515247273-Intellectual-property-Powerpoint-Presentation-Julie.pdf

Intellectual property right

1. INTELLECTUAL
PROPERTY

2. What is Intellectual Property?
Intellectual property refers to creations of the mind, such as
inventions; literary and artistic works; designs; and
symbols, names and images used in commerce.

3. Intellectual Property is protected in law which enables
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 Intellectual Property system aims to foster an
environment in which creativity and innovation can
flourish.

4. Intellectual property refers to any creation or product of
the human mind or intellect. It can be an invention, an
original design, a practical application of a good idea, a
mark of ownership such as trademark, literary and artistic
works, among other things. It consists copyrights and
related rights, trademarks and service marks, geographic
indications, industrial designs, patents, layout-designs
(topographies) of integrated circuits, and protection of
undisclosed information (IPOPHL, 2013).
 

5. Republic Act 8293: Protecting the
Intellectual Property in the Philippines
An Act Prescribing The Intellectual Property Code And
Establishing The Intellectual Property Office, Providing
For Its Powers And Functions, And For Other Purposes.

6. Section 2 Declaration of State Policy
The State recognizes that an effective intellectual and industrial property system is
vital to the development of domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures market access for our
products. It shall protect and secure the exclusive rights of scientists, inventors,
artists and other gifted citizens to their intellectual property and creations,
particularly when beneficial to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of
registering patents, trademarks and copyright, to liberalize the registration on the
transfer of technology, and to enhance the enforcement of intellectual property
rights in the Philippines. (n)

7. Section 3. International Conventions
and Reciprocity
Any person who is a national or who is domiciled or has a
real and effective industrial establishment in a country
which is a party to any convention, treaty or agreement
relating to intellectual property rights or the repression of
unfair competition, to which the Philippines is also a party,
or extends reciprocal rights to nationals of the Philippines
by law, shall be entitled to benefits to the extent necessary
to give effect to any provision of such convention, treaty or
reciprocal law, in addition to the rights to which any owner
of an intellectual property rights is otherwise entitled by
this Act.(n)

8. Section 4. Definitions. - 4.1. The term
"intellectual property rights" consists of:
a) Copyright and Related Rights;
b) Trademarks and Service Marks;
c) Geographic Indications;
d) Industrial Designs;
e) Patents;
f) Layout-Designs (Topographies) of Integrated Circuits; and
g) Protection of Undisclosed Information
 

9. Section 5. Functions of the Intellectual
Property Office (IPO).
a) Examine applications for grant of letters patent for inventions and
register utility models and industrial designs;
b) Examine applications for the registration of marks, geographic
indication, integrated circuits;
c) Register technology transfer arrangements and settle disputes
involving technology transfer payments covered by the provisions of
Part II, Chapter IX on Voluntary Licensing and develop and
implement strategies to promote and facilitate technology transfer;
d) Promote the use of patent information as a tool for technology
development;

10. e) Publish regularly in its own publication the patents,
marks, utility models and industrial designs, issued and
approved, and the technology transfer arrangements
registered;
f) Administratively adjudicate contested proceedings
affecting intellectual property rights; and
g) Coordinate with other government agencies and the
private sector efforts to formulate and implement plans
and policies to strengthen the protection of intellectual
property rights in the country.

11. The Intellectual Property Office of the Philippines
 or
the IPOPHL was created by virtue of Republic Act
(R.A.) No. 8293. The law, otherwise known as the IP
Code of the Philippines, was signed by President Fidel
V. Ramos on June 6, 1997, and took effect on January 1,
1998.
  The IPOPHL, one of offices under the Office of
the Secretary (OSEC) of the DTI, leads the
implementation of state policies (i.e. registration and
conflict resolution) on IP.

12. REPUBLIC ACT NO. 10372
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC
ACT NO. 8293, OTHERWISE KNOWN AS THE
"INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES", AND FOR OTHER PURPOSES

13. On February 28, 2013, President Benigno S. Aquino III signed R.A. 10372, an
act amending certain provisions of R.A. 8239. Republic Act No. 10372 added
the seventh bureau, the Bureau of Copyright and Other Related Rights with
the following functions:
(1)
    Exercise original jurisdiction to resolve disputes relating to the terms of a
license involving the author’s right to public performance or other
communication of his work;
(2)
    Accept, review and decide on applications for the accreditation of
collective management organizations or similar entities;
(3)
    Conduct studies and researches in the field of copyright and related
rights; and
(4)
    Provide other copyright and related rights service and charge reasonable
fees therefor.

14. Scope
Copyrights
Industrial property
Patents
Trademarks
Domain Names and Cybersquatting
Trade Secrets
Franchise
Industrial Design

15. COPYRIGHT
Copyright is the legal protection extended to the owner of
the rights in an original work, which may refer to every
production in the literary, scientific, and artistic domain.
Among the literary and artistic works enumerated in the IP
Code are books, and other writings, musical works, films,
paintings and other works, and computer programs

16. 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 of drawing, painting, architecture, sculpture, engraving,
lithography or other work of art; models or designs for works of art

17. Original ornamental design 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 three-dimensional
works relative to geography, topography, architecture or science
Drawings or plastic works of a scientific or technical character
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

18. Other literary, scholarly, scientific and artistic works
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

19. WORKS NOT PROTECTED
Unprotected Subject Matter. - No protection shall extend,
under this law, to any idea, procedure, system, method or
operation, concept, principle, discovery or mere data as
such, even if they are expressed, explained, illustrated or
embodied in a work; news of the day and other
miscellaneous facts having the character of mere items of
press information; or any official text of a legislative,
administrative or legal nature, as well as any official
translation thereof.

20. Works of the Government. - No copyright shall subsist in any
work of the Government of the Philippines. However, prior
approval of the government agency or office wherein the
work is created shall be necessary for exploitation of such
work for profit. Such agency or office may, among other
things, impose as a condition the payment of royalties. No
prior approval or conditions shall be required for the use of
any purpose of statutes, rules and regulations, and
speeches, lectures, sermons, addresses, and dissertations,
pronounced, read or rendered in courts of justice, before
administrative agencies, in deliberative assemblies and in
meetings of public character.

21. Ownership of Copyright
178.1 Subject to the provisions of this section, in the case of original literary and artistic
works, copyright shall belong to the author of the work;
178.2. In the case of works of joint authorship, the co-authors shall be the original
owners of the copyright and in the absence of agreement, their rights shall be governed
by the rules on co-ownership. If, however, a work of joint authorship consists of parts
that can be used separately and the author of each part can be identified, the author of
each part shall be the original owner of the copyright in the part that he has created;
178.3. In the case of work created by an author during and in the course of his
employment, the copyright shall belong to:
(a) The employee, if the creation of the object of copyright is not a part of his regular
duties even if the employee uses the time, facilities and materials of the employer.
(b) The employer, if the work is the result of the performance of his regularly-assigned
duties, unless there is an agreement, express or implied, to the contrary.

22. Section 185. Fair Use of a Copyrighted
Work

 The fair use of a copyrighted work for criticism, comment,
news reporting, teaching including multiple copies for
classroom use, scholarship, research, and similar purposes is
not an infringement of copyright. Decompilation, which is
understood here to be the reproduction of the code and
translation of the forms of the computer program to achieve
the inter-operability of an independently created computer
program with other programs may also constitute fair use. In
determining whether the use made of a work in any particular
case is fair use, the factors to be considered shall include:

23. (a) The purpose and character of the use, including
whether such use is of a commercial nature or is for
non-profit educational purposes;
(b) The nature of the copyrighted work;
(c) The amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
(d) The effect of the use upon the potential market for
or value of the copyrighted work.

25. PATENT
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 years providing
an inventor significant commercial gain. In return, the
patent owner must share the full description of the
invention.

26. Kinds of Patent
1. Invention
2. Utility Model
3. Industrial Design

27. INDUSTRIAL DESIGN

28. UTILITY MODEL

29. 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. It may be, or
may relate to, a product, or process, or an improvement of
any of the foregoing. (Sec. 7, R.A. No. 165a)

30. Non-Patentable Inventions
Discoveries, scientific theories and mathematical methods;
Schemes, rules and methods of performing mental acts,
playing games or doing business, and programs for
computers;
Methods for treatment of the human or animal body by
surgery or therapy and diagnostic methods practiced on the
human or animal body. This provision shall not apply to
products and composition for use in any of these methods;

31. Plant varieties or animal breeds or essentially biological
process for the production of plants or animals. This
provision shall not apply to micro-organisms and non-
biological and microbiological processes.
Provisions under this subsection shall not preclude Congress
to consider the enactment of a law providing sui generis
protection of plant varieties and animal breeds and a system
of community intellectual rights protection:
Aesthetic creations; and
Anything which is contrary to public order or morality.

32. Basic Conditions
Right to a Patent
 — The right to a patent belongs to the
inventor, his heirs, or assigns. When two (2) or more persons
have jointly made an invention, the right to a patent shall
belong to them jointly.
First-to-file rule — if two (2) or more persons have made the
invention separately and independently of each other, the
right to the patent shall belong to the person who filed an
application for such invention, or where two or more
applications are filed for the same invention, to the applicant
who has the earliest filing date or, the earliest priority date.

33. OWNERSHIP OF COMMISSIONED WORK
The person who commissions the work shall own the patent,
unless otherwise provided in the contract.
In case the employee made the invention in the course of his
employment contract, the patent shall belong to:
The employee, if the inventive activity is not a part of his
regular duties even if the employee uses the time, facilities
and materials of the employer.
The employer, if the invention is the result of the performance
of his regularly-assigned duties, unless there is an agreement,
express or implied, to the contrary.

34. Application of Patent

a) A request for the grant of a patent;
(b) A description of the invention;
(c) Drawings necessary for the understanding of the invention;
(d) One or more claims; and
(e) An abstract.
 No patent may be granted unless the application identifies the
inventor. If the applicant is not the inventor, the Office may require
him to submit said authority.

35. EFFECTIVE DATE OF PATENT
1. If the application meets the requirements of this Act, the Office
shall grant the patent: Provided, That all the fees are paid on
time.
2. If the required fees for grant and printing are not paid in due
time, the application shall be deemed to be withdrawn.
 
3. A patent shall take effect on the date of the publication of the
grant of the patent in the IPO Gazette.

37. TRADEMARK
 a symbol,
 design, word, letter, etc. used by a manufacturer
or dealer to distinguish a product or products from those
of
 competitors: usually registered and protected by law.

38. A trademark is a tool used to differentiate goods and
services from each other. The IP Code states that the rights
in a mark shall be acquired through registration made
validly in accordance with the provisions of this law.
  The
certificate of registration shall remain in force for ten (10)
years and may be renewed for periods of ten years at its
expiration upon payment of the prescribed fee and upon
filing of a request.

39. The owner of a registered mark shall have the exclusive
right to prevent all third parties not having the owner's
consent from using in the course of trade identical or
similar signs or containers for goods or services which are
identical or similar to those in respect of which the
trademark is registered where such use would result in a
likelihood of confusion. In case of the use of an identical
sign for identical goods or services, a likelihood of
confusion shall be presumed.

43. Trade Secrets
Trade secrets are, after all, recognized as confidential under
many laws, which provide penalties for the breach of
confidentiality.

44. A
 trade secret is a formula, practice, process, design, instrument,
pattern, commercial method, or compilation of
 information not
generally known or reasonably ascertainable by others by which
a
 business can obtain an economic advantage over competitors or
customers.
 In some jurisdiction, such secrets are referred to
as
 confidential information.

46. Protection of Trade Secrets
The Revised Penal Code, for one, penalizes the revelation of industrial or trade secrets
of an employer by an employee.
“
 
Any person who shall substitute the trade name or trade-mark of some other
manufacturer or dealer or a colorable imitation thereof, for the trademark of the real
manufacturer or dealer upon any article of commerce and shall sell the same;”
Also, the Securities Regulation Code prohibits the Securities and Exchange Commission
from requiring the revelation of trade secrets or processes in any application, report or
documentation filed before it.
In corporate rehabilitation proceedings, the Rules of Procedure on Corporate
Rehabilitation allow the court to issue an order to protect trade secrets or other
confidential research or information of debtors.
The National Internal Revenue Code of 1997 likewise prohibits and punishes any
employee of the Bureau of Internal Revenue who shall divulge any confidential
information or trade secrets concerning the business income or inheritance of any
taxpayer.

47. Domain Name
A Domain Name is a quite user-friendly form of an Internet
Protocol (IP) address; the technical IP address of this being
invisible to the viewers. Addresses to the Internet Web
Servers are assigned and managed through the Domain
Name System (DNS)

48. www.mywebsitename.com.au
“www” means the site is linked to the World Wide Web
“mywebsitename” is the name you choose for your site, and
ideally is readily identifiable with your organization’s name
or core business
“.com” indicates that your organization is engaged in
commercial activity
“au” means the company is registered in Australia

49. Domain names can also be registered and protected as
trademarks or service marks at the national and
international levels, provided that the domain names do
satisfy all conditions to be duly registered and protected
like the trademark and service marks.

50. Any unique internet domain name which is capable of
identifying and distinguishing goods or services of a
company from that of other companies, and can also act as
a reliable source identifier for the concerned goods or
services on the internet, may be registered and thus
protected as trademark, if it satisfies all other rules and
requirements for registration which are commonly
applicable to the trademarks and service marks.

51. Cybersquatting
is registering, selling or using a domain name with the
intent of profiting from the goodwill of someone else’s
trademark.
is the act of registering an Internet domain name that is
almost identical to an already existing popular trademark
name and “rightfully belongs to someone else”
(Goldsborough, 2009)

52. Industrial Design
the ornamental or aesthetic aspect of an article, it may consist of three-
dimensional features such as shape or surface of an article, or two-
dimensional features such as lines or colors.
Industrial design is applied on a wide variety of products of industry and
handicrafts, technical to medical instruments, watches to jewelry to luxury
items, textile to leisure goods.
to be protected under national laws, an industrial design must be non-
functional. This means that the design must primarily be an aesthetic nature
and any technical features of the article to which it is applied is not
protected.

55. Lay-out Design