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Background/Introduction

The objects of intellectual property are the


creations of the human mind, the human intellect
hence the expression “intellectual” property. In a
somewhat simplified way, one can state that
intellectual property relates to pieces of
information which can be incorporated in tangible
objects at the same time in an unlimited number of
copies at different locations anywhere in the
world. The property is not in those copies but in
the information reflected in those copies. Similar
to property in movable things and immovable
property, intellectual property, too, is
characterized by certain limitations
“Intellectual Property Rights”
consists of:
a. Copyrights and Related Rights;
b. Trademarks and Service Marks;
c. Geographical Indications;
d. Industrial Designs;
e. Patents;
f. Lay-out designs (Topographies) of
Integrated Circuits; and
g. Protection of Undisclosed Information
ABOUT PATENTS
A Patent is a grant issued by the
government through the Intellectual
Property Office of the Philippines (IP
Philippines). It is an exclusive right
granted for a product, process or an
improvement of a product or process which
is new, inventive and useful. This
exclusive right gives the inventor the
right to exclude others from making,
using, or selling the product of his
invention during the life of the patent.
Importance of Patent
Registration

• The patentee can be a sole supplier


of the patented invention
• Allow any third party to use the
patented invention for licensing fee
PATENTABLE INVENTIONS
• A Technical Solution to a Problem
• in any field of human activity
• It must be NEW
• It must involve an INVENTIVE STEP
• It must be INDUSTRIALLY APPLICABLE
Statutory Classes of Invention
• A useful machine
• A product or composition
• A method or process, or
• an improvement of any of the foregoing
• Microorganism
• Non-biological & microbiological process
Non-Patentable Inventions
• Discovery
• Scientific theory
• Mathematical methods
• Scheme, rule and method of performing
mental act
• playing games
• doing business
• program for computer
• Method for treatment – human or animal body
by Surgery or therapy & diagnostic method
• Plant variety or animal breed or
essentially Biological processes for the
production of plants and animals
• Aesthetic creation
APPLICATION

Applicant or Inventor First obtain


practical ideas as to how specification
and claims are drafted by perusal and
study of patents previously granted on
related invention in the IPP Library or
to any IP website
ABOUT INDUSTRIAL DESIGN
An industrial design is the ornamental or
aesthetic aspect of an article. The
design may consist of three-dimensional
features, such as the shape or surface of
an article, or of two-dimensional
features, such as patterns, lines or
color. Industrial designs are applied to
a wide variety of products of industry
and handicraft: from technical and
medical instruments to watches, jewelry,
and other luxury items; from house wares
and electrical appliances to vehicles;
from textile designs to leisure goods.
ABOUT TRADEMARK
WHAT IS A TRADEMARK? WHY IS IT IMPORTANT?

A trademark is a tool used that


differentiates goods and services from
each other. It is a very important
marketing tool that makes the public
identify goods and services. A
trademark can be one word, a group of
words, sign, symbol, logo, or a
combination of any of these. Generally,
a trademark refers to both trademark
and service mark, although a service
mark is used to identify those marks
used for services only
What may be registered?
Your mark should be able to distinguish
your goods or services from those of
others. Your mark should also meet the
requirements for registrability of marks
under Sec. 123.1 of the Intellectual
Property Code.
HOW CAN YOU PROTECT YOUR MARK?

In the Philippines, a trademark can be


protected through registration.

Registration gives the trademark owner


the exclusive right to use the mark and
to prevent others from using the same
or similar marks on identical or
related goods and services.
What may be registered?
Your mark should be able to distinguish
your goods or services from those of
others. Your mark should also meet the
requirements for registrability of
marks under Sec. 123.1 of the
Intellectual Property Code
Your mark will not be registered
if it is:
 DESCRIPTIVE
 MISLEADING
 GENERIC and customary to trade
 Contrary to Public Order or
Morality
 CONSISTS OF NAMES, PORTRAITS OF
PERSONS, MAPS, FLAGS AND OTHER
POLITICAL SYMBOLS
 SHAPE AND COLOR
 MARKS THAT MAY CAUSE CONFUSION
WHAT IS COPYRIGHT?

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 domain. Among the literary
and artistic works enumerated in the IP
Code includes books and other writings,
musical works, films, paintings and other
works, and computer programs.
WHAT ARE THE WORKS COVERED BY
COPYRIGHT PROTECTION UNDER THE
INTELLECTUAL PROPERTY CODE?
Section 172 of the IP Code lists the works
covered by copyright protection from the moment
of their creation, namely
(a) Books, pamphlets, articles and other
writings
(b) Periodicals and newspapers
(c) Lectures, sermons, addresses,
dissertations prepared for oral
delivery, whether or not reduced in
writing or other material form
(d) Letters
(e) Dramatic or dramatico-musical
compositions; choreographic works
or entertainment in dumb shows
(f) Musical compositions, with or
without words
(g) Works of drawing, painting,
architecture, sculpture, engraving,
lithography or other work of art;
models or designs for works of art
(h) Original ornamental designs or
models for articles of manufacture,
whether or not registrable as an
industrial design, and other works
of applied art
(i)Illustrations, maps, plans,
sketches, charts and three-dimensional
works relative to geography topography,
architecture or science
(j)Drawings or plastic works of a
scientific or technical character
(k)Photographic works including works
produced by a process analogous to
photography; lantern slides
(l)Audiovisual works and cinematographic
works and works produced by a process
analogous to cinematography or any
process for making audio-visual recordings
(m) Pictorial illustrations and
advertisements
(n) Computer programs
(o) Other literary, scholarly, scientific
and artistic works.
WHAT ARE THE TWO TYPES OF RIGHTS
UNDER COPYRIGHT?

There are two types of rights under


copyright:
1) economic rights, so-called because they
enable the creator to obtain
remuneration from the exploitation of
his works by third parties, and

2) moral rights, which makes it possible


for the creator to undertake measures
to maintain and protect the personal
connection between himself and the
work.
Copyright ownership

Generally, the natural person who created


the literary and artistic work owns the
copyright to the same.
WHAT IS THE TERM OF PROTECTION OF
COPYRIGHT?

The term of protection of copyright for


original and derivative works is the
life of the author plus fifty (50)
years after his death.
WHAT ARE THE LIMITATIONS ON
COPYRIGHT AND FAIR USE?

Copyright protection is not intended to


give the copyright owner absolute
control over all possible exploitation
of his work. The law provides for
limitations (“statutory fair uses”) on
the economic rights of authors
comprising of acts which do not
constitute copyright infringement even
if done without the consent of the
copyright holder
WHAT CONSTITUTES INFRINGEMENT?

Under the IP Code, Copyright infringement


consists in infringing any right secured
or protected under the Code. It may also
consist in aiding or abetting such
infringement. The law also provides for
the liability of a person who at the time
when copyright subsists in a work has in
his possession an article which he knows,
or ought to know for the purpose of:
 Selling or letting for hire, or by way

of trade offering or exposing for sale


or hire, the article;

 Distributing the article for the


purpose of trade, or for any other
purpose to an extent that will
prejudice the rights of the copyright
owner in the work; or

 Trade exhibit of the article in public.


Recognition of Intellectual Property
The state recognizes that an effective
intellectual and industrial property system
is vital to the development of domestic and
creative activity, facilities transfer of
technology, attracts foreign investments,
and ensures market access for our products.
It shall protect and secure 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 periods.
Republic Act No. 8293 was approved into law
to protect Intellectual Property Right (IP).
The Intellectual Property Office of
the Philippines (IPOPHL)

IPOPHL is the lead agency responsible for


handling the registration and conflict
resolution of intellectual property
rights. It was created by virtue of
Republic Act No. 8293 or the Intellectual
Property Code of the Philippines, which
took effect on January 1, 1998 under the
presidency of Fidel V. Ramos.
THE INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES
[Republic Act No. 8293]
AN ACT PRESCRIBING THE
INTELLECTUAL PROPERTY CODE AND
ESTABLISHING THE INTELLECTUAL
PROPERTY OFFICE,PROVIDING FOR ITS
POWERS AND FUNCTIONS, AND FOR
OTHER PURPOSES.
Section 1.Title. - This Act shall be
known as the "Intellectual
Property Code of the Philippines."
Sec. 4.Definitions.-

4.1. The term "intellectual property


rights" consists of:

[a] Copyright and Related Rights;


[b] Trademarks and Service Marks;
[c] Geographic Indications;
[d] Industrial Designs;
[e] Patents;
[f] Layout-Designs (Topographies) of
Integrated Circuits; and
[g] Protection of Undisclosed
Information
Sec. 5.Functions of the Intellectual
Property Office (IPO). -

5.1. To administer and implement the


State policies declared in this Act, there
is hereby created the Intellectual
Property Office (IPO) which shall have the
following functions:

[a] Examine applications for grant of


letters patent for inventions and
register utility models and
industrial designs;
[b] Examine applications for the
registration of marks, geographic
indication, integrated circuits;

[c] Register technology transfer


arrangements and settle disputes
involving technology transfer
payments covered by the provisions of
Part II, Chapter IX on Voluntary
Licensing and develop and implement
strategies to promote and facilitate
technology transfer;
[d] Promote the use of patent
information as a tool for technology
development;

[e] Publish regularly in its own


publication the patents, marks,
utility models and industrial
designs, issued and approved, and
the technology transfer arrangements
registered;

[f] Administratively adjudicate


contested proceedings affecting
intellectual property rights; and
[g] Coordinate with other government
agencies and the private sector
efforts to formulate and implement
plans and policies to strengthen
the protection of intellectual
property rights in the country.
Sec. 6.The Organizational Structure of
the IPO.

6.1. The Office shall be headed by a


Director General who shall be
assisted by two (2) Deputies
Director General.

6.2. The Office shall be divided into six


6) Bureaus, each of which shall be
headed by a Director and assisted by
an Assistant Director.
These Bureaus are:

[a] The Bureau of Patents;


[b] The Bureau of Trademarks;
[c] The Bureau of Legal Affairs;
[d] The Documentation, Information and
Technology Transfer Bureau;
[e] The Management Information System
and EDP Bureau; and
[f] The Administrative, Financial and
Personnel Services Bureau.