The Federal Copyright Law of our country is the only one in the world that acknowledges the right to use and exploit in an exclusive way the name, physical features (such as the shape of the face, color and hair type, color and form of eyes, age, gender, height, complexion and clothing) and of course the psychological features that have to do with the personality of a played human character, fictional character or symbolic character, which must give originality to the character making it unique and unmistakable.
The protection provided by the Federal Copyright Law is exclusive, it can be obtained by individuals or legal entities and is valid for five years, which can be renewed for equal five years periods, indefinitely, as long as it is proven, that the name and the physical and psychological features are being used in an irrefutable manner without changes or variations, that is, just as they have been protected.
It is important to keep in mind that not renewing in time, the rights over the performed character, fictitious or symbolic, has as a consequence the loss of exclusivity over the name, the physical and psychological features, and someone else can appropriate them without authorization.
This protection can often come into conflict with brands that involve emblematic characters that are similar or identical but that are used to promote service or products by another person or company.
It is also acknowledged cumulative protection to characters as part of a literary or theatrical work.
If you are interested in learning more about this exclusive figure or have any doubts about how to protect your human, fictitious or symbolic characters, come to us, Bandala, Díaz, Garcia y Associates, the experts in designing strategies in Intellectual Property.