INTELLECTUAL PROPERTY
Registration of applications for
trademark, patent, utility model,
industrial design and patent
cooperation treaty applications are filed
with the Philippine Intellectual Property
Office (IPO).
Intellectual Property
Category of property that includes intangible creations of the human intellect
.The value of an IP asset represents the potential future economic benefits to the IP owner or authorized
user
Only intellectual protection tools such as patents, designs or models, trademarks or copyrights can
protect the materialization of an idea
Patents, copyright and trademarks, trade dress and trade secrets, and geographical indication are
some examples of IP which enable people to earn recognition or financial benefit from what they invent or
create.
Intellectual Property Right(IPR)
● Intellectual property rights (IPR) refer to the legal rights given to the inventor or creator to protect
his invention or creation for a certain period of time.
● legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his
invention/creation for a given period of time
● It provides a mechanism of handling infringement, piracy, and unauthorized use.
The protection of Intellectual Property Rights (IPR) is important for
● drives economic growth and competitiveness,
● helps generate breakthrough solutions to global challenges,
● encourage innovation and reward entrepreneurs
● growth in areas such as research, innovation and employment.
● IPR enforcement is also essential to health and safety..
● IPR creates and supports high-paying jobs,
CHARACTERISTICS AND NATURE OF INTELLECTUAL PROPERTY RIGHT
Intangible property
● IP does not cover the created physical object but retains the conceptual development behind the
physical object.
● Intellectual property law does not deal with the material object in which the works of the mind
have represented. The main feature which distinguishes IP from other types of property is its
intangibility.
● IP is about a person’s ability to produce a new idea and put it before the public
2. Rights & Duties
● IP not only gives rise to rights of ownership but also to duties. In relation to his work/product, the
IP owner has the right to conduct such actions.
● He is entitled exclusively to produce, copy the work, market the work.
● Protect the right against infringement.
● IPR law grants the proprietor’s exclusive right to exclusion
● Philippine conglomerate San Miguel opposes the registration of the “Magnolia Bakery” mark filed
by Magnolia Intellectual Property LLC; the decision affirms the reputation and popularity of San
Miguel’s “MAGNOLIA” mark,
[Link] of Statute-
● A statute is a formal written enactment of a legislative authority that governs the legal entities of a
city, or country by way of consent.
4. Territoriality
● Intellectual property laws are mainly territorial and apply only within the relevant competence.
Although the agreement sets the minimum standard in its respective municipal laws for all
nations, the IP laws around the world are not harmoniously united.
● Limited to the territory of the country where they have been granted.
● U.S. trademark and patent registrations will not protect rights holders’ IP in the Philippines. There
is no such thing as an “international copyright” that will automatically protect an author’s writings
throughout the world.
5. Assignable
● They should obviously be granted (licensed), because they are privileges.
● IP may be bought, sold or licensed, employed or affiliated.
6. Dynamism
● The IPR is constantly changing.
● The IP sector is also developing accordingly, as technology in all areas of human activities is
changing exponentially.
● In accordance with the demand for scientific and technological advancement, the scope of its
defence is being extended
INTELLECTUAL PROPERTY
1. Copyright
● a form of legal protection that protects “original works of authorship fixed in any tangible medium
of expression from which they can be perceived, reproduced, or otherwise communicated, either
directly or with the aid of a machine or device.”
● Copyright relates to expression of ideas in material form and includes musical, dramatic,
cinematography work, audio tapes, and computer software
Copyrightable work are protected from the moment of creation.
The owner of the work or his/her assignees/successors-in-interest has the right to apply for copyright
registration.
What are considered copyrightable works in the Philippines?
[Link] intellectual creations in the literary and artistic domain are copyrightable.
[Link] ,pamphlets , articles and other writings
[Link] and newspapers, lectures, sermons, dissertation for oral defense
[Link] composition, choreographic work, drawings, paintings
[Link] sculture, original ornamental designs,3D relative to Geography
[Link] work, audio visual recordings, illustrations, computer programs
f. Derivative work like:
[Link], translation, adaptation, other alteration of literary music work
Can the author/ creator of any work waive or transfer copyright on his/her work in favor of an
organization or another individual? YES
What is the duration of copyright protection in the Philippines?
● Copyright protection for artistic, literary and derivative works lasts during the lifetime of the author
plus 50 years after his [Link] case of joint authorship,the economic rights shall be protected
during the lifetime of the last surviving author plus 50 years
Copyright infringement
● The use or production of copyright-protected material without the permission of the copyright
holder. Copyright infringement means that the rights afforded to the copyright holder, such as the
exclusive use of a work for a set period of time, are being breached by a third party.
[Link]
● A patent is the granting of a property right by an authority to an inventor
● A patent provides the inventor exclusive rights to the patented process, design, or invention for a
certain period in exchange for a complete disclosure of the invention.
●
● The basic reason for patenting an invention is to make money through exclusivity, i.e., the
inventor or his assignee would have a monopoly
● if the patent agent has described and claimed the invention correctly in the patent specification
drafted, then the resultant patent would give the patent owner an exclusive market.
● A patent is awarded for an invention, which satisfies the criteria of global novelty,
non-obviousness, and industrial or commercial application. Patents can be granted for products
and processes
● patent provides the patent owner with the right to decide how - or whether - the invention can be
used by others.
● the patent owner makes technical information about the invention publicly availablein the
published document.
● The patentee can exercise his exclusivity either by marketing the patented invention himself or by
licensing it to a third party.
3. Trademark
● A trademark is a sign capable of distinguishing the goods or services of one enterprise from those
of other enterprises.
● Trademarks date back to ancient times when artisans used to put their signature or "mark" on
their products.
● Trademarks relate to any mark, name, or logo under which trade is conducted for any product or
service and by which the manufacturer or the service provider is identified. Trademarks can be
bought, sold, and licensed
[Link] Design
● An industrial design constitutes the ornamental or aesthetic aspect of an article.
● Industrial design is a process of design applied to products that are to be
● manufactured through techniques of mass production.
● Industrial designs relates to features of any shape, configuration, surface pattern, composition of
lines and colors applied to an article whether 2-D or 3
5. Geographical Indication
● Geographical indications and appellations of origin are signs used on goods that have a specific
geographical origin and possess qualities, a reputation or characteristics that are essentially
attributable to that place of origin.
● Geographical indications are indications, which identify as good as originating in the territory of a
country or a region or locality in that territory where a given quality, reputation, or other
characteristic of the goods is essentially attributable to its geographical origin
6. Trade Secrets
● Trade secrets are IP rights on confidential information which may be sold or licensed.
● The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to
honest commercial practices by others is regarded as an unfair practice and a violation of the
trade secret protection.
● Undisclosed information, trade secret or confidential information, includes formula, pattern,
compilation, programme, device, method, technique, or process
Dress Trade Infringement
occurs when one product's design or packaging copies or mimics that of another product to the extent
that there is a likelihood of confusion in the mind of the purchasing public.
Difference between Trade Mark and Trade Dress
Trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the
manufacturer of a product.
Trade dress protects all elements used to promote a specific service or product. Examples of trade dress
include packaging and the atmosphere or décor within a place of business.
