INTELLECTUAL PROPERTY (IP) AWARENESS

The intellectual property (IP) system relates to rights and obligations, as well as privileges and
incentives --all rooted from the creation and protection of IP, which “refers to creations of the mind:
inventions; literary and artistic works; and symbols, names, and images used in commerce.”

Intellectual property refers to creations of the mind. It can be an invention (patent / utility model), a
design (industrial design), a brand name (trademark, or a literary and artistic work (copyright).

Intellectual property rights are the rights given to persons over the creations of their minds. They
usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

R.A. 8293

Sec. 4. Definitions. - 4.1. The term “Intellectual Property Rights” consists of:

a. Copyright and Related Rights;

b. Trademarks and Service Marks;

c. Geographic Indications;

d. Industrial Designs;

e. Patents

f. Lay-out designs of Integrated Circuits; and

g. Protection of Undisclosed Information

Copyright
Copyright is the legal protection extended to the owners of the rights of an original work that they
created.

Original work refers to every production in the literary, scientific, and artistic domain.

An individual or group of people can obtain a copyright. Only the expression of an idea is protected by
Copyright, NOT the idea itself.

 Works Protected by Copyright

A. Original Literary and Artistic Works

• Books & other writings; periodicals; lectures; addresses; letters

• Dramatico -musical compositions;

• Musical compositions;

• Drawing, painting, architecture, sculpture;

• Ornamental designs, applied art

 • Illustrations, maps

• Drawings or plastic work;

• Photographs;

• Audiovisual works;

• Illustration & ads;

• Computer programs; and

• Other literary, scholarly, scientific, artistic works

 Works Not Protected by Copyright

Unprotected Subject Matter

• Discovery

• Mere data

• News and other miscellaneous facts

• Official text and any official translation

• Works of the Government

No copyright shall subsist in any work of the government of the Philippines. But prior approval of the
government agency/office is necessary for the use of such work for profit. Agency may impose
conditions or royalties except for rules, speeches, lectures, dissertations, addresses.

• The author of speeches, lectures, addresses and dissertations shall have the exclusive right of
making a collection of his works.
• Government may receive and hold copyrights transferred by assignment, bequest or otherwise.

What Rights does Copyright provide?

1. Economic Rights

 Reproduce

 Translate

 Adapt

 Exhibit/perform the work in public

 Distribute

 Broadcast

 Communicate the work to the public

 Authors may decide to sell their works- assignment; licensing

  Moral Rights

 Rights which maintain a personal link between authors and their work

 Be recognized as the author of the work

 Object to any changes to the work, which could damage the author’s honor or
reputation

Moral Rights

 Independent of economic rights

 Always remain with the author

Term of Protection

Creators of literary, artistic and derivative works enjoy a lifetime protection plus fifty (50) years.

Plagiarism
Plagiarism is the act of appropriating the literary composition of another, or parts or passages of his
writings, or the ideas or language of the same, and passing them off as the product of one’s own mind.

To be liable for plagiarism, it is not necessary to exactly duplicate another’s literary work, it being
sufficient if unfair use of such work is made by lifting of substantial portion thereof.

An industrial design right is an intellectual property right that protects the visual design of objects that
are not purely utilitarian.

What is protected in an industrial design material?

The physical appearance, form, shape, contour, are aesthetic features that can be protected with the
industrial design registration.

How many years can the registered industrial design holder enjoy its ‘exclusive’ rights?

The registration for an industrial design is for a period of five (5) years from the filing date of the
application. It may be renewed for not more than two (2) consecutive periods of five (5) years.

What qualities a registrable industrial design should have?

Industrial design registration may be granted if it is:

• New or original creation

• An article of manufacture

• Not dictated by technical or functional considerations

• Not contrary to public order, health, and morals

Examples of industrial design.

Utility Model
A registrable utility model is any technical solution to a problem in any field of human activity which is
new or novel and industrially applicable. It is commonly obvious and lacks the inventive step.

It could be a functional improvement of an existing product or technology that makes it obvious but
with ‘practical utility’. There are creations applied for patent protection but granted with UM instead.

How many years can the utility model holder enjoy its ‘exclusive’ rights?

The owner/inventor of a UM is entitled of seven (7) years of protection from the date of filing and may
avail of similar rights granted for patents.
How different is UM from patent?

Utility Models Patents

7 years exclusivity protection 20 years exclusivity protection

Lacks inventive steps Substantial ‘inventive steps’

Less stringent requirements High stringent requirements

Simpler application procedures In-depth application procedures

Primarily for local innovators Largely for wider scope/applicability

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.
A product, such as a machine, a device, an article of manufacture, a composition of matter, a
microorganism
A process, such as a method of use, a method of manufacturing, a non-biological process, a
microbiological process
Computer-related inventions, invention involves a computer, computer network or other
programmable apparatus, with features realized wholly or partly by means of a computer
program; and
An improvement of any of the foregoing
The term of a patent shall be twenty (20) years from the filing date of the application and must
be maintained yearly, starting from the 5th year.
Can patent holders impose their exclusive rights worldwide?
All patents are considered to have territorial rights. Mostly, the exclusive rights are only valid in
the country or region in which a patent has been filed and granted, in accordance with the law
of that country or region.
Is there an easy way to file for a patent to be applicable in several countries?
A mechanism called the Patent Cooperation Treaty (PCT) has been made accessible for patent
applicants to make a single international patent application instead of separate filling in each
country.
Rights of a Patent Holder
A patent owner has the right to decide who may–or may not – use the patented invention
during which it is protected.
Patent owners may 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.
Once a patent expires, protection ends and the invention enters the public domain.

Trademark
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.

The word “trademark” can refer to both trademarks and service marks.

A trademark is used for goods, while a service mark is used for services.

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 registration and is renewable for a period of
ten (10) years at a time.

Geographical Indication

GIs are signs or indications used on a product to identify the specific place from which the product is
made. The GI product possesses a quality, characteristic or reputation essentially attributable to its
geographical origin.

Period of Protection

Geographical indications registered as collective and certification marks are generally protected
for renewable ten-year periods.

Trade secret
Trade secrets are Intellectual Property (IP) rights on confidential information which may be sold or
licensed.

What qualifies as a trade secret?

In general, to qualify as a trade secret, the information must be:

a. commercially valuable because it is secret,

b. be known only to a limited group of persons, and

c. be subject to reasonable steps taken by the rightful holder of the information to keep it secret,
including the use of confidentiality agreements for business partners and employees.

Period of Protection

Trade secret protection is not limited in time (patents last in general for up to 20 years). It may continue
indefinitely as long as the secret is not revealed to the public; trade secrets involve no registration costs
(though keeping the information confidential may entail high costs in certain cases).

What is Intellectual Property (IP) Infringement?

Any unlawful exploitation, unfair use, or any breach in the utilization of protected intellectual
property and/or intellectual property rights is Intellectual Property (IP) Infringement. (from:
lexology.com)

The law declares that IP Infringement is a criminal act; thus, penalized by law.

Where to file an action on intellectual property infringement?

The law provides that any cause of action under this Act shall be cognizable by the courts with
appropriate jurisdiction under existing law (RA No. 8293, Chapter XIX, Sec. 225; Sec. 57, PD No. 49a).

In the Philippines, there is a special court assigned to cater the actions filed against intellectual
property infringement.

When does an action or claim against intellectual property infringement prescribes?

On matters of prescription, the law emphasizes that upon the knowledge of IP infringement, the
aggrieved party must file his or her action within four (4) years. Failure to file such action after four years
period, no damages can be claimed by the aggrieved party (RA No. 8293, Chapter XIX, Sec. 226; Sec. 58,
PD No. 49a).