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Advanced Programming
Professor Victor
Essay #4
December 3, 2018
ABSTRACT: This essay is about defining the concepts of licensing, patent and
copyright, attaching examples in each one for a better understanding of the
subject, using images for understanding and describing them in a practical and
easy way.
Introduction
Have you ever wondered why sometimes when you watch YouTube you
sometimes get some information about copyright or do not go so far if you ever
played a videogame of a little machine that then left at the beginning some logo
of: Nintendo, Xbox, PlayStation etc? and so you knew who had that this
company was in agreement with the creators of the machine to be able to
transform them and so play them in the little machine. Other example could be
when Apple or you can also say "the iPhone manufacturer" who in 2005 filed a
patent for an "electronic device with multi-sensory devices to the touch". About
two years later, the company revealed the first iPhone, and people never walked
the same way again. (http://www.elfinanciero.com.mx/tech/patentes-que-
auguraron-los-exitosos-productos-de-apple)
On the other hand, another example is the "funko", whose main product is the
Pop Dolls known for having the image of the main characters of both television
series and motion pictures, some of the licenses they have are Disney, The
Walking Dead, The Game of Thrones, Kiss and Marvel.
(https://www.merca20.com/el-licensing-permite-a-las-marcas-incorporar-la-
imagen-de-otra-esto-ha-sido-un-factor-clave-para-la-popularizacion-de-
productos-con-personajes-conocidos-existen-empresas-que-basan-su-exito-en-
la-adq/).
Well exactly as now you think everything has its reason why they come out
although you might never have asked yourself in more depth, but do not worry
because that is what this document will be about, the explanation of each one
of those points with its respective example and in the simplest way so that it can
be understood using images of course to add more easily to what you read here,
learn it and no longer have any doubts about these topics.
What is a
Patent?
A patent is an exclusive right granted by the State for the
protection of an invention, which provides exclusive rights that will allow you
to use and exploit your invention and prevent third parties from using it without
your consent. If you choose not to exploit the patent, you can sell it or assign
the rights to another company to market it under license. Patents, also known as
invention patents, are the most widespread means that exist to protect the rights
of inventors. By patent is understood the exclusive right granted by the State for
the protection of an invention. The patent gives its owner the exclusive right to
prevent third parties from commercially exploiting the protected invention for
a limited period of time in exchange for disclosing the invention to the public.
Therefore, the owner of the patent (its owner) can prevent others from
manufacturing, using, offering for sale, selling or importing the patented
invention without permission, and can sue the person who exploits the patented
invention without their permission.
(https://www.inapi.cl/portal/institucional/600/w3-article-744.html).
That is, the right granted to an inventor by the State and that allows the inventor
to prevent third parties from exploiting their invention for a limited period of
time through commercial means.
What is a license?
It is a contract between the developer of a software subject to intellectual
property, copyright and the user, in which the rights and duties of both parties
are defined with precision.
Software licenses typically provide end users with the right to one or more
copies of the software without violating copyrights. The license also defines the
responsibilities of the parties entering into the license agreement and may
impose restrictions on how the software can be used.
(https://searchcio.techtarget.com/definition/software-license) As I mention
before in the introduction you can see an example of this.
Patent vs copyright?
Patents refer to an invention, whereas copyrights refer to the expression of an
idea, such as an artistic work. They are governed by different rules, so it is
important to know which is applicable to your works.
To finish we can see that after reading what each one is used for (patent,
copyright, license) it is very easy to understand what is the difference between
them and how to use them some day like for example:
if you are a programmer and you make a unique software, never before seen
you will know that you can use a license to protect it from someone else making
it their own or that they copy it and take some profit from your work and effort,
instead you will be able to get a certain amount of money when they use it, thus
leaving everyone happy.
1. http://www.elfinanciero.com.mx/tech/patentes-que-auguraron-los-
exitosos-productos-de-apple
2. https://www.merca20.com/el-licensing-permite-a-las-marcas-
incorporar-la-imagen-de-otra-esto-ha-sido-un-factor-clave-para-la-
popularizacion-de-productos-con-personajes-conocidos-existen-
empresas-que-basan-su-exito-en-la-adq/
3. https://www.inapi.cl/portal/institucional/600/w3-article-744.html
4. https://searchcio.techtarget.com/definition/software-license
5. http://cjam.info/en/difference-copyright-and-patent/