CREATIVITY and INNOVATION
Intellectual Property (IP)
Intellectual property refers to creations of the mind,
such as inventions; literary and artistic works; and
symbols, names, images, and designs used in
commerce. Business intellectual property includes
patents, trade secrets, trademarks, and copyrights.
Intellectual Property (IP)
PATENT
An invention patent is a government-issued grant,
bestowing an exclusive right to an inventor over a
product or process that provides any technical solution
to a problem in any field of human activity which is
new, inventive, and industrially applicable.
PATENT
Benefits
A patent is an exclusive right that allows the inventor to
exclude others from making, using, or selling the product
of his invention during the life of the patent. Patent
owners may also give permission to, or license, other
parties to use their inventions on mutually agreed terms.
Owners may also sell their invention rights to someone
else, who then becomes the new owner of the patent.
PATENT
Eligibility
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.
PATENT
Term of Protection
• 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 year.
PATENT
TRADEMARK
A trademark is a word, a group of words, sign,
symbol, logo or a combination thereof that
identifies and differentiates the source of the
goods or services of one entity from those of
others.
TRADEMARK
Benefits
• 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
Eligibility
The Intellectual Property Code of the Philippines
prescribes grounds for non-registrability.
Term of Protection
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 issuance
and is renewable for a period of ten (10) years at a time.
TRADEMARK
COPYRIGHT
• Copyright is the legal protection extended to the
owner of the rights in an original work. “Original
work” refers to every production in the literary,
scientific and artistic domain.
• Among the literary and artistic works enumerated in
the IP Code includes books and other writings,
musical works, films, paintings and other works, and
computer programs
COPYRIGHT
• Copyright laws grant authors, artists and other
creators automatic protection for their literary and
artistic creations, from the moment they create it.
• Recordation or deposit of your works isn’t necessary
but authors and artists may opt to execute an
affidavit of ownership with the National Library or
the IPOPHL for the issuance of recordation and
deposit.
COPYRIGHT
Benefit
• 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
Eligibility
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
Term of 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. Different rules may apply, however in:
- Works of joint authorship
- Works of anonymous or pseudonymous works
- Photographic works
- Works of applied art
- Audio-visual works
IMPORTANCE OF INTELLECTUAL PROPERTY IN BUSINESS
• prevent others from copying their products or using their innovations
• create a strong brand identity
• obtain valuable competitive intelligence
• gain revenues through licensing, franchising or other IP transactions
• obtain financing or venture capital
• increase their commercial value
• access new markets
• engage in different types of business partnerships
• ensure freedom to operate
• segment geographical markets