Intellectual Property
Topics include:
Intellectual Property
Copyrights
Patents
What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind such as
inventions, literary and artistic works, designs, symbols, names and images
used in commerce.
IP is protected in law by, for example, patents, copyright and
trademarks, which enable people to earn recognition or financial benefit from
what they invent or create. By striking the right balance between the interests
of innovators and the wider public interest, the IP system aims to foster an
environment in which creativity and innovation can flourish.
Countries generally have laws to protect IP for two main reasons:
• to give statutory expression to the rights of creators and innovators in
their creations and innovations, balanced against the public interest in
accessing creations and innovations;
• to promote creativity and innovation, so contributing to economic and
social development.
Types of Intellectual Property
• Copyright
• Patents
• Trade Secrets
• Industrial Designs
• Geographical Indications
• Trademark
The significant violations of intellectual property consist of infringement,
counterfeiting, and misappropriation of trade secrets. Violations of intellectual
property include:
• Creating a logo or name meant to confuse buyers into thinking they’re
buying the original brand
• Recording video or music without authorization or copying copyrighted
materials (yes, even on a photocopier, for private use)
• Copying another person’s patent and marketing it as a new patent
• Manufacturing patented goods without a license to do so
Since intellectual property can be bought, sold, or leased out, it offers many
protections equal to real property ownership. Likewise, similar remedies exist.
A dispute may end with property confiscation, an order of monetary damages,
or cease and desist orders.
What is Intellectual Property System?
IP is protected by different laws and mechanisms for example, patents,
copyright and trademarks, geographical indications, industrial designs, and
trade secrets which enable people to earn recognition or financial benefit from
what they invent or create. By striking the right balance between the interests
of innovators and the wider public interest, the IP system aims to foster an
environment in which creativity and innovation can flourish.
What is Intellectual Property System for?
• Enables people to earn recognition financial benefit from what they
invent or create
• Aims to foster a balanced environment in which creativity and
innovation can flourish
What is Intellectual Property Right?
The definition of intellectual property rights is any and all rights associated
with intangible assets owned by a person or company and protected against
use without consent. Intangible assets refer to non-physical property,
including right of ownership in intellectual property.
Examples of intellectual property rights include:
• Ser
• Patents
vice
• Domain names
mar
• Industrial design
ks
• Confidential information
• Log
• Inventions
os
• Moral rights
• Database rights
• Works of authorship
Copyrights
Copyright (or author’s right) is a legal term used to describe the rights that
creators have over their literary and artistic works. Works covered by
copyright range from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps, and technical
drawings.
Types of Copyright
1. Economic Right
- allow the rights owner to derive financial reward from the use of their
works by others.
Rights owner can authorize or prohibit through:
• reproduction of the work in various forms, such as printed publications
or sound recordings;
• distribution of copies of the work;
• public performance of the work;
• broadcasting or other communication of the work to the public;
• translation of the work into other languages; and
• adaptation of the work, such as turning a novel into a screenplay.
2. Moral Right
- allow authors and creators to take certain actions to preserve and
protect their link with their work.
Examples of a widely recognized moral rights include:
(i) the right to claim authorship of a work (sometimes called the right of
paternity or the right of attribution); and
(ii) the right to object to any distortion or modification of a work, or other
derogatory action in relation to a work, which would be prejudicial to
the author’s honor or reputation (sometimes called the right of
integrity).
Patents
A patent is an exclusive right granted for an invention, which is a product or a
process that provides, in general, a new way of doing something, or offers a
new technical solution to a problem. To get a patent, technical information
about the invention must be disclosed to the public in a patent application.
What are the benefits of Patents?
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.
Eligibility of Patents
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. Prior art is explained in the
Intellectual Property Code of the Philippines, Chapter 2, Section 24 - 24.2
An invention involves an inventive step if, having regard to prior art, it is not
obvious to a person skilled in the art at the time of the filing date or priority
date of the application claiming the invention. An invention that can be
produced and used in any industry is considered industrially applicable.
Term of protection of Patents
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.
Types of Patents
Utility Patent
A utility patent covers the creation of a new or improved product, process, or
machine. Also known as a “patent for invention,” it bars other individuals or
companies from making, using, or selling the creation without consent. Utility
patents are good for up to 20 years after the patent application is filed, but
require the holder to pay regularly scheduled maintenance fees.
Plant Patent
A plant patent protects a new and unique plant’s key characteristics from
being copied, sold, or used by others. It is also good for 20 years after the
application is filed. The plant must be asexually reproducible with reproduction
being genetically identical to the original and performed through methods
such as root cuttings, bulbs, division, or grafting and budding.
Design Patent
A design patent, on the other hand, applies to the unique look of a
manufactured item. Take, for example, an automobile with a distinctive hood
or headlight shape. These visual elements are part of the car’s identity and
may add to its value; however, without protecting these components with a
patent, competitors could potentially copy them without legal consequences.
