intellectual property

INTELLECTUAL PROPERTY
learningOutcomes:
Learning outcomes
Demonstrate knowledge and appreciation of IP protection.
Demonstrate information on copyright, patent, and trademark.
Explain the concepts and laws on intellectual property.

introduction to
Introduction tointellectual
Intellectual property
Property
In technopreneurship, your ideas and innovations are your most powerful assets.
Unlike traditional businesses that rely on physical products like clothes or food, technopreneurs often
create things you can’t touch — like apps, websites, software, designs, and systems.
These ideas may seem simple at first, but if developed and protected properly, they can turn into successful
businesses.
Example:
Facebook grew because it protected its platform and technology.
Shopee built a strong brand and trademark.
Apple made sure no one could copy the iPhone design through patents.
They didn’t become successful overnight. A big part of their growth came from protecting their ideas so that
others couldn’t steal or copy them.
This protection is called Intellectual Property (IP).
Definition: Intellectual Property refers to creations of the mind that are legally owned and protected by the
creator or owner.
In the Philippines, intellectual property rights are protected by Republic Act No. 8293, known as the
Intellectual Property Code of the Philippines. The agency in charge is the Intellectual Property Office of the
Philippines (IPOPHL).
It is important to understand IP because in today’s world, a single good idea can grow into a big business. But
if it’s not protected, someone else can take it — and you may lose your chance.

WHY INTELLECTUAL PROPERTY PROTECTION IS IMPORTANT

Many startup businesses and technopreneurs lose opportunities because they don’t understand or apply IP
protection. Here are some key reasons why protecting IP is crucial:
1. OWNERSHIP AND CONTROL
When you protect your IP, you become the legal owner of your work. You control how it’s used, who can use it,
and how it can be shared or sold.
Example: If you created a mobile app, you can decide whether to sell it, give someone permission to use it, or
keep it private. No one else can just take it without your consent.
2. PREVENTS OTHERS FROM COPYING
With IP protection, you can stop others from stealing or copying your idea.
In the business world, there will always be competitors. If your work isn’t protected, it’s easy for them to
duplicate what you’ve built and profit from it.
Example: Dyson patented its bladeless fan design, so no competitor could legally produce the same product
without permission.
3. INCREASES BUSINESS VALUE
Protected intellectual property adds value to your business. Investors are more likely to support a startup that
owns its innovations because it shows security and originality.
Example: Startups with trademarks and patents often attract more funding because investors know their
ideas are legally protected.
4. BUILDS BRAND RECOGNITION AND TRUST
Trademarks, logos, and names give your business a unique identity. When customers see a familiar brand,
they associate it with quality, trust, and credibility.
Example: When people see the Jollibee logo, they know exactly what kind of product and service to expect.
That’s the power of a trademark.
5. CAN BE LICENSED OR SOLD
IP can be a source of income. If you own a patent or a trademark, you can license it to other companies or
even sell it.
Example: Netflix licenses films and shows from other companies. Software companies like Microsoft license
their products to schools and businesses.
intellectual property
INTELLECTUAL PROPERTY
typesOF
TYPES of ip
ip PROTECTION
protection
1. COPYRIGHT
Copyright is a legal protection for original works like books, articles, music, art, films, software, website
designs, graphics, and more.
It gives the creator the exclusive right to use, distribute, and reproduce their work.
a. What It Covers:
Computer programs and mobile apps
Website designs and layouts
Music, videos, blogs, written works
Artwork, photography, illustrations
b. How Long It Lasts:
Lifetime of the author + 50 years after death (in the Philippines and many other countries).
c. Examples:
Microsoft owns the copyright to its Windows operating system.
Facebook owns the copyright to its platform design.
A student who creates an app owns the copyright to the code and interface.
d. Philippine Context:
Protected under RA 8293.
You can register your copyright at the National Library or IPOPHL.
e. Scenario:
A group of students makes a website for online tutoring. Another company copies their website design.
Because the students registered their copyright, they can file a legal complaint and protect their work.
2. PATENT
A patent protects new inventions or innovative solutions that are new, useful, and not obvious. It gives the
inventor the exclusive right to make, use, or sell the invention.
a. What It Covers:
New machines or tools
Technological processes
Innovative products
Software with a new and unique function (in some cases)
b. Requirements:
1. Novelty – Must be new and original.
2. Inventive Step – Must show creativity and innovation.
3. Industrial Applicability – Must be usable in real life.
c. How Long It Lasts:
Usually 20 years from the date of filing.
d. Examples:
Dyson patented the bladeless fan.
Google patented its PageRank algorithm.
Pharmaceutical companies patent their medicines and vaccines.
e. Philippine Context:
Patents must be filed and approved at IPOPHL.
No registration means no legal protection.
f. Scenario:
A Filipino inventor creates a solar-powered water purifier. After filing for a patent, no other company can
copy or sell the same product for 20 years without permission.
3. TRADEMARK
A trademark is a symbol, word, design, or slogan that identifies your business and distinguishes it from
others.
a. What It Covers:
Logos and brand names
Product names and slogans
Distinctive packaging or colors (in some cases)
intellectual property
INTELLECTUAL PROPERTY
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TYPES of ip
ip PROTECTION
protection
b. How Long It Lasts:
Indefinitely, as long as it’s being used and renewed.
c. Real-Life Examples:
Nike’s swoosh logo and “Just Do It” slogan are trademarked.
Jollibee’s bee mascot and logo are trademarked.
Shopee’s name and logo are trademarked.
d. Philippine Context:
Trademarks are registered at IPOPHL.
This prevents others from using similar names or logos that may cause confusion.
e. Scenario:
You start a business called “QuickEat” and register your logo. Later, another company tries to use “QuickEats”
with the same colors. Because you have a registered trademark, you can take legal action.

businesscontracts
business contracts
Even with strong IP protection, clear agreements are essential. Contracts help define roles, responsibilities,
and legal rights between individuals or organizations.
A. What Is a Contract?
A contract is a written agreement between two or more parties that can be legally enforced.
B. Basic Elements of a Valid Contract:
1. Offer – One party proposes something.
2. Acceptance – The other party agrees.
3. Consideration – Something of value is exchanged.
4. Mutual consent – Both sides agree willingly.
5. Legal purpose – The contract follows the law.
C. Common Contracts Used by Technopreneurs:
Non-Disclosure Agreement (NDA) – Keeps ideas secret during early stages.
Partnership Agreement – Defines how partners will work together.
Employment Contract – Ensures employees follow IP rules.
Service Contract – Sets expectations with clients.
Example:
When Google bought YouTube in 2006, they used legal contracts to transfer ownership, technology, and
employee agreements. Even small startups should use NDAs and clear agreements to protect themselves early
on.

legal issues
LEGAL ISSUES
Many startups fail because they ignore legal protection. Below are common legal issues technopreneurs face:
A. Common Legal Problems:
1. IP Theft – Someone copies your app or product.
2. Trademark Infringement – A competitor uses a similar name or logo.
3. Breach of Contract – One party doesn’t follow the agreement.
4. Data Privacy Violations – Mishandling of customer data.
5. Licensing Violations – Using others’ materials without permission.
B. How to Avoid These Problems:
Register your IP early at IPOPHL.
Use NDAs and contracts.
Respect other people’s IP.
Follow the Data Privacy Act of 2012.
Get legal advice when needed.
Example:
A local online store copied a foreign skincare brand’s name and logo. They were sued for trademark
infringement, forced to rebrand, and pay penalties.
intellectual property
INTELLECTUAL PROPERTY
case study
CASE STUDYexercise
EXERCISE
apple VS samsung patent war
Background
Apple Inc. and Samsung Electronics are two of the world’s largest smartphone companies. Apple is
known for the iPhone, while Samsung is known for its Galaxy smartphones.
In 2007, Apple released the first iPhone, which featured a touchscreen interface, a rectangular
shape with rounded corners, and a simple grid of icons. It quickly became a major success.
Later, Samsung released its Galaxy line of smartphones. Apple believed that Samsung had copied
the iPhone’s design and technology, and in 2011, Apple filed a lawsuit against Samsung for patent
infringement.
The Legal Issue
Apple claimed that Samsung copied:
The rectangular design with rounded corners of the iPhone
The grid-style icons on the home screen
Certain technological features that Apple had patented, such as the “bounce-back” scrolling
feature
Apple argued that these features were protected under their patents and design rights. According
to Apple, Samsung’s products were too similar to the iPhone, which could confuse customers and
damage Apple’s brand.
Samsung denied the allegations and stated that Apple was attempting to limit fair competition.
The Court Battle
This case became one of the most well-known intellectual property disputes in the technology
industry. It lasted for seven years and went through several courts in different countries.
In 2012, a U.S. jury awarded Apple $1.05 billion in damages.
Samsung appealed the decision multiple times, and the amount was eventually reduced after
further legal proceedings.
In 2018, Apple and Samsung reached a private settlement, officially ending the lawsuit.
Importance of the Case
The Apple vs. Samsung case highlighted how critical intellectual property protection is in the
technology and business world.
Apple was able to defend its innovations legally through patents.
Samsung was required to pay a large amount because of patent infringement.
The case showed that even small design and technological details can be extremely valuable
when protected by intellectual property law.
Lessons from the Case
Intellectual property protection can have a major impact on a company’s success. Apple was
able to protect its product from one of its largest competitors.
Innovation must be original. Even small similarities can lead to legal consequences if another
company owns the intellectual property.
IP disputes can be long and expensive. This case took years and involved high legal costs.
IP protection is a powerful business tool, even for startups and small innovators. Securing IP
rights early can prevent larger companies from taking advantage of your ideas.
Discussion Questions
[Link] you think Apple was justified in suing Samsung for copying the design? Why or why not?
[Link] Samsung had created a completely different design, would this lawsuit have happened?
[Link] lessons can small technopreneurs learn from this case?
[Link] can protecting your idea early on give you an advantage in business?