Intellectual

Property Rights
What are Intellectual Property Rights?

A right that is had by a person or by a

company to have exclusive rights to use its own
plans, ideas, or other intangible assets without
the worry of competition, at least for a specific
period of time. These rights can include
copyrights, patents, trademarks, and trade
secrets. These right may be enforced by a court
through a lawsuit.The reasoning for intellectual
property is to encourage innovation without fear
that a competitor will steal the idea and/or take
the credit for it.
 Intellectual Property Rights
under the Intellectual Property
Code of the Philippines
1. Copyright and Related Rights
2. Trademark and Servicemark
3. Geographic Indications
4. Industrial Designs
5. Patents
6. Layout Design of Integrated Circuits
7. Protection of Undisclosed Information
1. Copyright and Related Rights

A copyright is the legal

protection extended to the owner of
the rights in an original work.
Original work refers to every
production in the literary, scientific,
and artistic domains.
 Types of Rights under the Law of
Copyright
Economic Rights Moral Rights

This allows a creator to These rights allow the

ask for or obtain author of the work to
payment for the use of maintain his or her
his or her work by third personal connection to
parties the work, and to
undertake measures in
order to protect this
connection.
 Types of Rights under the Law of
Copyright
Resale Rights
The author and his
or her heirs have the
inalienable right to partake
of 5% of the proceeds of
the sale or lease of his or
her original work. This
inalienable right is in effect
during the lifetime of the
author, and for fifty years
after his or her death.
Related Rights
Related rights are the
rights of those whose help the
author avails of in order to
assist him in producing his
work, and distributing this work
to the public. These rights are
also referred to as
"neighboring rights" and
include the following:
- Rights of performers
- Rights of producers of
sound recordings
- Rights of broadcasting
organizations
2. Trademarks and Service Marks

A trademark is specifically a
creation to identify a business
product. A trademark can be any
word, name, symbol, or device, or
any combination which is used or
intended to be used to identify and
distinguish the goods of one
company from those of others.
2. Trademarks and Service Marks

● A service mark is the same type of

device as a trademark, but service
marks distinguish the services of one
company from those of another
provider.
● A service mark can be a phrase, a
logo, a graphic, a name, or other mark
that identifies your business as a
provider of services distinct from other
businesses.
2. Trademarks VS. Service Marks

A trademark offers A service mark, or

legal protection for a servicemark, offers
symbol, logo, similar protection for
phrase, word, services.
design, or name that
represents goods or
products.
 2. How Do I register a Trademark
or Servicemark?
Intellectual property, sometimes abbreviated
as "IP," is handled in the same way as other
types of property, except that these assets
must be registered somehow so it's clear who
owns them, and to prevent others from using
this property without permission or payment.
3. Geographic Indications

A geographical indication is a
sign used on products that have a
specific geographical origin and
possess qualities or a reputation that
are due to that origin.
The manufactured goods should
be produced or processed or
prepared in that territory.
3. Geographic Indications

● In addition, the qualities,

characteristics or reputation of the
product should be essentially due to
the place of origin.
● Since the qualities depend on the
geographical place of production,
there is a clear link between the
product and its original place of
production.
Benefits of Geographic Indication

● It confers legal protection

● Prevents unauthorized use of a
Registered Geographical Indication
by others.
● It promotes economic prosperity of
producers of goods produced in a
geographical territory.
● Boosts the exports.
4. Industrial Designs
What they do:
Industrial designers combine art, business, and
engineering to develop the concepts for
manufactured products.

Work Environment:
Industrial designers work in a variety of industries.
Although industrial designers work primarily in
offices, they may travel to testing facilities, design
centers, clients’ exhibit sites, users’ homes or
workplaces, and places where the product is
manufactured.
5. Patents

What is a Patent?

A patent is the legal document that

describes the invention and grants a property
right to the inventor(s) or their successor(s). It
is an exclusive right granted for an invention,
providing patent owners with protection for
their inventions. Protection is granted for a
limited period, generally 20 years.
5. Patents

What rights do patent owners have?

A patent owner has the right to decide

who may or may not use the patented invention for
the period during which it is protected. Patent
owners may give permission to, or license, other
parties or users to use their inventions on mutually
agreed terms. Owners may also sell their invention
rights to someone else, who then becomes the new
owner of the patent.
5. Patents

What can be Patented?

To be patented, an invention should be new and must

be useful or have an industrial application.The invention
must show an “inventive step” that could not be deduced by
a person with average knowledge of the technical field. Its
subject matter must be accepted as “patentable” under and it
must show an element of “novelty”.

Examples of patentable items are business methods,

computer software, computer hardware, computer
accessories, games, jewelries, machines, etc. In most
countries, scientific theories, mathematical methods, plant or
animal varieties, discoveries of natural substances are
generally not patentable.
5. Patents

Why is Patent Necessary?

Patents are a long-established means of

encouraging innovation, which in turn enhances the quality of
human life. They do this by protecting the holder from the
fraudulent use, sale or manufacture of products or processes
incorporating technologies developed by the patent holder,
ensuring that inventions are made public, thus contributing to
scientific progress and promoting creativity and innovation by
others, preventing inventions that require high development
costs from being copied by competitors at no cost and
provides a form of recognition for creativity
6. Layout Designs of Integrated
Circuits
Integrated circuits – commonly known as
“chips” or “micro-chips” – are the electronic
circuits in which all the components
(transistors, diodes and resistors) have been
assembled in a certain order on the surface of
a thin semiconductor material
7. Protection of Undisclosed
Information
Undisclosed Information is any confidential
business information which provides an enterprise a
competitive edge and is kept secret.

The unauthorized acquisition, use or disclosure of

such secret information in a manner contrary to
honest commercial practices by others is regarded
as an unfair practice and a violation of the trade
secret protection.
7. Protection of Undisclosed
Information
How are Trade Secrets Protected?

Contrary to patents, trade secrets are protected

without registration, that is, trade secrets require no
procedural formalities for their protection. A trade
secret can be protected for an unlimited period of
time, unless it is discovered or legally acquired by
others and disclosed to the public.
QUIZ!
 Fill in the blanks
Intellectual property rights may be
enforced by a 1. ________
through a 2.__________.
 Fill in the blanks
The reasoning for intellectual property
is to encourage innovation without
fear that a 3._______ will steal the
idea and/or take the credit for it.
4. It is the legal protection extended
to the owner of the rights in an
original work.
5. Is The Big Mac in Mcdonald’s a
trademark or servicemark?
6. It is a sign used on products that
have a specific geographical origin
and possess qualities or a reputation
that are due to that origin.
 7. Is a combine art, business, and
engineering to develop the concepts
for manufactured products.
8. In general, what product or
material can be patented?
9. Integrated circuits are essential
elements for electrical products.
Integrated circuits are also known
as _______.
 10. Any confidential business
information which provides an
enterprise a competitive edge and
is kept secret.
Sources

● WIPO World Intellectual Property Organization

(https://www.wipo.int/geo_indications/en/#accordion__collap
se__01)

● Intellectual Property Rights

(http://www.businessdictionary.com/definition/intellectual-
property-rights.html)

(http://www.chanrobles.com/legal7code.htm#.XcAPs-gzbIW)

● https://www.thebalancesmb.com/trademarks-and-service-
marks-397829
● https://www.upcounsel.com/trademark-vs-service-mark

● https://www.wipo.int/patents/en/topics/integrated_circuits.ht
ml