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Intellectual property right

  2. 2. 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 includes inventions (patents), trademarks, industrial designs, and geographic indications of source; while copyright includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. However, exclusive rights of the scientists, researchers, inventors, artists, and other gifted citizens in our country are not suitably protected as they should be. Most of them have apprehensions in applying for intellectual property rights.
  3. 3. 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
  4. 4. 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.
  5. 5. 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.
  6. 6. 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.
  7. 7. 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.
  8. 8. NON-PATENTABLE INVENTIONS Discovery Scientific theory Mathematical methods Scheme, rule and method of performing mental act playing games doing business program for computer Method for treatment – human or animal body by surgery or therapy & diagnostic method Plant variety or animal breed or essentially biological processes for the production of plants and animals Aesthetic creation Contrary to public order or morality
  10. 10. 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
  11. 11. 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.
  12. 12. 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.
  13. 13. 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
  14. 14. 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;
  15. 15. 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
  16. 16. TRADEMARK REGISTRATION  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.
  17. 17. 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.
  18. 18. 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
  19. 19. 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
  20. 20. 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.
  21. 21. 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).
  22. 22. 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.
  23. 23. 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.
  24. 24. 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.
  25. 25. 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.
  26. 26. 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 twodimensional 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.
  27. 27. 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.
  28. 28. 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.
  29. 29. 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.