Frequently Asked Questions

Can industrial property rights be sold, bequeathed, licensed or seized as if they were a tangible asset?

Yes, all of this is possible. The terms “Intellectual Property” and/or “Industrial Property” include rights that afford protection to intangible assets and may be sold, licensed, bequeathed or seized as if they were tangible assets.

Is it mandatory to obtain a patent or to register a trademark?

No, it is not madatory. Obtaining any of these rights is optional and grants the creator an exclusive right for use or explotation.

What are the differences between Intellectual Property and Industrial Property?

In some jurisdictions, Intellectual Property is the category that includes both Copyright and Industrial Property; the latter is used to group the legal concepts known as Patents, Utility Models, Industrial Designs, Layout Designs of Integrated Circuits, Trademarks, Commercial Names, Commercial Slogans, Designations of Origin and the Repression of Unfair Competition.

There are jurisdictions where the terms “Intellectual Property” and “Industrial Property” are used interchangeably with the same meaning.

What does Intellectual Property protect?

Through the legal concepts grouped under “Intellectual Property” legal protection is provided to intellectual creations in the artistic sphere.

Is it possible to obtain discounts in the payment of fees to the IMPI? Who is eligible for these discounts?

Micro- and small industry, public sector research institutes, educational institutions and independent inventors.

Is there any tax benefit in recognizing a trademark, patent or other intangible asset for tax purposes?

According to Financial Information Standard C-8, intangible assets may be subject to valuation and depreciation at a 15% annual rate.