IP LECTURE NOTES

I.
Basic Intellectual Property Information
-What is IP? (WIPO Definition)
IP refers to creations of the mind: inventions, literary and
artistic works and symbols, names, images and designs
used in commerce.
-Pertinent Constitutional Provisions
a. Article XIV, Sec. 13 The Benefit to the People
Proviso
The state shall protect and secure the exclusive right of
scientists, inventors, artists and other gifted citizens to
their intellectual property and creations, particularly when
beneficial to the people for such period as may be provided
by law.
b. Art. XIV Secs 10 and 12
ARTICLE XIV
SCIENCE AND TECHNOLOGY
Section 10. Science and technology are essential for national
development and progress. The State shall give priority to research
and development, invention, innovation, and their utilization; and to
science and technology education, training and services. It shall
support indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the countrys
productive systems and national life.
Section 12. The State shall regulate the transfer and promote the
adaptation of technology from all sources for the national benefit. It
shall encourage the widest participation of private groups, local
governments and community-based organizations in the generation
and utilization of science and technology.
c. Art. XII, Sec. 6 vis--vis Sec. 2 of the IP Code
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY
Section 6. The use of property bears a social function, and
all economic agents shall contribute to the common good.
IP CODE
Section 2. Declaration of State policy
The State recognizes that an effective intellectual and
industrial property system is vital to the development of
domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures
market access to our products. It shall protect and secure
the exclusive rights of scientist, inventors, artists and other
gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such periods
as provided in this Act.
The use of intellectual property bears a social
function. To this end, the State shall promote the diffusion
d. Article XII, Secs. 14 and 19

Section 14. The sustained development of a reservoir of

national
talents
consisting
of
Filipino
scientists,
entrepreneurs,
professionals,
managers,
high-level
technical manpower and skilled workers and craftsmen in
all fields shall be promoted by the State. The State shall
encourage appropriate technology and regulate its transfer
for the national benefit.
Section 19. The State shall regulate or prohibit monopolies
when the public interest so requires. No combinations in
restraint of trade or unfair competition shall be allowed.
- Civil Law Basis Articles 712; 721; 722; 724
- Art. 721 of the Civil Code
By intellectual creations, the following persons acquire
ownership (ACPS):
a. the AUTHOR, with regard to his literary, dramatic,
historical, legal, philosophical, scientific or other
work;
b. the COMPOSER, as to his musical composition;
c. the PAINYRT, SCULPTOR, or other ARTIST, with
respect to product of his art;
d. the SCIENTIST or TECHNOLOGIST or any other person
with regard to his discovery or invention
-Historical Background - Mirpuri v. CA (GR No.
114507, 19 Nov. 1999); Taada v. Angara
II.
-precursors of modern patent system began in England in
the 12th century
-person who introduced a technology imported abroad was
granted an incentive (LETTERS PATENT) which means an
open letter = gives him monopoly powers or sole right to
use it for a period enough to establish a new industry to
shield him from competition during the formative years of p
WHAT IS A GEOGRAPHICAL INDICATION?
-An indication identifying a certain good wherein a given
a. quality
b. reputation
c. other characteristics
of the good is essentially attributable to its geographical
origin.
-IP right for collective use. (For example, everybody in
Florida can claim Florida oranges
GIs FOR WHAT PRODUCTS
- Agricultural products
- Handicrafts
- Industrial Products
WHY GIs?
Point of view of consumers

-Obtain information on the origin of the product: help

consumers to make their choice.
Differentiate a product in a competitive market
Contribute to preserve Traditional Knowledge and folklore
- Describe traditional processes
- Value and maintain traditional processes
Rural development potential
SOME CHALLENGES
-Develop a fair GI-scheme
- Costs
National Treatment Principle the goods of the different
countries enjoy a level playing field