IPO for ARKI Presentation with Discussions of Copyright and Trademark.pptx

IP

1. Intellectual Property Rights and Related Conflicts Anthony S. Tolentino, MS-ECE, RECE IP Center Manager Don Honorio Ventura State University

2. OVERVIEW KMIO IP Trademarks Copyrights Patents Utility Models Trade Secrets Plagiarism AI in the Research Field

3. What is KMIO? KMIO stands for Knowledge Management and Innovation Office The KMIO is a community resource, open to all DHVSU researchers (students, faculty and employees alike) with the possibility to welcome in also various industry partners, external research projects and educational initiatives that are beneficial to the community and society. It help clients/customers to generate ground-breaking solutions in a CREATIVE and INNOVATIVE way.

4. What is KMIO? The ecosystem is a collaboration between the University, industries and government agencies towards sustainable social and economic development of the community.

5. What is KMIO? STRUCTURE KNOWLEDGE / TECHNOLOGY INCUBATION KNOWLEDGE / TECHNOLOGY UTILIZATION

6. REG. PHIL. PAT. OFF.

7. What is Intellectual Property? A category of property that includes intangible creations of the human intellect Becomes valuable when it becomes tangible Exclusive, Territorial, and Time-limited We all have it, but are we aware?

8. Why Protect Intellectual Property? It’s only fair It encourages the owner to create more intellectual property It protects the value of the Intellectual Property

9. Register your IPR ASAP Provides legal protection Adds value to your Intellectual Property Allows safer commercialization

10. Patent – Industrial Design Programs/Software – Copyright Logo – Trademark Can you spot IPR here?

11. What Can be Protected? Trademarks Copyrights Inventions / Patents

12. TRADEMARKS

13. What is a Trademark?

14. Business Name vs Trademark official name under which  an entity does business Must be 3 letters or more Can only be used for Services Scope Limitations Protected as  business assets (Franchising / Licensing / Selling) word, symbols,  logos and slogans.  Can be used for Services and Products Automatic National Protection

15. ?

16. Ketchup Red Wine Coke

17. Types of Trademarks Word Mark Figurative with Words Mark Figurative Mark 3D Mark McDonalds

18. FUNCTIONS OF A TRADEMARK Identifier Differentiator Quality indicator Advertising device

19. Identifier FOOD COFFEE LAUNDRY DETERGENT

20. Differentiator Coffee A Coffee B

21. Quality indicator

22. Advertising device “Langhap, Sarap” “Love ko ‘to”

23. Back to MANG INASAL trademark Market Value ?

24. Jollibee acquired the 70% stake of Mang Inasal , Philippines Inc. for P3 Billion from Injap Investments Inc.

25. Marks that cannot be registered? immoral and scandalous

26. flags, coat of arms and other emblems

27. Names Portraits or Signatures

28. Misleading Marks BOLPEN for Pencils

29. Customary or Usual in Trade For Barbershop or Salon

30. Types of trademark Generic Descriptive Suggestive Arbitrary Fanciful

31. fanciful wholly invented words that have no meaning at all apart from their function as source indicators for their owners

32. arbitrary dictionary words that have real-world meaning, but whose meaning has nothing to do with the product or service with which they are used.

33. suggestive named after a characteristic of the product or service

34. Descriptive Marks LATUNDAN for bananas Merely Descriptive if it describes the goods & services in terms of its, Purpose Characteristics Quality Use/users Ingredient Function Feature

35. MAHKINAH for engines Generic Indications

36. COPYRIGHTS

37. WHAT IS COPYRIGHT? Copyright is the legal protection for original works of authorship fixed in a tangible medium of expression. Only the expression of an idea is protected by copyright, not the idea itself . Protects Your Literary and Artistic Expressions

38. How is copyright acquired? A work is already copyright protected the moment it is fixed . No need to “ register ” with Intellectual Property Office A work is protected in countries that is ratified in the Berne Convention treaty. More than 170 countries have ratified this treaty

39. Advantage of a Certificate Proof of Ownership Adds value to the work Protection and Security

40. What are protected by copyright? Original Literary & Artistic Works Books & other writings; Periodicals; Lectures, addresses; Letters; Dramatico -musical comp; Musical compositions; Drawing, painting, architecture, sculpture; Ornamental designs, applied art;

41. Illustrations, maps; Drawings or plastic work; Photographs; Audiovisual works; Illustrations & ads; Computer programs; Other literary, scholarly, scientific, artistic works. Sec. 172.1

42. Derivative work is a work based on or derived from one or more already existing works.

43. Derivative works may include: - Dramatizations; - Translations; - Adaptations; - Abridgments; - Arrangements; - Other alteration of literary music work; - Collection of literary, scholarly or artistic works; - And Compilation of data and other materials which are original by reason of the selection or coordination or arrangement of their contents

44. Derivative works

45. Translations

46. Adaptations

47. Who owns the copyright? Literary & artistic woks Works of joint authorship Joint works, separable parts Author Co-authors @ part’s author Work not part of regular duties Work part of regular duties Commissioned work Employee Employer Creator Audio-visual works Letters Producer, director, etc. Writer

48. FAIR USE: for purposes of criticism, comment, news, teaching, research, decompilation Factors: purpose & character of the use nature of the copyrighted work amount & substantiality effect upon potential market or value WHEN IS THERE’S NO VIOLATION

49. Requirements: Registration Length is Lifetime Plus 50 years. Digital Copies of Original Work COPYRIGHT REGISTRATION AND DEPOSIT FORM Photocopy of the registrants Government issued ID Fee of 560 [email protected] . Form can be downloaded at https://www.ipophil.gov.ph/deposit/

50. COPYRIGHT INFRINGEMENT

51. PATENTS

52. PATENT A government-issued grant bestowing an exclusive right to an inventor over a product or process any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable .

53. Introduction to PATENTS Inventions Utility Model Industrial Design

54. Inventions • A Technical Solution to a Problem • It must be NEW or Novel • It must involve an INVENTIVE STEP • 20 Years Protection

55. Novelty  An  invention  is not new and therefore not patentable if it was known to the public before the  filing date  of the  patent application , or before its date of  priority  if the applicant claims priority of an earlier patent application.

56. What is Inventive Step it is not obvious to a person skilled in the art. A person skilled in the art is someone aware of common general knowledge in specific art

57. PATENT - Invention

58. Patent Anti-gravity Shoes

59. Patent innovative ideas and inventions THAT significantly increase profit margins

60. Invention SMALL ENTITY (ASSET: P100M or LESS) Filing Fee (five claims or less) + Publication fee Php2940.00 +Php180 / additional claim *Filing Fees are inclusive of 1% Legal Research Fund (LRF)

61. Utility Model TECHNICAL SOLUTION NEW INVOLVES AN INVENTIVE STEP* 7 Years Protection

62. PATENT

63. Industrial Design Improvement of the ornamental design of an existing invention. 5 Years Protection, renewable (2 times)

64. NON-PATENTABLE INVENTIONS

65. Patent Draft Specification and description of the patent: a. The Title b. A brief statement of its nature and purposes c. Brief explanation of the drawings, if any d. Complete and detailed enabling description e. Distinct and explicit claim or claims which the applicant seeks to be protected f. Abstract of the invention 2.  Drawings of the invention

66. Patent Draft Format Paper Size – a4 Margins – 1.5” (left), 1” (right, top, bottom) Spacing – 1.5” Font Size – 12 Font Type – Arial / Times New Roman Line Numbers – by 5’s Page Number – at the center

67. Patent Search Via the IPOPHIL website Google Patent

68. Considerations for protection of invention Trade Secrets

69. Trade Secrets Confidential, and crucial for your business Not registrable with IP Offices Will still be protected under a court of law, if you can prove that the information’s secrecy is vital to its value . Protection will only endure as long as they remain secret

70. Trade Secrets Business Information Strategic Information Technical Information Financial Information

71. How to Protect Trade Secrets

72. PATENT INFRINGEMENT

73. DHVSU ARKI STUDENT MANUAL

74. Plagiarism - “Presenting work or ideas from another source as your own, with or without consent of the original author, by incorporating it into your work without full acknowledgement” *meaning came from University of Oxford

75. Some Famous Cases in the Philippines Senator Vicente “Tito” Sotto

76. Some Famous Cases in the Philippines

77. Some Famous Cases in the Philippines SC Justice Mariano del Castillo

78. Some Famous Cases in the Philippines Manny V. Pangilinan

79. Some Famous Cases in the Philippines

80. Artificial Intelligence  is a machine's ability to perform the cognitive functions we associate with human minds, such as perceiving, reasoning, learning, interacting with an environment, problem solving, and even exercising creativity.

81. Issues and Conflicts

82. Issues and Conflicts

83. THANK YOU