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INTELLECTUAL PROPERTY

The Law on Patents Invention made in the course of employment


contract
INVENTION; PATENTABLE INVENTION Employee: if not part of regular
Any technical solution of a problem duties
in any field of human activity which is new, Employer: if part of regularly-
involves an inventive step and is industrially assigned duties
applicable
May be or may relate to a product,
process or improvement of any of the
foregoing

NOVELTY
Must not form part of a prior art RIGHT OF PRIORITY
Application for patent filed by any
Prior Art person who previously applied for the same
Made available to public anywhere in invention in the foreign country shall be
the world, by filing or priority date of considered as filed as of the date of filing the
application claiming the invention foreign application
Application expressly claims
INVENTIVE STEP priority
An inventive step if having regard to Filed within 12 months from
prior art, it is not obvious to a person skilled in earliest foreign application
the art at the time of the filing or priority date Certified copy of foreign
of the application application

INDUSTRIAL APPLICABILITY APPLICATION


Can be produced and used in any Request for grant
industry Description of the invention
Drawings for understanding invention
RIGHT TO A PATENT Claims
Belongs to the inventor, his heirs, or Abstract
assigns; jointly between two or more persons
who made invention jointly No patent may be granted unless the
application identifies the inventor
FIRST TO FILE RULE
The right to the patent shall belong to DISCLOSURE
the person who filed an application who has Disclose the invention in a manner
the earliest filing or priority date sufficiently clear and complete to be carried
out by a person skilled in the art
INVENTIONS PURSUANT TO A
COMMISSION ABSTRACT
The person who commissions owns Concise summary of the disclosure
the patent, unless otherwise provided in the and must be drafted in a way which allows the
contract clear understanding of the technical problem,
the gist solution of that problem through the 3) For the purpose of experiments that
invention, and the principal use or uses of the relate to the subject matter of the
invention patent
4) Preparation for individual cases of a
PROCEDURE medicine in accordance with
(1) FILING prescription
(2) FORMALITY EXAMINATION 5) Used in any ship, vessel entering PH
(3) CLASSIFICATION & SEARCH temporarily or accidentally; used
(4) PUBLICATION exclusively for the needs of the ship
a. IPO Gazette and not for the manufacturing of
b. 18 months anything to be sold in PH
(5) SUBSTANTIVE EXAMINATION 6) PRIOR USER
(6) GRANT/REFUSAL Any prior user who, in good
faith, has been using the invention in
TERM OF PATENT his enterprise or business before the
20 years from filing date filing date of the application
Annual fees upon 4 years from Right may only be transferred
application or assigned together with enterprise
or business
CANCELLATION 7) USE BY GOVERNMENT
Termination of all patent rights For public interest: national
Grounds: security, nutrition, health or
Invention not new or patentable development of other sectors
Disclosure not clear and complete Manner of exploitation
Contrary to public order or morality determined by judicial or
administrative body
RIGHTS OF PATENTEES
Exclusive Rights
If product: restrain, prohibit and
prevent making, using, offering for sale or INFRINGEMENT
importing Tests:
If process: restrain, prevent or prohibit LITERAL INFRINGEMENT
from using process and manufacturing, DOCTRINE OF EQUIVALENTS
dealing in, using, selling or offering for sale, or
importing product obtained from such process CRIMINAL ACTION FOR REPETITION OF
INFRINGEMENT

UTILITY MODELS
LIMITATIONS OF PATENT RIGHTS Invention that is new and industrially
1) Using patented product that has been applicable
put in the market Expires in SEVEN YEARS, without
2) Act done privately and on a non- renewal
commercial scale; economic interests
not prejudiced PATENT MAY BE CONVERTED TO UTILITY
MODEL AT ANY TIME BEFORE GRANT
Protected as new works
INDUSTRIAL DESIGN
Lines or colors or any three- ECONOMIC RIGHTS
dimensional form 1) Reproduction Right
Special appearance 2) Transformation Right
Pattern for industrial product 3) First Public Distribution Right
or handicraft 4) Rental Right
For audiovisual or
Conditions for protection cinematographic work, sound
New or original recording, computer program,
Obtains technical result data
5) Public Display
Term 6) Public Performance
5 YEARS 7) Other communication to the public
Renewed for not more than 2
consecutive periods OWNERSHIP
Literary & Artistic works: authors
Joint authorship: co-authors
During employment
Employee if not related
Employer if related
Commissions
Object: commissioner
Copyright: author
Audiovisual: producer exercises

ANONYMOUS/PSEUDONYMOUS

LIMITATIONS ON COPYRIGHT
FREE USE
FAIR USE

WORK OF ARCHITECTURE
Right to control the erection of any
building which reproduces in whole or a
substantial part of the work
INTELLECTUAL PROPERTY
The Law on Copyright MORAL RIGHTS
1) Right of Attribution
LITERARY & ARTISTIC WORKS 2) Integrity of work
Original intellectual creations 3) Right against false attribution
In the literary & artistic domain
Protected: moment of creation

DERIVATIVE WORKS
SUBSEQUENT TRANSFERS
5% max from sale proceeds

TERM
Authors lifetime
+ 50 years

PERFORMERS RIGHTS
Broadcasting and other
communication to the public
Fixation
Live aural performance

PRODCUERS RIGHTS
Reproduction
First public distribution
Commercial rental

BROADCASTING ORGANIZATIONS
Rebroadcasting
Recording
Use for fresh transmissions
Limitations:
Personal purposes
Reporting current events
Teaching/scientific research
Fair use

INFRINGEMENT