WHAT ARE EXCLUSIVE USE RIGHTS RESERVATIONS?
It is not new that the Coronavirus SARS-Cov.2. caused by the national emergency by COVID-19, it has paralysed many processes and legal effects in the Intellectual Property Area. However, the National Copyright Institute has given a positive signal to the holders of exclusive use rights reservations, since in the Agreement suspending legal terms and deadlines in INDAUTOR for reasons of force majeure, published in the Official Journal of the Federation on 1 April this year, in its fourth paragraph it states the following;
FOURTH. In the case of Exclusive Use Rights Reservations, those that are in the process of renewal before the National Copyright Institute at the date of publication of this agreement, as well as those that expire during the period of suspension , they will continue to have all their effects, as if they were in force, until the state is lifted and merit suspension.
To understand the importance of this statement, we must first answer the question, what are the Exclusive Use Rights Reservations?
The Exclusive Use Rights Reservations, are other figures protected by the Federal Law of the Copyright and its regulations, however, they are extremely peculiar in contrast to the Related Rights and the Copyrights themselves, since these consist of the power to use and exploit exclusively and temporarily;
- The titles of broadcasts and periodicals;
- The distinctive physical and psychological names and characteristics of characters;
- The denominations of persons or groups engaged in artistic activities and
- The original operating characteristics of advertising promotions.
In order to be protected, these figures must be registered with the Institute and, according to their nature, protected for a specific period of time;
- In the case of the titles of broadcasts and periodicals, their validity is extended indefinitely for one year;
- As well as the names of persons or groups engaged in artistic activities, their duration is five years, extendable for periods of the same duration;
- While the protection granted for the original operating characteristics of advertising promotions consists of five years indelible.
However, both the obtainments and the renewals of the records of the Reservations of Rights to Exclusive Use are subject to requirements and conditions, which if not fulfilled may result in their nullity, cancellation or expiration, as the case may be, the Institute took the determination, to put a “pause” for headlines such as newspapers or magazines (titles of broadcasts and periodicals) ; human characters of characterisation, fictitious or symbolic (distinctive physical and psychological names and characteristics of characters); individual or collective artistic names (names of persons or groups engaged in artistic activities) or original advertising promotions, which are protected by an Exclusive Use Reservation in the process of renewal or are due to expire during the emergency period, do not lose their exclusive exploitation rights because of a contingency that they cannot control.
It should be noted that, depending on the strategy to be implemented, reservations to exclusive use rights may conflict with other intellectual property rights such as trademarks, commercial notices and copyright or provide more robust protection for the holder.
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