BASIC INTELLECTUAL PROPERTY

International Trade and Agreement

by: Amot, Geronimo, Lajer, Leyson, Rosales, Santera, and Solis
 1 Introduction ( Intellectual Property )

2 Types of Intellectual Property

1 3 2The IP systems

4 International IP systems
Content 5 World Intellectual Property Organization

6 Importance of IP in Economic and Social

Development

7 Intellectual Property Office of the Philippines

8 Conclusion
What is Intellectual
Property?
Intellectual Property refers to intangible
creations of the human mind that have
value and are protected by law. These
creations include artistic works,
inventions, brand identities, and
technical innovations.
Purpose of Intellectual Property
Protection
IP PROTECTION EXISTS TO:

1. It protects the rights of 2. It provides exclusive rights that

creators and allows creators to earn economic
innovators. benefits from their work.

3. It encourage innovation 4. It prevents unauthorized

and creativity by rewarding use, copying, or theft of
original contributions creative works.
Difference Between Physical and Intellectual Property
Physical property
—tangible objects such as houses,
vehicles, or equipment.

Intellectual property
— intangible creations such as
designs, inventions, logos, and
software.

Even though IP is intangible, it is legally recognized

as valuable property.
Rights Given to IP Owners
(Exclusive Rights)
IP rights generally include:

The right to use, reproduce, distribute, or sell the work.

The right to authorize others to use the work.
The right to prevent unauthorized use or infringement.
Moral rights, including the right to be recognized as
the creator and to protect the integrity of the work.
 TYPES OF INTELLECTUAL
PROPERTY
Copyright - Trademark - Patent - Industrial Design - Trade Secret - Utility Models - Geographical Indication
Copyright is a legal protection for original literary, artistic, and
scientific works, such as books, music, films, artworks, and software.
It gives creators the exclusive rights to reproduce, distribute, adapt,
and publicly perform their work. Copyright protects the expression of
ideas, not the ideas themselves, and also covers related rights for
people involved in the creation or production of the work, like
performers, broadcasters, and producers of sound recordings.
Purpose: Protect the expression of ideas, not the ideas
themselves.

Duration: Typically 50–70 years after the author’s

death.

Example: A novel, song, or painting

 Trademark is a legal protection for signs that identify and
distinguish a business’s goods or services, such as logos, brand
names, slogans, symbols, sounds, or colors. Trademarks help
consumers recognize a company’s products and prevent
others from using similar marks. Historically, artisans would
mark their work to show ownership, and over time, laws were
created to protect these marks. Today, trademarks are
essential for businesses, as they protect the brand, reputation,
and the investment made in developing a unique identity.
Purpose: Prevent consumer confusion and protect
brand identity.

Duration: Can be renewed indefinitely as long as it is in

use.

Example: The Nike “swoosh” logo or Coca-Cola logo.

 Patent is a legal protection for inventors that gives them
the exclusive right to make, use, or sell their new and useful
inventions. Patents encourage people to create and share
new ideas by preventing others from copying them. They
have been around since the early days of modern law and
cover inventions from electric lights to smartphones.
By patenting an invention, the patent owner gets exclusive rights over it,
meaning that he or she can stop anyone from using, making or selling the
invention without permission.

The patent lasts for a limited period of time, generally 20 years.

In return, the patent owner has to disclose full details of the invention in
the published patent documents.

Once the period of protection has come to an end, the invention becomes
off patent, meaning anyone is free to make, sell or use it.
Patents protect new inventions and technical solutions
that meet three criteria:

Novelty
Inventive Step (Non-Obviousness)
Industrial Applicability (Usefulness)

Example: A new type of engine, pharmaceutical drug, or machinery

EXAMPLES:

The Telephone: The Lightbulb: Patented by Thomas

Patented by Alexander Graham Bell in Edison in 1878; he holds 1,093 patents in
1876, revolutionizing long-distance total, including for the phonograph.
communication.
 Industrial Design is a legal protection for the visual or decorative aspects of
a product, such as its shape, pattern, or color. It does not protect how the
product works, only how it looks. Industrial designs are important because
consumers often choose products based on their appearance, even if
similar products have the same function. This protection can apply to many
items, including cars, phones, computers, clothing, jewelry, packaging, and
household appliances.
Examples: The shape of a perfume bottle, packaging
design, fashion products,furniture.

Purpose: Protect the visual appeal that attracts

consumers.

Duration: Varies by country, generally 15–25 years.

 Trade Secret is a legal protection for valuable business
information that is kept secret to give a company an
advantage over competitors. This can include formulas,
methods, processes, strategies, or any confidential knowledge
that helps a business succeed.
Examples: Coca-Cola formula, KFC recipe, business
strategies, manufacturing processes.

Purpose: Maintain secrecy to prevent competitors from

using valuable information.

Duration: Lasts as long as the information remains

secret.
Utility models protect minor inventions or practical improvements
that may not meet the strict requirements for patents.

They are often referred to as “petty patents” or “innovation patents.”

Utility models encourage small inventors by offering simpler and
faster protection for functional improvements in existing products.
Example: A modified hand tool or improved
mechanical device.

Duration: Usually shorter than patents, around 7–10

years.
is a special sign or label used on products that come from a particular place. The
product must have qualities, reputation, or characteristics that are directly
linked to that location. This helps buyers know that the product is genuine and
ensures that only products from that area can use the name, protecting its
reputation and value.
Different countries have their own laws to protect Geographical Indications
(GIs), and international rules are being developed to make sure these
protections work across borders. GIs are often used for food and drinks
Example:
Champagne (France) – sparkling wine from the Champagne
region, northeastern France Roquefort (France) – blue cheese
from Roquefort-sur-Soulzon, southern France Darjeeling Tea
(India) – tea from the Darjeeling district, West Bengal, India,
Tequila (Mexico) – distilled spirit from Tequila, Jalisco, Mexico,
Baguio Strawberry (Philippines) – strawberries from Baguio City,
Philippines

Purpose: Prevent misuse of regional product names

and maintain product reputation.
 THE IP SYSTEM
( NATIONAL IP SYSTEM )
 What an IP
System is?
A national IP system is the legal and institutional
framework that governs the creation, protection,
enforcement, and commercialization of intellectual
property in a country.

It is a structured system that manages everything

related to intellectual property — from the process of
registering inventions, designs, and trademarks to
protecting creators against unauthorized use.

It includes government offices, such as the Intellectual

Property Office, and legal tools that make sure ideas
and creations are properly recognized and rewarded.

In short, it ensures that innovation and creativity are

supported, protected, and used to help a country’s
progress.
Goals of an IP System

Encourage creativity and Promote fair

innovation. competition.

Support economic growth

Protect the rights of
through technology and
creators and businesses.
creative industries.
Components of a National IP System

1. IP Laws – Laws defining the rules for IP protection (e.g., Copyright Law, Patent
Law).
2. National IP Office – Government office that handles registration, publication,
examination, and public awareness. Example: IPOPHL in the Philippines.
3. Registration Procedures – Steps to register trademarks, patents, designs, or
copyright. Trade secrets usually do not require registration.
4. Enforcement Mechanisms – Courts, administrative offices, and customs for
anti-counterfeit measures.
5. Commercialization Tools – Licensing, franchising, technology transfer, and
royalties.
 IP PROTECTION CYCLE

Creation → Registration → Enforcement → Commercialization

INTERNATIONAL IP
SYSTEM
Why International
Protection is
Needed?
- In a global economy, products and ideas cross
borders. International IP protection ensures that
creators’ rights are recognized worldwide and
reduces the risk of infringement abroad. It provides
a standardized framework for protecting
intellectual property across different countries,
making it easier for inventors, artists, and
businesses to secure their creations
internationally.
Basic Principles
National Treatment: Foreign creators receive the same rights as local creators.
Right of Priority: Early filing in one country can be claimed in other member
countries.
Minimum Standards: Countries must meet baseline protection requirements.

Important National Treaties

1. Berne Convention (Copyright)
2. Paris Convention (Patents, Trademarks, Industrial Property)
3. TRIPS Agreement (Minimum IP standards under WTO)
4. Madrid System (International trademark registration)
5. Patent Cooperation Treaty (PCT – International patent filing system)
6. Hague System (International industrial design registration)
 World Intellectual
Property System (WIPO)
WHAT EXACTLY IS WIPO? HOW
DID IT COME AND WHY?
In earlier times, when people made inventions
– like printing press, machines, or new
medicines – the protection of those inventions
was limited only to one country.

TO SOLVE THIS PROBLEM. THE FIRST TREATIES

WERE CREATED.
PARIS CONVENTION (1883)

First international effort to protect inventions and industrial creations across

countries.
National Treatment
Priority Rights
Article 4 “ if you filed first anywhere, you are treated as first everywhere (within 12
months)”.

BERNE CONVENTION (1886)

Focus on creative works like books, music, art, films

Copyright protection is Automatic
“creators should be protected the moment they create their work”
 In 1967, WIPO was established,
and later it became the specialized agency of
the United Nation.
 Membership:
194 member states

Director General:
Quick Facts Daren Tang

Headquarter:
Geneva, Switzerland
Main Function of WIPO
1. Patent Protection - Patent Coordination Treaty
2. Trademark Protection - Madrid System
3. Copyright Protection - Berne Convention
4. Dispute Resolution - WIPO Arbitration and Mediation
Center
Structure
1. General Assembly
2. Conference
3. Coordination Committee
4. International Bureau
THE IMPORTANCE OF IP IN
ECONOMIC AND SOCIAL
DEVELOPMENT
Stimulates Industrial and Technological Growth
Creates Jobs and Supports IP-Driven Industries
Strengthens Market Competitiveness
Boosts Consumer Trust and Safety
Attracts Foreign Investment and International
Partnerships
Supports Cultural and Creative Development
Facilitates Knowledge Sharing and Technology Transfer
Enhances Long-Term National Development
PHILIPPINE CONTEXT
Definition and Overview
The Intellectual Property Office of the Philippines
(IPOPHL) is a government agency responsible for
the registration, protection, and enforcement of
intellectual property (IP) rights in the Philippines.
Intellectual property includes creations of the mind
such as inventions, trademarks, literary and artistic
works, and industrial designs.
Purpose
The primary objectives of IPOPHL are to:
[Link] intellectual property rights of Filipino inventors,
creators, and businesses.
[Link] legal recognition to IP owners.
[Link] innovation and creativity in the country.
[Link] the economy and business sector through the effective
implementation of IP laws.
In essence, IPOPHL ensures that ideas and creations are safeguarded from
unauthorized use or theft.
Functions
IPOPHL carries out several key activities:
[Link] of Intellectual Property
Trademarks (brand names, logos)
Patents (inventions)
Copyrights (books, music, artworks)
Industrial designs
[Link] enforcement and dispute resolution
Assists in resolving cases of IP infringement or misuse.
[Link] education and information dissemination
Conducts seminars, workshops, and awareness campaigns to educate the public on the
importance of IP.
[Link] development
Formulates policies to strengthen the IP system in the Philippines.
Operations:
IPOPHL operates under the Department of Trade and Industry (DTI) but maintains
independence as a regulatory agency. Its organizational structure includes:
Trademarks, Patents, Copyrights, and Industrial Designs Divisions – responsible for
application processing and registration.
Legal and Enforcement Division – handles disputes and IP violations.
Information and Technology Division – manages databases and educational outreach.

Workflow:
[Link] IP owner submits an application.
[Link] reviews the application.
[Link] approval, a Certificate of Registration is issued.
[Link] case of disputes, mediation or legal proceedings are conducted.
Key Personnel
Director General – overall head of IPOPHL.
Deputy Directors and Division Heads – oversee specific IP
categories.
IP Examiners – evaluate applications.
Legal and Enforcement Officers – manage disputes and
violations.
Administrative Staff – provide support for daily operations.
Intellectual Property Code of
the PHILIPPINES (RA 8293)
 The Intellectual Property Code of the
Philippines (Republic Act No. 8293), enacted in
1997 and amended thereafter, is the primary
law governing intellectual property (IP) in the
country. Its main purpose is to protect the
rights of creators, inventors, and owners of
intellectual property and to promote
innovation and creativity in the Philippines.
The law covers several types of IP:
Patents – protection for inventions, utility models, and industrial
designs.
Trademarks – protection for brand names, logos, and distinctive
signs.
Copyrights – protection for literary, artistic, and musical works.
Trade secrets and protection against unfair competition.

Trade secrets are protected without registration.

RA 8293 also provides procedures for IP registration, enforcement,

and dispute resolution, ensuring that creators and inventors can
legally secure and defend their intellectual property. The Intellectual
Property Office of the Philippines (IPOPHL) is responsible for
implementing this law.
Registration Process

Submission → Examination → Publication → Grant

of Rights.
Conclusion

Intellectual Property is crucial for promoting creativity, innovation, and

economic growth. National IP systems ensure that creators and businesses can
protect and profit from their work. International systems and WIPO harmonize
laws, provide global registration mechanisms, and offer dispute resolution to
protect IP worldwide. Understanding IP is essential for innovators, businesses,
and consumers in a global economy. Creators and companies must respect and
protect IP to sustain innovation and competitiveness.
Thank you.