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Old 10-05-08, 12:00 AM
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Quote:
Originally Posted by Tedel View Post

I went to the Indecopi (which is the Peruvian bureau for intellectual property and the like) and they told me that, according to Peruvian laws, if I say something is mine, it is; and if someone wants to make any claim he must prove me wrong. It's a sort of automatic copyright.

For brand names, it's the same. If I can prove I've been using a brand or commercial name for at least six months, then it mine. And I can prove that.
I hate to break this to you, Ted, but just b/c you own a copyright or trademark doesn't prevent anyone from copying you.

I own some registered intellectual property (so that's my experience) & my lawyer advised me in early days that while one can have a trademark the onus will be on YOU to enforce it. In other words, if someone copies your IP then you will have to decide if you want to take legal action. His best advice was to get lots of press, to establish oneself publicly as the owner/creator, which is helpful in quashing competitors. Its all about the brand.

Its still a good idea to get a trademark started (it takes a year or so in Canada from start to finish), and from what I've seen of your site, its about the best you can do. As I understand the current laws, you're not eligible for a patent, as you have no tangible, unique invention (a patent is for a *device* or sometimes a *process*). Plus, a patent is costly.

I've been through this process. Feel free to PM me if you have need.
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Tedel (10-05-08)