental, or loan).
Copyright protection for most works lasts for the life of the author plus 70
years. Commissioned works are protected for 95 years from the date of
publication or 125 years from the date of creation, applying the shorter
duration of the above.Although many national jurisdictions offer different
durations of law, this protection mechanism is very cheap and easy to obtain
in the United States as creators of a new product in the market BANANA
SHOES recommend obtaining the copyright on our product to reserve the
distribution, rental, investment, licenses and commercialization of our product.
This protection system is very economical and easy to obtain, however we
recommend that it be accompanied by other protection systems such as the
patent and the trademark for greater effectiveness and protection.
Conclusions