Copyright
REGISTRY PROTECTION
The copyright of this computer program for the specific surveillance of trademarks are registered in the Intellectual Property Registry under the title Guide notebook and computer program for the elaboration of a specific list of word analogies for the comparison of marks in their surveillance © 2020, hereinafter the Computer Program.
AUTHOR
The author of this Computer Program is Álvaro Herrera Dávila, a natural person who has created it as an original work, in the sense of being his own intellectual creation, being the owner of the Copyright.
OBJECT
The Protected Computer Program solves the problems posed by the monitoring of analogies between marks, since these are not, given their imaginative nature, always perceptible by a conventional computer program. The solution found has been to compare electronically a specific comparative list previously prepared in part manually for each mark to be monitored, understanding the comparative options that could concern it in its computer crossing with the marks subsequently requested and published in the national, Community and international bulletins. The owner of the monitored mark may assist in the preparation of this list.
AUTHORIZATION
Heda authorizes the use by each client of the Protected Computer Program when registering as a subscriber, benefiting from its advantages for the duration of the subscription. The user of the unauthorized Computer Program will be considered as an infringer.
EXPLOITATION
The author has licensed exclusively by means of a rental contract to Heda Patentes y Marcas, S.L. the exploitation of this Computer Program in accordance with the legislation of Intellectual Property and other concordant regulations.
DURATION OF COPYRIGHT
The exploitation rights of this Computer Program last throughout the life of the author and seventy years after his death.
COPYRIGHT OF COMPUTER PROGRAMS
For the purposes of copyright, the Intellectual Property Law is understood by computer program to be any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or a task or to obtain a certain result, whatever its form of expression and fixation. In this sense, the Heda Computer Program performs the task of comparing the marks to be monitored with those subsequently requested and published in the daily trademark bulletins, using a list previously prepared by hand by Heda’s technicians in collaboration with the owners of the trademarks monitored, obtaining as a result a computer crossing without comparative omissions in which all the similarities or analogies included in the listing. The risk of confusion between brands on the market is therefore eliminated. Given the creative nature of the marks, this list is drawn up largely by hand because the separations of creative signs, the analogies and synonymies masked in these creative signs or the translations into other languages, which introduce a risk of confusion between trademarks, are not handled electronically.
CONTENT OF EXPLOITATION RIGHTS
The exclusive rights of exploitation of this Computer Program by its licensee Heda Patentes y Marcas, S.L. include the right to make or authorize: A) The total or partial reproduction of this Computer Program by any means and in any form, whether permanent or temporary. B) The translation, adaptation, arrangement or any other transformation of this computer program and the reproduction of the results of such acts. C) Any form of public distribution including the rental of the original computer program or copies thereof.
COPYRIGHT INFRINGEMENT
They are infringers of the copyright of this Computer Program who, without the authorization of its owner, put into circulation one or more copies of this Computer Program knowing or being able to presume its illegitimate nature.
INFRINGEMENT ACTIONS
Heda Patentes y Marcas, S.L. may urge the cessation of the illicit activity of any infringer and demand compensation for the damages caused, and may also be held responsible for the infringement who knowingly induces the infringing conduct.
INDEMNITY
The damages due to the owner of this copyright that is infringed may include not only the value of the loss suffered, but also the value of the gain that has ceased to be obtained as a result of the violation of its right. The amount of compensation may include, where appropriate, the costs of investigation incurred in order to obtain reasonable evidence of the commission of the offence which is the subject of the legal proceedings.
INTERNATIONAL COPYRIGHT
One of the most important practical advantages for a berne convention accession country such as Spain is that the works of its authors – and this work in particular – are automatically protected in all countries party to the Convention.
ACTUALMENTE LOS PAÍSES UNIDOS AL CONVENIO DE BERNA SON:
| country | In force since | country | In force since | |
| Afghanistan | June 2 2018 | Kiribati | January 2 2018 | |
| Albania | March 6, 1994 | Kuwait | December 2, 2014 | |
| Germany | December 5, 1887 | Lesotho | September 28, 1989 | |
| Andorra | 2 June 2004 | Latvia | August 11, 1995 | |
| Antigua and Barbuda | 17 March 2000 | Lebanon | September 30, 1947 | |
| Saudi Arabia | 11 March 2004 | Liberia | March 8, 1989 | |
| Algeria | 19 April 1998 | Libya | September 28, 1976 | |
| Argentina | June 10, 1967 | Liechtenstein | July 30, 1931 | |
| Armenia | 19 October 2000 | Lithuania | December 14, 1994 | |
| Australia | April 14, 1928 | Luxembourg | June 20, 1888 | |
| Austria | October 1, 1920 | North Macedonia | September 8, 1991 | |
| Azerbaijan | 4 June 1999 | Madagascar | January 1, 1966 | |
| Bahamas | July 10, 1973 | Malaysia | October 1, 1990 | |
| Bahrain | March 2, 1997 | Malawi | October 12, 1991 | |
| Bangladesh | 4 May 1999 | Mali | March 19, 1962 | |
| Barbados | July 30, 1983 | Malta | September 21, 1964 | |
| Belarus | 12 December 1997 | Morocco | June 16, 1917 | |
| Belgium | December 5, 1887 | Mauritius | May 10, 1989 | |
| Belize | 17 June 2000 | Mauritania | February 6, 1973 | |
| Benin | August 1, 1960 | Mexico | June 11, 1967 | |
| Bhutan | 25 November 2004 | Micronesia | 7 October 2003 | |
| Bolivia | November 4, 1993 | Monaco | May 30, 1889 | |
| Bosnia and Herzegovina | March 1, 1992 | Mongolia | 12 March 1998 | |
| Botswana | 15 April 1998 | Montenegro | 3 June 2006 | |
| Brazil | February 9, 1922 | Mozambique | November 22, 2013 | |
| Brunei Darussalam | 30 August 2006 | Namibia | March 21, 1990 | |
| Bulgaria | December 5, 1921 | Nepal | 11 January 2006 | |
| Burkina Faso | August 19, 1963 | Nicaragua | 23 August 2000 | |
| Burundi | April 12 2016 | Niger | August 3, 1960 | |
| Cape Verde | July 7, 1997 | Nigeria | September 14, 1993 | |
| Cameroon | January 1, 1960 | Niue | 24 September 2016 | |
| Canada | April 10, 1928 | Norway | April 13, 1896 | |
| Chad | November 25, 1971 | New Zealand | April 24, 1928 | |
| Chile | June 5, 1970 | Oman | 14 July 1999 | |
| China | October 15, 1992 | Netherlands | November 1, 1912 | |
| Cyprus | August 16, 1960 | Pakistan | July 5, 1948 | |
| Colombia | March 7, 1988 | Panama | June 8, 1996 | |
| Comoros | 17 April 2005 | Paraguay | January 2, 1992 | |
| Congo | August 15, 1960 | Peru | August 20, 1988 | |
| Costa Rica | June 10, 1978 | Poland | January 28, 1920 | |
| Côte d’Ivoire | January 1, 1962 | Portugal | March 29, 1911 | |
| Croatia | October 8, 1991 | Qatar | 5 July 2000 | |
| Cuba | 20 February 1997 | United Kingdom | December 5, 1887 | |
| Denmark | July 1, 1903 | Syrian Arab Republic | 11 June 2004 | |
| Djibouti | 13 May 2002 | Central African Republic | September 3, 1977 | |
| Dominica | 7 August 1999 | Czech Republic | January 1, 1993 | |
| Ecuador | October 9, 1991 | Republic of Korea | August 21, 1996 | |
| Egypt | June 7, 1977 | Republic of Moldova | November 2, 1995 | |
| El Salvador | February 19, 1994 | Democratic Republic of the Congo | June 30, 1960 | |
| United Arab Emirates | 14 July 2004 | Lao People’s Democratic Republic | March 14, 2012 | |
| Slovakia | January 1, 1993 | Dominican Republic | 24 December 1997 | |
| Slovenia | June 25, 1991 | Democratic People’s Republic of Korea | 28 April 2003 | |
| Spain | December 5, 1887 | United Republic of Tanzania | July 25, 1994 | |
| United States of America | March 1, 1989 | Romania | January 1, 1927 | |
| Estonia | October 26, 1994 | Rwanda | March 1, 1984 | |
| Eswatini | 14 December 1998 | Saint Kitts and Nevis | April 9, 1995 | |
| Russian Federation | March 13, 1995 | Samoa | 21 July 2006 | |
| Fiji | October 10, 1970 | Saint Vincent and the Grenadines | August 29, 1995 | |
| Philippines | August 1, 1951 | Saint Lucia | August 24, 1993 | |
| Finland | April 1, 1928 | Holy See | September 12, 1935 | |
| France | December 5, 1887 | Sao Tome and Principe | June 14 2016 | |
| Gabon | March 26, 1962 | Senegal | August 25, 1962 | |
| Gambia | March 7, 1993 | Serbia | April 27, 1992 | |
| Georgia | May 16, 1995 | Singapore | 21 December 1998 | |
| Ghana | October 11, 1991 | Sri Lanka | February 4, 1948 | |
| Grenade | 22 September 1998 | South Africa | October 3, 1928 | |
| Greece | November 9, 1920 | Sudan | 28 December 2000 | |
| Guatemala | 28 July 1997 | Sweden | August 1, 1904 | |
| Guinea | November 20, 1980 | Switzerland | December 5, 1887 | |
| Equatorial Guinea | June 26, 1997 | Suriname | February 23, 1977 | |
| Guinea-Bissau | July 22, 1991 | Thailand | July 17, 1931 | |
| Guyana | October 25, 1994 | Tajikistan | 9 March 2000 | |
| Haiti | January 11, 1996 | Togo | April 30, 1975 | |
| Honduras | January 25, 1990 | Tonga | 14 June 2001 | |
| Hungary | February 14, 1922 | Trinidad and Tobago | August 16, 1988 | |
| India | April 1, 1928 | Tunisia | December 5, 1887 | |
| Indonesia | September 5, 1997 | Turkmenistan | May 29 2016 | |
| Ireland | October 5, 1927 | Turkey | January 1, 1952 | |
| Iceland | September 7, 1947 | Tuvalu | June 2 2017 | |
| Cook Islands | August 3 2017 | Ukraine | October 25, 1995 | |
| Solomon Islands | July 4 2019 | Uruguay | July 10, 1967 | |
| Israel | March 24, 1950 | Uzbekistan | 19 April 2005 | |
| Italy | December 5, 1887 | Vanuatu | December 27, 2012 | |
| Jamaica | January 1, 1994 | Venezuela (Bolivarian Republic of) | December 30, 1982 | |
| Japan | July 15, 1899 | Viet Nam | 26 October 2004 | |
| Jordan | 28 July 1999 | Yemen | 14 July 2008 | |
| Kazakhstan | 12 April 1999 | Zambia | January 2, 1992 | |
| Kenya | June 11, 1993 | Zimbabwe | April 18, 1980 | |
| Kyrgyzstan | 8 July 1999 |