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- Exodus 20:15
I. INTRODUCTION:
It is that branch of law that protects ideas. Intellectual Property law deals with the rules for
securing and enforcing legal rights to inventions, designs, and artistic works. Just as the
law protects ownership of personal property and real estate, so too does it protect the
exclusive control of intangible assets. The purpose is to give incentive for people to
develop creative works that can benefit society, ensuring they can profit from their works
without fear of misappropriation.
The Constitution explicitly recognized the exclusive rights 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. 1
Under the Civil Code, ownership is acquired through (1) The author with regard to his
literary, dramatic, historical, legal, philosophical, scientific or other work; (2) The
composer; as to his musical composition; (3) The painter, sculptor, or other artist, with
respect to the product of his art; (4) The scientist or technologist or any other person with
regard to his discovery or invention.2
In addition, the creator or author of the works are protected by the law 3 and special laws.4
The 3 main types of Intellectual Property Law mainly recognized in our country are; a)
Trademark, b) Copyright, c) Patent.
6 See http://www.wipo.int/trademarks/en/
7 See http://www.wipo.int/copyright/en/
8 See http://www.wipo.int/patents/en/
9 Kho vs. Court of Appeals, 379 SCRA 410, G.R. No. 115758 March 19, 2002
What is the Rationale for Intellectual Property: a) It is the natural right of a person to own
his creation. It is just right to give credit where credit is due, b) Moral rationale - It is not
right to steal, c) Economic incentive rationale the prospect of reward for the creator or
inventor, d) To increase competition, e) Social benefit rationale (for the benefit of the
public)
Intellectual property right matters, Because you own your creation or invention even if it is
intangible asset. Intangible assets are as equally important and valuable as tangible
assets, It fetches you money, fame and recognition, It is a key business asset, Intellectual
Property is used for marketing goods and services if in the form of trademark or service
mark. If you want to market your good or service you give it an indication or a name so
consumers can identify your goods, products and services. Consumers can associate
value and quality with your product, It spurs the economy. It gives the economy a boost, It
incentivizes the creator or the inventor by giving him the rewards in monetary value.
If the creator does not get these, he would not want to create again.
Intellectual property, however, can be in conflict with public access. It grants a form of
monopoly that restricts peoples access to something. Thus, IP Law must be balanced with
a strong competition law.
The point of granting Intellectual property rights are, IP is an incentive system designed
to encourage individuals to create, to invent, to innovate, BUT the higher purpose of IP is
to improve the lives of the public. It operates on the assumption that everyone would
benefit from the creation of more works. Thus, IP is granted under the beneficial to the
people clause of the Constitution, IP, however, can be in conflict with public access. It
grants a form of monopoly that restricts peoples access to something. Thus, IP Law must
be balanced with a strong competition law.
The Paris Convention, adopted in 1883, applies to industrial property in the widest sense,
including patents, trademarks, industrial designs, utility models, service marks, trade
names, geographical indications and the repression of unfair competition. This
international agreement was the first major step taken to help creators ensure that their
intellectual works were protected in other countries.12
The Rome Convention secures protection in performances for performers, in phonograms
for producers of phonograms and in broadcasts for broadcasting organizations. WIPO is
responsible for the administration of the convention jointly with the International Labour
Organization (ILO) and the United Nations Educational, Scientific and Cultural
Organization (UNESCO).13
III. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS:
Since ownership is vests under the creator or author of the idea, the law recognizes the
right of the latter. As such, infringement of any kind will be apprehended by the law. 14
IV. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS IN SOUTHEAST ASIAN
COUNTRIES:
intellectual property rights are widely violated specially in Southeast asian countries. 15
11 See http://www.wipo.int/treaties/en/ip/berne/
12 See http://www.wipo.int/treaties/en/ip/paris/
13 See http://www.wipo.int/treaties/en/ip/rome/
15 See http://internationalpropertyrightsindex.org/asean
The
16 See http://internationalpropertyrightsindex.org/asean
17 Id.
According to World Intellectual Property Office, economic growth plays a major part when
it comes to the implementation of Intellectual Property Law. 18
What we can therefore conclude in terms of the implementation of Intellectual Property
Law is that, Developed countries have been keen on protecting their IPR; however, as it is a
fairly new
concept to developing and less-developed countries and regions, the relevant IPR policies
are
still under development and/or at an early implementation stage. 19
It is obviously difficult and a time consuming process for developing countries with
insufficient administrative resources to create the rather sophisticated administration that
an intellectual property rights system requires. This concerns first of all IP offices that are
usually part of the government and as such pay wages that cannot compete with the
private sector. Under the circumstances, it is difficult to attract technically qualified
personnel. There are further concerns about the slow development of the IP profession in
general and of the patent attorney profession in particular. In those countries with more
developed IP systems, specialized training programs for the profession are now becoming
available. We can therefore conclude that protecting Intellectual Property Law are not easy
to implement especially when a country is limited as to its resources for the
implementation of said law. Hence, we should also consider the facts and circumstances
surrounding in southeast asian countries in terms of their implementation of Intellectual
Property Law.20
After all, as the saying goes, Dont Judge a book with its cover.
18 See http://www.wipo.int/edocs/pubdocs/en/intproperty/953/wipo_pub_953.pdf
19 See https://sea-eu.net/object/document/130/attach/IPR_final24032014.pdf
20 See https://pdfs.semanticscholar.org/1988/b14327f0dd592d08700f77076ccbbd144e55.pdf
Atty.
Legal Research and Thesis Writing
Makel Deric Manabo
3rd Year JD - A
Perez