What is Intellectual Property?
Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works, designs and symbols, names and images used in
commerce. IP is protected in law by, for example, patents, copyright, and trademarks which enable people to earn recognition or financial benefit from what they
invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in
which creativity and innovation can flourish.
Types of Intellectual Property
1. Copyright. Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by
copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps and technical drawings.
The dictionary defines copyright as a person’s exclusive right to reproduce, publish, or sell his original work of authorship.
A copyright Owner’s Right
The primary goal of copyright law is to protect the time, effort, and creativity of the work’s creator. As such, Copyright Act gives the copyright owner certain
exclusive rights, including the right to:
• Reproduce the work
• Prepare derivative works (other works based on the original work)
• Distribute copies of the work by sale, lease or other transfer of ownership
• Perform the work publicly
• Display the work publicly
Application Process
One needs to fill out an application form, attach a copy of the work, and pay the basic filling fee at the IPO.
2. Patents. A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or
offers a new technical solution to a problem.
Three types of patents are:
a. Utility Patents. Covers anyone who invents a new and useful process, article of manufacture, machine, or a composition of matter.
b. Design Patents. Includes an original, new and ornamental design for a manufactured product.
c. Plant Patents. Go to anyone who produces, discovers, and invents a new kind of plant capable of reproduction.
Application Process
1. One needs to fill out a Request Form for a Grant of Philippine Patent, as well as submit descriptions and drawings of the invention or process.
2. Once the application has been filed, it will be published in the IPO Gazette. During the period of its publication, anyone can write in or contest the
application.
3. Corresponding filling fees will be charged.
3. Trade Secrets
A trade secret is any practice or process of a company that is generally not known outside of the company. Information considered a trade secret gives the
company an economic advantage over its competitors and is often a product of internal research and development.
Trade secrets are defined differently based on jurisdiction, but all have the following characteristics:
• They are not public information
• Their secrecy provides an economic benefit to their holder
• Their secrecy is actively protected
4. Trademarks. A trademark is a corporate symbol that contributes to the image the company is trying to build. It is a mark of quality and excellence that
identifies that company as the manufacturer.
There are four types of marks that can be federally registered:
• Trademarks: are used to identify products
• Service marks: are used to promote a service
• Collective marks: are used by organizations or associations to identify themselves
• Certification marks: such as UL (Underwriters Laboratory) used to certify that a particular product has met the manufacturing standards of an impartial
thirdparty regulatory group.
Application Process
Similar to patent, you need to apply or file for the exclusive rights of the mark you wish to use for business purposes and paid applicable charges.
5. Industrial Design. According to WIPO, an industrial design refers to the ornamental or aesthetic aspects of an article. A design may consist of 3D features,
such as the shape or surface of an article, or 2-D features such as patterns, lines and color. Industrial designs are applied to a wide variety of industrial products
and handicrafts.
Designs are concerned with the features, the appearance of a part or the whole product:
• Two-dimensional features such as patterns, lines and/or color
• Three-dimensional features such as shape, texture and/or surface of an article are protectable by design right if they are not dictated by functional
considerations.
Registration of design confers on the owner (for a limited time) the exclusive right to use the design and to authorize others to use it. It also includes the right
to make, offer, put on the market, import, export, or use a product in which the design is incorporated or to which it is applied, or to stock such as a product for
those purposes. The maximum duration of design protection varies from country to country from 5 to 25 years.