AR341

PROFESSIONAL PRACTICE 1
BUILDING LAWS
AR341: PROFESSIONAL PRACTICE 1

MODULE 2
tHE PRACTICE OF ARCHITECTURE & THE PRC MODERNIZATION ACT
INTENDED LEARNING OUTCOME

1. Familiarize with the Intellectual Property Rights of

Professionals
2. Make an assessment and understanding of the
Intellectual Property Code of the Philippines
3. Establish the importance of the Intellectual
Property Code to the practice of Architecture in
the Philippines.
TOPICS

The discussion will focus primarily into 2

topics:
1. Intellectual Property Rights
2. Intellectual Property Law
 RA 8293

THE INTELLECTUAL

PROPERTY CODE OF

THE PHILIPPINES
THE IPR CONTEXT

According to the World Intellectual Property Organization (WIPO), intellectual property (IP)
is divided into two categories, namely, industrial property and copyright.

industrial property copyright

while copyright includes literary and artistic works such

Industrial property includes
as novels, poems and plays, films, musical works, artistic
inventions (patents), works such as drawings, paintings, photographs and
trademarks, industrial designs, sculptures, and architectural designs. However, exclusive
rights of the scientists, researchers, inventors, artists, and
and geographic indications of other gifted citizens in our country are not suitably
source; protected as they should be. Most of them have
apprehensions in applying for intellectual property rights.
INTELLECTUAL PROPERTY RIGHT (IPR)
The term "intellectual property rights"
consists of:
Copyright and Related Rights
Trademarks and Service Marks
Geographic Indications
Industrial Designs
Patents
Layout-Designs (Topographies) of
Integrated Circuits
Protection of Undisclosed Information
GOVERNMENT AGENCIES

The agency of the government in charge of the implementation of the Intellectual Property
Code is the Intellectual Property Office which replaced the Bureau of Patents, Trademarks
and Technology Transfer. It is divided into six [6] Bureaus, namely:

Bureau of Patents
Bureau of Trademarks
Bureau of Legal Affairs
Documentation, Information and Technology Transfer Bureau
Management Information System and EDP Bureau
Administrative, Financial and Personnel Services Bureau.
INTELLECTUAL PROPERTY OFFICE

The Intellectual Property Office of the Philippines (IPOPHL) is the lead

agency responsible for handling the registration and conflict
resolution of intellectual property rights.

It was created by virtue of Republic Act No. 8293 or the Intellectual

Property Code of the Philippines, which took effect on January 1, 1998
under the presidency of Fidel V. Ramos.
PATENTS

A Patent is a grant issued by the government through the Intellectual

Property Office of the Philippines.
It is an exclusive right granted for a product, process or an
improvement of a product or process which is new, inventive and
useful. This exclusive right gives the inventor the right to exclude others
from making, using, or selling the product of his invention during the
life of the patent. A patent has a term of protection of twenty (20)
years providing an inventor significant commercial gain. In return, the
patent owner must share the full description of the invention.
PATENTABLE INVENTIONS

Any technical solution of a problem in any field of human activity

which is new, involves an inventive step and is industrially applicable
shall be patentable.
NON-PATENTABLE INVENTIONS

Discovery Method for treatment – human or

Scientific theory animal body by surgery
Mathematical methods or therapy & diagnostic method
Scheme, rule and method of Plant variety or animal breed or
performing mental act essentially biological
playing games processes for the production of
doing business plants and animals
program for computer Aesthetic creation
Contrary to public order or
morality
REQUIREMENTS FOR FILING A PATENT

Request for the Grant of Patent

Description of the Invention (Specification and
Claim/s)
Drawings necessary for the Invention (if any)
Filing Fee
trademarks
TRADEMARKS

"Mark" means any visible sign capable of distinguishing the goods (trademark) or services
(service mark) of an enterprise and shall include a stamped or marked container of goods. A
trademark is a tool used that differentiates goods and services from each other. It is a very
important marketing tool that makes the public identify goods and services. A trademark can
be one word, a group of words, sign, symbol, logo, or a combination of any of these.
Generally, a trademark refers to both trademark and service mark, although a service mark
is used to identify those marks used for services only.
TRADEMARK PROTECTION

A trademark can be protected through registration.

Registration gives the trademark owner the
exclusive right to use the mark and to prevent
others from using the same or similar marks on
identical or related goods and services.
Before applying for trademark registration, it would
help if you conduct a search in the trademarks
database to determine if there are identical or
similar marks that would prevent the registration of
your mark. This is to prevent future conflicts with
marks that are already registered or with earlier
filing dates.
TRADEMARK REGISTRATION

The name and address of the applicant

The name of a State of which the applicant is a
national or where he has domicile
Where the applicant is a juridical entity, the law
under which it is organized and existing
The appointment of an agent or representative,
if the applicant is not domiciled in the
Philippines
TRADEMARK REGISTRATION

Where the applicant claims the priority of an earlier application,

an indication of:
The name of the State with whose national office the earlier
application was filed or it filed with an office other than a
national office, the name of that office
The date on which the earlier application was filed
Where available, the application number of the earlier
application
Where the applicant claims color as a distinctive feature of
the mark, a statement to that effect as well as the name or
names of the color or colors claimed and an indication, in
respect of each color, of the principal parts of the mark
which are in that color;
TRADEMARK REGISTRATION

Where the mark is a three-dimensional mark, a statement to

that effect
One or more reproductions of the mark, as prescribed in the
Regulations
A transliteration or translation of the mark or of some parts of
the mark, as prescribed in the Regulations
The names of the goods or services for which the registration
is sought, grouped according to the classes of the Nice
Classification, together with the number of the class of the
said Classification to which each group of goods or services
belongs
A signature by, or other self-identification of, the applicant or
his representative.
copyright
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.

Works are protected by the sole fact of their creation, irrespective of their mode or form of
expression, as well as their content, quality and purpose. Thus, it does not matter if, in the
eyes of some critics, a certain work has little artistic value. So long as it has been
independently created and has a minimum of creativity, the same enjoys copyright
protection.
WORKS COVERED BY COPYRIGHT PROTECTION

Books, pamphlets, articles and other

writings
Periodicals and newspapers
Lectures, sermons, addresses, dissertations
prepared for oral delivery, whether or not
reduced in writing or other material form
Letters
Dramatic or dramatico-musical
compositions; choreographic
works or entertainment in dumb shows
Musical compositions, with or without words
WORKS COVERED BY COPYRIGHT PROTECTION

Works of drawing, painting, architecture, sculpture,

engraving, lithography or other work 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
threedimensional works relative to geography,
topography, architecture or science
Drawings or plastic works of a scientific or technical
character
WORKS COVERED BY COPYRIGHT PROTECTION

Photographic works including works

produced by a process analogous to
photography; lantern slides
Audiovisual works and cinematographic works
and works produced by a process analogous
to cinematography or any process for making
audio-visual recordings
Pictorial illustrations and advertisements
Computer programs
Other literary, scholarly, scientific and artistic
works.
TERM OF PROTECTION OF COPYRIGHT

In general, the term of protection of copyright for

original and derivative works is the life of the author
plus fifty (50) years after his death. The Code specifies
the terms of protection for the different types of works.
In calculating the term of protection, the term of
protection subsequent to the death of the author shall
run from the date of his death or of publication, but
such terms shall always be deemed to begin on the
first day of January of the year following the event
which gave rise to them (i.e. death, publication,
making).
COPYRIGHT INFRINGEMENT

Copyright infringement consists in infringing any right secured or

protected under the Code. It may also consist in aiding or abetting
such infringement. The law also provides for the liability of a person
who at the time when copyright subsists in a work has in his
possession an article which he knows, or ought to know, to be an
infringing copy of the work for the purpose of:
Selling or letting for hire, or by way of trade offering or
exposing for sale or hire, the article
Distributing the article for the purpose of trade, or for any other
purpose to an extent that will prejudice the rights of the
copyright owner in the work
Trade exhibit of the article in public.
COPYRIGHT REGISTRATION

A duly accomplished form in duplicate for each work, provided,

that a separate application is submitted for each number of a
periodical containing a notice of copyright.
A support document evidencing ownership of the copyright, the
manner of its acquisition if the claimant is not the original
author translator, or editor, and where and in what
establishment the work was made, performed, printed, or
produced, and the date of its completion and publication.
Receipt showing payment of the registration fee if the
application is filed personally, or by postal money order if the
application is filed by registered mail.
COPYRIGHT REGISTRATION

Documentary stamps in the correct amount, which shall be affixed to the registration and
deposit certificate.
Two (2) complete copies or reproduction of the work or replica or picture
Two (2) printed copies with the copyright notice printed in front or at the back of the title
page or on any conspicuous space for a non-book material, if the work is a published
work.
Documentary stamps in the correct amount, which shall be affixed to the registration and
deposit certificate.
Two (2) complete copies or reproduction of the work or replica or picture
Two (2) printed copies with the copyright notice printed in front or at the back of the title
page or on any conspicuous space for a non-book material, if the work is a published
work.
iNDUSTRIAL DESIGN
iNDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an article. The
design may consist of three-dimensional features, such as the shape or surface of
an article, or of two dimensional features, such as patterns, lines or color.
Industrial designs are applied to a wide variety of products of industry and
handicraft: from technical and medical instruments to watches, jewelry, and
other luxury items; from house wares and electrical appliances to vehicles ; from
textile designs to leisure goods.

To be protected under most national laws, an industrial design must be non-

functional. This means that an industrial design is primarily of an aesthetic nature
and any technical features of the article to which it is applied are not
protected.
DESIGN PROTECTION
DESIGN PROTECTION

When an industrial design is protected, the owner – the person or entity that has
registered the design – is assured an exclusive right against unauthorized
copying or imitation of the design by third parties.

This helps to ensure a fair return on investment. An effective system of protection

also benefits consumers and the public at large, by promoting fair competition
and honest trade practices, encouraging creativity, and promoting more
aesthetically attractive products.
UTILITY MODELS
UTILITY MODELS

A Utility Model is a protection option, which is designed to protect innovations

that are not sufficiently inventive to meet the inventive threshold required for
standard patents application. It may be any useful machine, implement, tools,
product, composition, process, improvement or part of the same, That is of
practical utility, novelty and industrial
applicability.

A utility model is entitled to seven (7) years of protection from the date of filing,
with no possibility of renewal.
UTILITY MODELS—REGISTRATION

An application for registration should contain a duly accomplished request for

registration as prescribed by the Bureau, specification or description containing
the following:
Title
Technical field
Background of the Utility Model
Brief description of the several views of the drawings
Detailed description
Claim or claims
Drawings
Abstract of the disclosure.
end of lecture