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Disney in intellectual property

Eduardo Cabrera Gordillo Abogado de Sergio Cabrera Abogados

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Saturday, August 1, 2020

The amazing history of American animation represented by Walter Elías Disney, commonly called Walt Disney, symbolizes one of the most iconic entrepreneurs in the entertainment industry.Disney's creativity, went beyond the animation of his most emblematic Mickey Mouse character, because today, he is a gigantic multinational that focuses on the exploitation of his portfolio of intellectual property rights as his most valuable intangible asset.

Disney en la propiedad intelectual

The Walt Disney industry is an entertainment empire that exceeded borders and barriers of the international market, regardlessPluto, Donald Pato, Dumbo, Goofy, Cinderella, Snow White, Pocahontas, Alicia, Winnie The Pooh and among many others.

The prestige, notoriety and recognition of the Walt Disney industry is protected in two fundamental pillars of intellectual property protection.The first, from the perspective of copyright and copyright and the second, from industrial property right, strictly under the right of brands and trademares.

In 1928, Disney produced his first short film called "Streamboat Willie", which includes the beginnings of the symbolic animated mouse, commonly called Mickey Mouse.

In 1998, the Walt Disney company approaching the imminent expiration of exploitation rights over its first works, influenced a powerful pressure group in the American animation industry, driven by achieving in Congress the prolongation of the duration of Copyright.

In this way, multiple companies in the American film industry, achieved the extension of the protection of the works of exploitation of the works, implemented through the copyright term extension Act, also popularly called the “Mickey Mouse Protection Law”.

Under this extension, the duration of Disney's American works obtained an extension of Copyright for a term of (20) additional years.Therefore, the year 2023 for the Walt Disney company, will be a fairly disturbing date for the international market, as the first short films that the valuable animated mouse Mickey Mouse would enter the public domain.

Reason why, the big question arises: Is the protection that Disney holds to protect its intellectual property rights, even the first Mickey Mouse cartoon in the public domain?Undoubtedly, a debate on the right of exclusivity granted by the robust portfolio of internationally owned brands of the Disney Enterprises company is approaching the popularized use of Disney works when they are in domain of public domain when they are in domain of public..

The double protection at the scoring level and in the field of copyright, is an “ace under the sleeve” that the Disney Enterprises company, INC.This giant of castles, mice and animated princesses will be the focus of great debates, new questions and legal disputes over the next few years, getting closer and more to 2023, date on which multiple artistic creations will enter into public domain becoming The humanity.

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  • How to register the copyright of your clothing brand

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