Intellectual
Property
Rights
Prepared By: Sherwin Cabarles
What is
Intellectual
Property
Rights
It is the legal protection given to creators and businesses for their
INTANGIBLE CREATIONS, such as inventions, artistic works, brands, and
designs.
Intellectual Owners were granted exclusive rights to control, use,
commercialize their creation while preventing unauthorized replication
or exploitation by others.
Who is WIPO?
It is a specialized agency of the
United Nations dedicated to promoting,
protecting, and harmonizing
intellectual property (IP) rights
across the globe.
Who is IPOphl?
Intellectual Property Office
of the Philippines
is the country’s lead
government agency mandated
to administer and register
intellectual property (IP)
rights
Types of Patents
Trademarks
Intellectual Copyrights
Property Trade secrets
Industrial
designs
Geographical
indications
PATENTS
an exclusive legal right granted by a
government to an inventor
allows the inventor to exclude others from
making, using, selling, or importing their
invention for a limited time
The term of a patent shall be twenty (20)
years from the filing date of the
application. The patent must be maintained
yearly, starting from the 5th ye
PATENTS
The Intellectual Property Code of the Philippines sets three
conditions for an invention to be deemed patentable: it has to be
new, involves an inventive step, and industrially applicable.
How are these defined? In the IP Code, an invention is not
considered new if it already forms part of the domain of prior
art. Prior art is explained in the Intellectual Property Code of
the Philippines, Chapter 2, Section 24 - 24.2
An invention involves an inventive step if, having regard to prior
art, it is not obvious to a person skilled in the art at the time
of the filing date or priority date of the application claiming
the invention. An invention that can be produced and used in any
industry is considered industrially applicable.
PATENTS
The Intellectual Property Code of the Philippines sets three
conditions for an invention to be deemed patentable: it has to be
new, involves an inventive step, and industrially applicable.
How are these defined? In the IP Code, an invention is not
considered new if it already forms part of the domain of prior
art. Prior art is explained in the Intellectual Property Code of
the Philippines, Chapter 2, Section 24 - 24.2
An invention involves an inventive step if, having regard to prior
art, it is not obvious to a person skilled in the art at the time
of the filing date or priority date of the application claiming
the invention. An invention that can be produced and used in any
industry is considered industrially applicable.
Copyright
Copyright is the legal protection extended to the owner of the rights in an
work. “Original work” refers to intellectual creation in the literary, scien
artistic domain.
Among the literary and artistic works enumerated in the IP Code are books an
writings, musical works, films and photographic works, ornamental designs or
manufacture, paintings, sculptures, and other works of arts, as well compute
and mobile apps, etc.
The IP Code grants authors, artists, and other creators, automatic protectio
literary and artistic creations, from the moment they create it.
Registration and deposit of your works isn’t necessary but authors and artis
file for the copyright registration of their work with IPOPHL for the issuan
appropriate certificate of copyright registration.
Copyright transfers and assignments, as well as exclusive license and mortga
agreements, may be registered with IPOPHL. Copyright registrations and notic
copyright transfers, assignments, etc. are posted online in the IPOPHL websi
Copyright
Protect original literary, dramatic, musical, and artistic
works (like books, software, and films). Protection typically
lasts for the life of the creator plus 50 to 70 years,
depending on the jurisdiction.
The creators of works protected by copyright hold the
exclusive right to use or authorize others to use the work on
agreed terms.
The right holder(s) of a work can authorize or prohibit: its
reproduction in all forms, including print form and sound
recording, public performance and communication to the public,
broadcasting, translation into other languages, and
adaptation, such as from a novel to a screenplay for a film.
Copyright
ELEGIBIILITY
Works covered by copyright that can be deposited with IPOPHL
are, but are not limited to: novels, poems, plays, reference
works, newspapers, advertisements, computer programs,
databases, films, musical compositions, choreography,
paintings, drawings, photographs, sculpture, architecture,
maps and technical drawings.
Copyright
PROTECTION
The term of protection for copyright in literary and artistic
works, and in derivative works is generally the lifetime of
the author plus fifty (50) years. However, different rules may
apply in:
- Works of joint authorship
- Works of anonymous or pseudonymous works
- Photographic works
- Works of applied art
- Audio-visual works
Trademark
Protect symbols, names, logos, and slogans used to identify and
distinguish goods or services in the marketplace. They can be renewed
indefinitely as long as the brand is actively using them.
A trademark protects a business’ brand identity in the marketplace.
Registration of it gives the owner the exclusive rights to prevent others
from using or exploiting the mark in any way.
Aside from being a source-identifier, differentiator, quality indicator,
and an advertising device, a protective mark may also bring another stream
of income to the owner through licensing or franchising.
Trademark
ELEGIBIILITY
Immorality and Deception - Marks that consist of immoral, deceptive, or
scandalous matter, or those that disparage or falsely suggest a connection
with persons (living or dead), institutions, beliefs, or national symbols.
State Insignia- Marks that contain the flag, coat of arms, or any insignia
of the Philippines, any of its political subdivisions, or any foreign
nation
Personal Names and Likenesses - Marks identifying a specific living
individual (without their written consent), or a deceased President of the
Philippines (without the written consent of their living widow)
Confusingly Similar Marks - Marks that are identical to, or nearly
resemble, a registered mark or an earlier-filed application. This applies
if the marks are used on the same goods, closely related goods, or if the
resemblance is likely to deceive or cause confusion.
Trademark
ELEGIBIILITY
Well-Known Marks- Marks that are confusingly similar to or constitute a
translation of a well-known mark, even for dissimilar goods or services,
provided use of the new mark would indicate a connection to the owner of
the well-known mark.
Generic and Descriptive Marks- Marks that are merely descriptive or
deceptively misdescriptive of the goods/services, or consist exclusively
of signs that have become generic in common language.
Functional Shapes- Marks that consist of the shape of goods necessitated
solely by technical factors or the nature of the goods themselves
Trademark
A trademark can be protected in perpetuity if regularly monitored and
properly maintained.
The period of protection is ten (10) years from the date of registration
and is renewable for a period of ten (10) years at a time.
Trade Secrets
Protect confidential, proprietary business information—
such as formulas, recipes, algorithms, or client lists—
that provide a competitive advantage. Unlike other IPs,
they are not registered publicly but are protected by non-
disclosure agreements (NDAs) and physical security.
Industrial
Design
An industrial design is the ornamental or aesthetic aspect of an article.
in this sense, may be three-dimensional features (shape or surface of an a
or the two-dimensional features (patterns or lines of color). Handicrafts,
jewelry, vehicles, appliances - the subject of industrial designs range fr
fashion to industrial goods.
Industrial
Design
In order to be registrable, an industrial design must be a new or
original creation.
The following industrial designs shall not be registrable:
(a) Industrial designs that are dictated essentially by technical or
functional considerations to obtain a technical result;
(b) Industrial designs which are mere schemes of surface
ornamentations existing separately from the industrial product or
handicraft; and
(c) Industrial designs which are contrary to public order, health, or
morals.
Industrial
Design
The registration for an industrial design is for a period of 5 years
from the filing date of the application. The registration of an
industrial design may be renewed for not more than two (2) consecutive
periods of five (5) years each by paying a renewal fee. The fee should
be paid within a year of the expiration of the registration.
Industrial design registrations are governed by some of the same
provisions that apply to patents. See what these are in Section 119 of
the Intellectual Property Code of the Philippines.
Utility Models
protect new technical solutions to problems.
BENEFITS
A Utility Model (UM) allows the right holder to prevent others
from commercially using the registered UM without his
authorization, provided that the UM is new based on the
Registrability Report. Compared with invention patents, it is
relatively inexpensive, faster to obtain, and with less
stringent patentability requirements.
Utility Models
protect new technical solutions to problems.
ELEGIBIILITY
Any technical solution of a problem in any field of human
activity which is new and industrially applicable shall be
registrable.
The provisions regarding “Non-Patentable Inventions” as
provided for in Part 2, Rule 202 of the Regulations for Patents
shall apply, mutatis mutandis, to non-registrable utility
models:
Utility Models
protect new technical solutions to problems.
ELEGIBIILITY
[Link], scientific theories and mathematical methods;
2. Schemes, rules and methods of performing mental acts,
playing games or doing business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery
or therapy and diagnostic methods practiced on the human or
animal body. This provision shall not apply to products and
composition for use in any of these methods;
Utility Models
protect new technical solutions to problems.
ELEGIBIILITY
4. Plant varieties or animal breeds or essentially biological
process for the production of plants or animals. This provision
shall not apply to micro-organisms and non-biological and
microbiological processes.
5. Provisions under this subsection shall not preclude Congress to
consider the enactment of a law providing sui generis protection of
plant varieties and animal breeds and a system of community
intellectual rights protection:
6. Aesthetic creations; and
7. Anything which is contrary to public order or morality.
Utility Models
protect new technical solutions to problems.
TERM OF PROTECTION
A utility model is entitled to seven (7) years of protection
from the date of filing, with no possibility of renewal.
Geographical Indications (GIs)
Identify products originating from a specific
region with qualities tied to that origin
Try This!
Use the associative property to
determine whether the equations below
are true or false. Drag each equation
to the corresponding column.
True False
−5 × (2 × 7) = (−5 × 2) × 7
−8 × (7 × 4)= (−8 × 7) × 4
90 ÷ 6 ÷ (−3) = 90 ÷ (6 ÷ (−3))
(−2 + 4) + 6 = (−2) + [4 + 6]