INTELLECTUAL
PROPERTY RIGHTS
WHAT IS AN INTELLECTUAL
PROPERTY RIGHT?
• Intellectual property rights refer to the
entitlements granted to individuals for their
creative outputs. These rights typically grant
creators exclusive control over the use of their
creations for a specified duration. They
encompass legal protections ensuring the
safeguarding of original works, inventions,
product designs, artistic expressions, scientific
innovations, and more.
WHAT IS ITS IMPORTANCE?
• Intellectual property rights stimulate innovation
across various domains, such as technology, art,
and inventions, thereby fostering economic
expansion. These rights motivate individuals to
keep generating new ideas, leading to job
creation and the development of innovative
technologies that contribute to the advancement
and evolution of our society.
TYPES OF INTELLECTUAL PROPERTY RIGHTS
PATENTS TRADEMARKS COPYRIGHTS TRADE SECRETS
Limited-duration Distinctive sign Protects original Private informations
protection works of authorship
PATENT
• According to the U.S. Patent and Trademark Office (USPTO), a
patent offers temporary protection for inventions that meet
specific criteria: they must be novel, not obvious, and useful,
like a new process, machine, or composition of matter. A
patent functions to prevent unauthorized creation, sale, or
utilization of the invention. When an individual or entity holds a
patent, they have exclusive rights, meaning others are legally
barred from selling, making, or using the patented item or
process. Patent owners have the liberty to commercialize their
patent by selling it outright, acquiring more patents, or
engaging in licensing agreements with third parties under
mutually agreed terms.
TRADEMARKS
• A trademark is a unique identifier used by businesses to
distinguish their products or services, ranging from logos like
McDonald's Golden Arches to various forms including text,
phrases, symbols, sounds, smells, or color schemes. Unlike
patents that safeguard specific inventions or processes,
trademarks can encompass entire categories of products or
services.
• Unlike patents and copyrights that have set expiration dates,
trademark rights are sustained through ongoing use and have
the potential to endure indefinitely. Although registering a
trademark is not mandatory, it provides extra advantages and
safeguards akin to those of copyright registration.
COPYRIGHTS
• Copyright is intellectual property that safeguards original
works like literary pieces, music, art, computer software, and
architectural designs.
• Copyright protects the specific expression or manifestation of
ideas, not the ideas themselves.
• Upon creation, copyright protection is automatic; the creator
holds the copyright immediately. However, registering the
copyright is typically required for legal action against
infringement.
• The copyright owner holds exclusive rights to sell, publish, and
reproduce their works. This exclusivity allows them to control
the commercial use and distribution of their creative works.
TRADE SECRETS
• Trade secrets are confidential information vital to a business,
providing a competitive advantage. Unauthorized acquisition of
a trade secret by another company can significantly harm the
original holder's market position.
• These secrets are the confidential core of a business, including
proprietary systems, formulas, strategies, or other classified
information intended for internal use only. This protection is
essential for businesses aiming to maintain a competitive edge.
• Trade secrets are protected without formal registration.
However, if a breach occurs, such as theft of the trade secret,
the owner can pursue legal action through the courts to
prevent the offending party's unauthorized use of the trade
secret.
INTELLECTUAL PR0PERTY
CODE OF THE PHILIPPINES
Republic Act No. 8293
HISTORY OF THE IP SYSTEM IN PH.
The development of intellectual property laws in the Philippines has evolved
through several key legislative milestones:
• The Spanish Law on Intellectual Property, enacted in 1880
during Spanish colonial rule, established copyright as a
property right under civil law with special legislative provisions.
• The Treaty of Paris in 1898 marked the transition from Spanish
to American colonial rule, leading to the application of U.S.
patent laws in the Philippines through Act No. 2235 in 1913.
• Act No. 3134, based on the U.S. Copyright Law of 1909,
became the main intellectual property law until Philippine
independence in 1945.
HISTORY OF THE IP SYSTEM IN PH.
The development of intellectual property laws in the Philippines has evolved
through several key legislative milestones:
• Post-independence, Republic Act 165 and Republic Act 166
were enacted in 1947, establishing a patent office and
providing for the registration and protection of trademarks,
trade names, and service marks.
• During the Marcos administration, Presidential Decree No. 49
replaced Act No. 3134 as the governing law for copyright
works.
• The Philippines entered into international conventions such as
the Berne Convention in 1951 and the Rome Convention in
1964, which laid the groundwork for the modern intellectual
property system.
HISTORY OF THE IP SYSTEM IN PH.
The development of intellectual property laws in the Philippines has evolved
through several key legislative milestones:
• The World Intellectual Property Organization (WIPO) was
established in 1980, with the Philippines as an early signatory
in the 1960s.
• The 1987 Philippine Constitution recognized intellectual
property rights, emphasizing their importance in Article XIV,
Section 13.
• In 1995, the Philippines joined the World Trade Organization
(WTO) and adhered to the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement.
HISTORY OF THE IP SYSTEM IN PH.
The development of intellectual property laws in the Philippines has evolved
through several key legislative milestones:
• In 1997, efforts to consolidate intellectual property laws
culminated in the passage and enforcement of Republic Act
8293, known as the Intellectual Property Code, in 1998,
aligning Philippine law with international standards and
commitments
RA NO. 8293
- AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING
THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND
FUNCTIONS, AND OTHER PURPOSES.
CONTENTS
• PART I: THE INTELLECTUAL PROPERTY OFFICE (SECT 1 – 19)
• Part II: The Law of Patents (Sect 20 – 120)
• Part III: The Law on Trademarks, Service Marks, and Trade Names (Sect 121-170)
• Part IV: The Law on Copyright (Sect 171 – 229)
• Part V: Final Provisions (Sect 230 – 241)
SALIENT PROVISIONS
• Intellectual Property Office (Sect. 5)
• Bureau of Patents (Sect. 8)
• Bureau of Trademarks (Sect. 9)
• Bureau of Legal Affairs (Sect. 10)
• Documentation, Information, and Technology Transfer Bureau (Sect. 11)
CHAPTER II: PATENTABILITY
• According to Section 21, patentable inventions must offer a
technical solution to a problem in any field, be new, involve an
inventive step, and be industrially applicable. This includes
products, processes, or improvements. Section 23 (Novelty)
states that an invention is not considered new if it is already
part of the prior art.
CHAPTER III: RIGHT TO PATENT
• Section 28 stipulates that the inventor, their heirs, or assigns
hold the right to a patent. If an invention is jointly created by
multiple people, they share the patent rights.
• Section 29 introduces the "First to File Rule," which awards the
patent to the individual who files the earliest application, even
if others independently created the same invention.
CHAPTER IV: PATENT APPLICATION
• The patent application must be written in Filipino or English
and must include the following components:
• (a) A formal request for the patent to be granted;
• (b) A detailed description of the invention;
• (c) Drawings that are essential for understanding the invention;
• (d) One or more claims defining the scope of the invention; and
• (e) An abstract summarizing the invention.
(Sect 32)
CHAPTER V: PROCEDURE FOR A GRANT OF PATENT
• A patent granted in the Philippines is issued in the name of the
Republic and sealed by the Office. It is signed by the Director
and recorded with the description, claims, and drawings in the
Office's records (Section 53). Patents are valid for twenty (20)
years from the application filing date (Section 54).
CHAPTER V: PROCEDURE FOR A GRANT OF PATENT
• To maintain a patent application or patent, annual fees must
be paid starting four (4) years after publication and on each
subsequent anniversary. Payments can be made up to three (3)
months before the due date. Obligations to pay cease if the
application is withdrawn, refused, or canceled (Section 55).
• The patent owner, with consent from all relevant parties
holding recorded rights, can surrender the patent or specific
claims to the Office for cancellation (Section 56).
CHAPTER VI: CANCELLATION OF PATENT
• Any interested person can petition to cancel a patent or claim
by paying the required fee. Grounds for cancellation include
lack of novelty, insufficient disclosure, or violation of public
order or morality (Section 61).
• If a case for cancellation is proven, the Committee will order
the cancellation of the patent or specific claims (Section 65).
CHAPTER VII: REMEDIES FOR THE PATENT RIGHT
• - If a person, wrongfully deprived of a patent, is proven to be
the true inventor, the court can order their substitution as
patentee, cancellation of the patent, and award damages
(Section 68).
PART III: THE LAW ON TRADEMARKS, SERVICE
MARKS AND TRADE NAMES
• A "mark" is any visible sign that distinguishes the goods or
services of an enterprise (Section 121).
• Applicants or registrants must file a declaration of actual use
of the mark within three (3) years of the filing date; failure to
do so may result in the refusal or removal of the mark from the
register (Section 124).
• Certain marks, including those contrary to public order or
morality, cannot be registered (Sections 123, 124).
• A trademark registration certificate lasts for ten (10) years and
can be renewed for additional ten-year periods (Sections 145,
146).
• Registration can be canceled if justified; cancellation
terminates any rights conferred by the registration (Section
154).
PART IV: THE LAW ON COPYRIGHT
• An "author" is the natural person who created the work
(Section 171).
• Copyright protection extends to various original intellectual
creations, including books, articles, music, paintings, computer
programs, and other works (Section 171).
• Copyright ownership rules apply to works created during
employment; the employer generally owns copyright for works
created within regular duties (Section 178).
• Copyright can be assigned in whole or part, and assignees
have the same rights and remedies as the assignor (Section
180).
INDUSTRIAL DESIGN
An industrial design refers to the aesthetic aspect of an article,
including its shape, surface, patterns, or colors, whether three-
dimensional or two-dimensional. The owner of a registered
industrial design has the right to prevent others from commercially
making, selling, or importing articles that copy or substantially
resemble the protected design for commercial purposes.
To be registrable, an industrial design must be new or original.
Designs dictated by technical considerations or existing solely as
surface ornamentation separate from the article are not registrable.
Industrial design registration lasts for 5 years from the filing date
and can be renewed for up to two consecutive periods of 5 years
each by paying a renewal fee within a year of the registration's
expiration. Industrial design registrations are subject to provisions
similar to those governing patents.
THANK
YOU
