BACKGROUND ON IP technical feature of a technology

is new and industrially available.

What is an Intellectual Property?  The Certificate of Registration of
It is a term referring to creations of the Industrial Design is issued to a
intellect for which a monopoly is assigned to composition of lines or colours or
designated owners by law. (Wikipedia) any three-dimensional form of an
article of manufacture that is
By this definition, anything that you make, such new or original.
as poems, stories, songs, drawings, are  The Certificate of Registration of
technically intellectual properties. There are Layout Design is granted to the
laws pertaining to the protection of these and topography of an integrated
has subsequent consequences if one violates it. circuit, which consists of
It is any product of the human mind. It is elements and interconnections
an asset that any person can own, sell, license that perform an electronic
or even give to another person. Unlike other function.
assets, IP is intangible. It requires protection 2. Bureau of Trademarks
from theft or unauthorized use. (IPOPHL)  A Certificate of Registration of
Trademarks is issued to a mark
This is the definition that is made by the or visible signs capable of
IPOPHL, or the Intellectual Property Office of distinguishing the goods
the Philippines, the government agency that (trademarks) or services (service
handles these rights. Since it is bound by the marks) of an enterprise.
law, owners can do anything they want on the 3. Bureau of Legal Affairs
material they made, with specific protection  This bureau hears and decides
bound by the law. inter partes cases, which includes
The Intellectual Property Office of the opposition to and cancellation to
Philippines a trademark registration;
cancellation of patents, utility
The Intellectual Property Office of the models, industrial designs, layout
Philippines is the lead agency in the country designs; and petitions of
mandated to implement state policies on compulsory licensing of patents.
intellectual property (IP). It was created by  This bureau also hears and
Republic Act no.8293 or the Intellectual decides IP violations cases, which
Property Code of the Philippines (IP Code) and involve administrative
signed into law on June 6, 1997. complaints for violation of laws,
There are seven bureaus of the IPOPHL, with involving intellectual property
five central to the topic on IP. The five are the rights, where the total damages
Bureau of Patents, the Bureau of Trademarks, claimed are not less than 200
the Bureau of Legal Affairs, the Documentation, 000 pesos.
Information, and Technology Transfer Bureau,  This bureau provides alternative
and the Bureau of Copyright and Other Related dispute resolution, which
Rights. provides mediation services for
both inter partes and IP
What do the bureaus have to offer? violations cases.
1. Bureau of Patents 4. Documentation, Information, and
 The Letters Patent granted to an Technology Transfer Bureau
invention that embodies a  This bureau provides patent
technical solution to a problem. search of the public. This is used
 The Certificate of Registration of for the processing and organizing
Utility Model is issued when the patent documents for
 classification and developing of 7. Trade Secrets
search retrieval tools; this also
used for the developing of
training modules for patent
searches in the Philippine
patents; and also provides
specialized trainings on search
retrieval tools.
 The Technology Transfer
Agreement Registration evaluates
compliance of TTAs with the IP
Code and the development of
training modules for technology
transfer.
 The bureau also provides
external training for the public to
increase awareness, knowledge,
and utilization of intellectual
property rights.
 The bureau also provides
advisory services on IP
registration.
 The bureau also provides
information, training, and
educational support for increased
awareness of IP.
5. Bureau of Copyright and Other Related
Rights
 This bureau resolves disputes
relating to public performance or
communication to the public
licenses.
 This bureau accredits collective
management organizations
(CMOs)
 This bureau conducts research
and studies on copyright and
other related rights.
 This bureau also provides other
copyright services.
The Kinds of Intellectual Property Rights
These are:
1. Copyrights
2. Trademarks and Service Marks
3. Geographical Indications (GIs)
4. Industrial Designs
5. Patents
6. Layout Designs
PATENTS 2. Literary works (instead they are
protected under copyright)
What is a patent?
3. Common processes (such as
A patent is an exclusive right granted by mathematical formulas)
the state through the IPOPHL to a patent owner
for a product, process of an improvement of a 4. Methods of medical treatment (such as
product or process for a specified period. In surgeries)
return, the patent owner discloses the Patentability Requirements
invention details in his application published in
the Intellectual Property Office Gazette. In order to the registered as a patent, the
Technological information is made available to patent must be:
the public promotes innovation and
1. New (not parts of old, known objects)
development.
2. Inventive (should not be obvious to the
Characteristics of a patent
skill to the inventor)
1. It prevents others from making, using,
3. Capable of industrial application (can be
selling, offering for sale or importing the
used and reproduced in the industry)
claimed invention.
UTILITY MODELS
2. It has a life of 20 years.
Characteristics of Utility Models
3. It is only within the Philippines and its
boundaries.  It is a petty patent, meaning it is a mini-
version of a person (not literally)
4. With no.3 in place, there is no such thing
as a worldwide patent.  It gives only seven years of protection.
The benefits of a patent  It only needs examination as to form
1. The patent gains entry to a market.  It does not need an inspection unlike
patents.
2. At the same time, it excludes others
from the market.  It is simple and faster.
3. The patent can be used as a marketing  It is cheaper to obtain and maintain.
and advertising tool.
 It needs no inventive step in the
What can be patented? patentability requirements.
These are the products/services that can be INDUSTRIAL DESIGNS
patented:
It only relies out the outside
1. A process/method/use (ex. the slide to composition, or design of a specific object. It
unlock function) consists of compositions that lend a special
2. Product composition (ex. the lagundi in appearance to and serve as a pattern for
cough syrups) industrial products or handicrafts. It has a
protection of five years, and it can be renewed
3. Computer-related products (but not for two consecutive periods of five years.
computer programs)
4. Improvement over an existing product
What cannot be patented?
1. Computer programs
TRADEMARKS Mostly, the marks discussed are the marks than
can be seen. But there are also kinds of marks
Definition of a mark that go away with the usual logos. These are:
A mark is any visible sign that distinguishes the 1. Sound Marks (ex. the McDo Sound)
products (trademark) or services (service
mark) of an enterprise, which includes the 2. Smell Marks
container of the products or the packaging. 3. Touch Marks
It can be a word, a symbol, or a combination of 4. Movement Marks (ex. the hands in
both. Nokia when the phone starts)
Types/Spectrum of Distinctiveness 5. Position Marks (ex. the stripes in
The relationship between a mark and its Adidas)
product can be defined using the 6. 3-Dimensional Marks (ex. Coke bottle,
types/spectrum of distinctiveness. fast-food mascots)
1. Fanciful---the mark is a made-up mark 7. Hologram Marks
and has zero relation to the product.
8. Colour Marks
 ex. Kodak (cameras), Xerox
(photocopying services) Functions of a Trademark

2. Arbitrary---the word is a common, 1. Indicators of Origin (like Absolut Vodka

generic one but like fanciful, it has zero from Sweden)
relation to the product. 2. Indicators of Quality
 ex. Apple (gadgets), Bench (a 3. Advertising Function
clothing store)
Importance of Trademarks
3. Suggestive---the word is still generic,
but this time, it has a relation to the 1. Grants exclusivity
product since it hints it, but does not 2. Gains reputation
directly describe it.
3. Generates goodwill
 ex. Fresh (for candies),
Manhattan (a clothing store) What are the marks that cannot be
registered?
4. Descriptive---the word directly
describes a product, and this cannot be These marks cannot be registered as
registered as a trademark, unless it trademarks for various reasons:
obtains a second meaning for the
1. Immoral, deceptive, scandalous, and
product. disparage marks.
 ex. Durable (for tries), Delicious 2. Flags, coat of arms, other emblems.
(a brand of food)
3. Misleading marks (such as Bolpen for
5. Generic---this is the product itself, and pencils)
it cannot be registered unless it obtains
a second meaning for the product. 4. Generic Indications

 ex. Burger (for burgers), Resto 5. Customary of usual in trade

(for restaurants) 6. Descriptive indications
Kinds of Non-Traditional Marks 7. Descriptive as to origin
8. Colour marks
 9. 3D Marks COPYRIGHT
10. Names, portraits, and signatures What is a copyright?
11. Identical/confusingly similar marks. ---Copyright pertains to the rights given
Geographical Indications (GIs) to creators and authors for their literary and
artistic works. Protected works include
It identifies a good as originating in territory, writings, music, visual arts, and even technical
region or locality, where given quality, works. Copyright protects the expression of the
reputation or other characteristic of the good is ideas but not the ideas themselves.
essentially attributable to its geographical
origin. What can be copyrighted?

The main difference of GIs to marks descriptive 1. Original Literary and Artistic Works---
to origin is that GIs do not directly describe the these works are completely original and
product. Instead a second meaning is acquired new, and is directly made from the
as to that product is well-associated, in its intellect from a person.
quality and reputation, to a particular place or  Books, pamphlets, articles, and
region. other writings
 Periodicals and newspapers
 Lectures, sermons, addresses,
and dissertations prepared for
oral delivery, whether or not
reduced in writing or other
material form.
 Letters
 Dramatic or dramatico-musical
compositions, choreographic
work or entertainment in dumb
shows
 Musical compositions, with or
without words
 Works of drawing, painting,
architecture, sculpture,
engraving, lithography, or other
works of art; models or designs
for works of art
 Original ornamental designs or
models for articles of
manufacture, whether or not
registrable as an industrial
design, and other works of
applied art
 Illustrations, maps, plans,
sketches, charts, and three-
dimensional works relative to
 geography, topography, 2. Moral Rights---It allows the owner to
architecture or science. take certain actions to preserve the
personal link between himself/herself
 Drawings or plastic works of a
and his work as well as its integrity.
scientific or technical character.
These are: the right of being attributed
 Photographic works including as the author, the right of altering the
works produced by a process work; the right of objecting to distortion
analogous to photography; prejudicial to his reputation; the right to
lantern slides restrain the use of his name. Unlike
economic rights, moral rights cannot be
 Audio-visual works and transferred, assigned or licensed.
cinematographic works, and
works produced by a process The copyright covers the lifetime of the author
analogous to cinematography or and 50 years after his/her death. This is the
any process for making audio- usual case, although there are some cases
visual recordings. wherein this 50 years can be longer or shorter,
such as joint authorship
 Pictorial illustrations and
advertisements
 Computer programs
 Other literary, scholarly,
scientific, and artistic works.
2. Derivative works---these are based on
any original work listed above
 Dramatizations, adaptations, and
translations (ex. from books to
movies (Harry Potter), dubbed
shows and movies)
 Collections (Shakespeare’s
sonnets)
Overall, any work that comes out of the mind is
immediately protected by copyright, but this is
only further strengthened if it is registered to
prevent further copying and misuse.
Benefits of Copyright
1. Economic Rights---It allows the owner to
derive economic or financial reward,
referred to as a “royalty” from the use of
his/her works to others. A copyright
owner can transfer or assign the rights
to his work to individuals or groups.
He/she can prohibit or authorize others
to: reproduce the work, perform it in
public, communicate to it to the public;
the derivation of it; and the distribution,
sale, rental or public display or the
work.