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

 

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