Technology is changing the way traders reach out to consumers, either through the use of social media, self-owned platforms or marketplaces. According to a recent study by Kantar, online sales in Colombia have grown 41% since the pandemic began, well above the regional average, which stood at 26%.
Within the digital environment, we may find different intangible assets that are subject to protection via Intellectual Property law. Therefore, if you participate in social networks or platforms, we recommend that you identify what intangible assets are present in your business, what benefits they represent, and protect them accordingly.
Although there are multiple intangible assets in the digital world, in this opportunity we will focus on domain names, distinctive signs -trademarks, slogans, commercial names and ensigns-, and the copyrights that comprise from multimedia work of authorship, texts, photographs, images, videos and music used on the digital platform; to its technological support, namely the software.
1. Domain names
The domain name is the way in which the consumer remembers and locates a website in cyberspace, since it is the word translation of the IP number of a website, which is the technical element that allows its location on the internet. A URL link, through which we enter a website, is made up of: common and technical elements such as the prefix - http:// - and subdomain -www.-; the domain name itself, which is composed of the name or distinctive sign that differentiates it from the others; and the extension (.com, .net, .org). To acquire the domain name, the company must purchase it through an internet domain registrar, such as GoDaddy or A1.
The domain name can sometimes create tensions with trademarks or copyrights because users search for trademarks and protected copyright material on the internet and, sometimes, they come across domain names that share the name with the trademark or work of authorship, so there may be tensions when different people own the domain, trademark or work of authorship.
2. Distinctive signs
Parties in the digital environment constantly use trademarks, slogans, commercial names and ensigns to identify themselves and their products and services in cyberspace. Trademarks are usually the first element found on the website and, consequently, distinguish the product or service, or business origin of these in the market, thus contributing to its remembrance and goodwill.
During the process of creating the sign, we recommend that you develop and / or choose abstract or fanciful signs that are not descriptive or generic.
The only way to acquire the rights over a trademark and slogan is to register the sign before the Colombian Trademark Office (SIC). Thus, it is essential to identify the signs that you use or will use within the digital environment and once you identify them, before filing the application, we recommend conducting a clearance search to determine if it is available.
3. Copyright
Social networks, web platforms and apps have multiple multimedia contents such as texts, images, videos and music that is supported on specific software. All the aforementioned elements are protected by copyright.
Consequently, it is highly important (i) to identify the elements or work of authorship protected by copyright – v. gr. text, images, photography, music, videos, software-; (ii) identify the origin of the content, is it your own? or is it from a third party ?; (iii) if they are owned by a third party, sign the appropriate contracts – assignment of rights, license, use authorizations, SaaS-; and (iv) maintain the corresponding supports.
Also, in the case of images, videos and musical compositions, it is necessary to determine whether they are using the image of a person (v. gr. models, actors or singers), and, in case they are, it is also necessary to obtain authorization to use their image.