WEEK 8
Intellectual Property Rights
ITE-6202 Social Issues and Professional Practice
Week 8: Intellectual Property Rights
Course Learning Outcomes:
By the end of this module, a student is able to:
1. Define Intellectual Property and other terms connected to it.
2. Define Copyright, Patents and Trademarks
3. Understand the foundations on gaining copyright and patent right
4. Understand the procedures on giving copyright and patent right.
5. Understand the duration guidelines for Copyright, Patents and Trademarks.
6. Determine and understand the laws that states the information on Copyright,
Patents and Trademarks.
Intellectual
Topics Covered
• Intellectual property
• Intellectual Objects
Property
• Copyright
• Patent
• Trademarks
I. Intellectual Property
Intellectual property:
• these are tangible things such as ideas, inventions,
technologies, artworks, music and literature, and
others that one can claim ownership to.
• set of legal rights which result from intellectual
activity in the industrial, scientific, literary, and
artistic fields
II. Intellectual Objects
Intellectual Objects:
Intellectual objects has the following characteristics:
• Non-tangible
• Non-exclusionary
• No scarcity
• Legal claim
Copyright
I. Copyright
Definition:
• A copyright is the exclusive right to distribute,
display, perform, or reproduce an original work in
copies or to prepare derivative works based on the
work.
• Republic Act No. 8293, Part 1, Section 2.
II. Copyright Registration and Deposit
Registration
• The owner of the copyright may file an application for
issuance of certificate of registration and deposit of
copies or reproduction of the works with the
Copyright Division of the National Library and the
Supreme Court Library.
• also can be done through the Bureau of Copyright
and Related Rights of the Intellectual Property Office.
II. Copyright Registration and Deposit
Requirements
• Duly accomplished registration and deposit form
• Document evidencing ownership of the copyright or the
manner of its acquisition usually in the form of an affidavit
• Document evidencing identity of the applicant
• Special Power of Attorney, Corporate Secretary’s Certificate
or Board Resolution
• Payment of filing fee
• Two (2) original copies of the work covered by copyright
III. Works Protected by Copyright
It is stated in the Intellectual Property Code of the
Philippines (RA 8293), what are considered as original
works (Sec. 172) and derivative works (Sec. 173)
IV. Duration of Copyright
• General Works: (Sec 213.1, IP Code).
• Joint Authorship Works: (Sec 213.2 IP Code)
• Anonymous or Pseudonymous Works: (Sec 213.3, IP
Code)
• Works of Applied Art: (Sec. 213.4, IP Code)
• Photographic Works and Audio Visual Works: (Sec
213.5 and 213.6, IP Code)
• Sound Recordings: (Sec 215.1, IP Code).
• Broadcasts: (Sec 215.2, IP Code)
Patent
I. Patent
Definition:
• protect inventions or discoveries.
• An invention or discovery is patentable if it meets two
basic requirements:
- First requirement: the invention or discovery for
which the patent is sought is new and useful or is a
new and useful improvement.
- Second requirement: the invention or discovery
must satisfy the following four conditions:
• Utility, Novelty, Non-obviousness and
Disclosure
II. Patent Rights
• The right to a patent belongs to the inventor, his heirs
or assigns. When two (2) or more persons have jointly
made an invention, the right to the patent shall
belong to them jointly (Sec. 28, IP Code).
• If two (2) or more persons have made the invention
separately and independently of each other, the right
to the patent shall belong to the person who filed an
application for such invention, to the applicant who
has the earliest filing date or, the earliest priority date
(Sec. 29, IP Code).
II. Patent Rights
• (Sec. 30, IP Code) In case the employee made the
invention in the course of his employment contract, the
patent shall belong to:
a) The employee, if the inventive activity is not a part
of his regular duties even if the employee uses
the time, facilities and materials of the employer.
b) The employer, if the invention is the result of the
performance of his regularly-assigned duties,
unless there is an agreement, express or implied,
to the contrary.
III. Patent Application
It must have the following requirements:
• Request for the grant of patent
• Description of the invention
• Drawings, if any
• Claims
• Abstract
IV. Duration of Patents
Duration:
• twenty (20) years from the filing date of the application.
Cancelation:
• Any interested person may file a petition to cancel the patent or any
claim thereof, or parts of the claim, on any of the following grounds:
o Lack of novelty
o The patent fails to disclose the invention in a manner
sufficiently clear and complete for it to be carried out by a
person skilled in the art
o The patent is contrary to public order or morality
(Sec. 61, IP Code)
IV. Patent Limits
The owner of a patent has no right to prevent third parties from using
the invention under the following circumstances:
• Patent to Market
• Private and Non-Commercial Purpose
• Experiment Purposes
• Individual Cases
• Used in a vehicle
(Sec. 72, IP Code).
Trademark
I. Collective Marks
Definition:
- refers any visible sign designated as such in an
application for registration and capable of
distinguishing the origin or any other common
characteristic.
II. Trademark Validity
Duration:
• trademark registration is valid for ten (10) years.
• the registrant is required to file a Declaration of Actual
Use with proof of such use within one (1) year from the
fifth anniversary of the date of the registration of the
mark. Otherwise, the mark shall be removed from the
Trademark Register by the Intellectual Property Office.
• A trademark registration may be renewed for periods of
ten (10) years after the expiration of the original ten-
year term, upon payment of the prescribed fee and
upon filing of a petition for renewal of registration
END