Module No.

Intellectual Property
Introduction

ENGR. JOEL D. MANACMUL

Department of Engineering and Architecture
Bataan Heroes College

This module or any portion thereof may not be reproduced or used in any manner
whatsoever without the express written permission of the publisher except for educational
purposes but with a citation to this source.
For Permission: Contact Bataan Heroes College, Roman Super Hi-way, Balanga City, Bataan,
Philippines

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Course Information
Course Title : Introduction to Intellectual Property
Program : Business & Technology
Course Code : CPE 418
Credit Units : 1 units
Pre-requisite/s : None

Instructor Information
Name : Engr. Joel D. Manacmul
Contact Information
Contact Number : 0928-142-1172
Facebook : Joel Manacmul
Email : hoel07@gmail.com

Course Description
This module will introduce the concept of intellectual property and explain how it creates value.
You will learn about the major forms of intellectual property protection like copyright,
trademarks, and patents, as well as alternative forms of intellectual property protection.

Intended Learning Outcomes

At the end of this course, the students must be able to:
1. Analyse the advanced principles of intellectual property law, undertake self-directed legal
research at an intermediate level, and evaluate complex legal information.
2. Apply intellectual property law principles to complex legal problems through individual
work.
3. Structure and sustain concise and cohesive written arguments for a legal audience.
4. Conduct legal research.
5. Reflect on their abilities to effectively undertake work as a legal practitioner.

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Course Schedule
Learning
Week Topic
Outcomes
1. Introduction to Intellectual Property
 What is Intellectual property
 Why does IP Matter

Week 1  Types of intellectual property 1

Module 1 o Copyright, Patent, Industrial
design, Geographical
Indications

2. More explanation of
Week 2  Copyright
Module 2 o What can be protected using
copyright?
o What rights does copyright give me? 2
 Patent
o What kind of protection does a
patent offer?
o Is a patent valid in every country?
3 Industrial
o What kind of protection does an
industrial design right offer?
o What kind of products can benefit from
Week 3 industrial design protection?
3
Module 3  Geographical
o What rights does a geographical
indication provide?
o For what type of products can
geographical indications be used?

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MIDTERM ASSESSMENT
4 Trade Secret
o What kind of information is protected
by trade secrets?
Week 4 o What kind of protection does a trade
4
Module 4 secret offer?
o How can I obtain certified proof of
existence for my confidential
information?
5 World Intellectual Property
Week 5
Organisation (WIPO) 5
Module 5

Week 6 FINAL ASSESSMENT 1-5

References
WIPO – https://www.wipo.int/publications/en/details.jsp?id=4528
Intellectual Property - https://courses.lumenlearning.com/wmopen-
introductiontobusiness/chapter/intellectual-property-2/
o https://www.upcounsel.com/copyright
o https://www.investopedia.com/terms/p/patent.asp
o https://en.wikipedia.org/wiki/Industrial_design
o WIPO

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Module 02 INTRODUCTIONS TO INTELLECTUAL PROPERTY

COPYRIGHT provides a helpful means of protecting original content. It serves to give people
credit for the work they do, which is something we can all appreciate. Therefore, if you ever
consider copying someone else's content, think of how it would make you feel if someone copied
your original work and published it as their own. If you ever would like to use another person's
content, make sure to ask the author for permission first. And always give credit where credit is
due.

Think of a copyright as your ownership of something that you've created. Whether you take a
picture, write a short story, or compose a piece of music, it's your work. A copyright gives you
legal protection over that creation. As the copyright owner, only you have the right to reproduce
the work, create other works based on the original work, also you can display the work in public,
you have the ability to sell copies of your work and perform the work in public.

The owner of a copyright can benefit financially by allowing use of work. The content creator
can allow reproduction of the work publicly or in print; allow public performance, usually for a
play or piece of music; allow translation into foreign languages; allow broadcasting on
television, radio, or internet streaming and allow derivative works. Popular copyright works are
often the basis for other works. For example, a popular novel could become the inspiration for a
movie. When a filmmaker gets permission to create a derivative work and makes a movie, they
legally own that movie. They have the right to copyright their creation, even though it is based
on something else.

What can be protected using copyright?

Exhaustive lists of works covered by copyright are usually not to be found in legislation.
Nonetheless, broadly speaking, works commonly protected by copyright throughout the world
include:

 literary works such as novels, poems, plays, reference works, newspaper articles;
 computer programs, databases;
 films, musical compositions, and choreography;
 artistic works such as paintings, drawings, photographs, and sculpture;
 architecture; and

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 Advertisements, maps, and technical drawings.

Copyright protection extends only to expressions, and not to ideas, procedures, methods of
operation or mathematical concepts as such. Copyright may or may not be available for a number
of objects such as titles, slogans, or logos, depending on whether they contain sufficient
authorship.

What rights does copyright give me? What are my rights as author of a work?

Most copyright laws state that the rights owner has the economic right to authorize or prevent
certain uses in relation to a work or, in some cases, to receive remuneration for the use of their
work (such as through collective management). The economic rights owner of a work can
prohibit or authorize:
 its reproduction in various forms, such as printed publication or sound recording;
 its public performance, such as in a play or musical work;
 its recording, for example, in the form of compact discs or DVDs;
 its broadcasting, by radio, cable or satellite;
 its translation into other languages; and
 its adaptation, such as a novel into a film screenplay.
Examples of widely recognized moral rights include the right to claim authorship of a work and
the right to oppose changes to a work that could harm the creator's reputation.

Think of a copyright as your ownership of something that you've created. Whether you take a
picture, write a short story, or compose a piece of music, it's your work. A copyright gives you
legal protection over that creation. As the copyright owner, only you have the right to:

o Reproduce the Work: You can make copies of the content you created. You may distribute
your work as you see fit.
o Create Other Works Based on the Original Work: For example, you may want to combine a
series of blog posts into a book.
o Display the Work in Public: When you create art, you may want others to look at it. Your
painting, statue, or installation is yours to show wherever you like.
o Ability to sell copies of your work: You can profit from your copyrighted idea by selling it.

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Perform the Work in Public: When you write music, a book, a play, or anything else you can
display in public, you have the right to do so. For example, you have the right to play your own
music at a concert.

You as the content creator with a copyright hold these rights for a period of time. You cannot
lose them unless you legally give them up. You own the rights to your works in the same way
that you own your house or car. Nobody else can use any of it without your express permission.

Can I register copyright?

In the majority of countries, and according to the Berne Convention, copyright protection is
obtained automatically without the need for registration or other formalities.
Most countries nonetheless have a system in place to allow for the voluntary registration of
works. Such voluntary registrations systems can help solve disputes over ownership or creation,
as well as facilitate financial transactions, sales, and the assignment and/or transfer of rights.

The time limit for a copyright depends on the date of the work. Anything created after January 1,
1978, has a copyright for the life of the author plus 70 years. That means that a person who dies
tomorrow would have a copyright on their work for 70 years and one day. A person who dies 30
years from today would have a copyright for exactly 100 years. There are a couple of exceptions
to this rule. Someone who creates a work anonymously will have copyright protection for 95
years from the publication date of the work. Alternatively, they'll have copyright protection for
120 years after the work's creation date. The same is true when someone commissions a work
from a creator.

How can I obtain certified proof of existence for my creative work?

Using WIPO PROOF complements voluntary copyright registration systems by offering creators
the possibility of recording and digitally certifying possession of the work. This digitally
encrypted proof, which cannot be modified, can certify the existence of the work at a moment in
time.

WIPO PROOF is a new digital business service that provides a date- and time-stamped digital
fingerprint of any file, proving its existence at a specific point in time. This new service

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complements WIPO’s existing intellectual property (IP) systems. It is specifically designed for
our increasingly digital world where innovation and creativity are enabled by technology, big
data and global collaboration.

This digital paradigm generates vast amounts of valuable intellectual outputs in the form of
digital files – from creative works to research results to data training sets for artificial
intelligence algorithms – all of which can easily fall prey to misuse or misappropriation

What Is Copyright Infringement?

Copyright infringement is when a person breaks the rules of copyright by using another person's
work without their permission. It is a federal crime. This is true whether the person did so
knowingly or by mistake.

For example, you could take a movie and post it to YouTube. A movie studio owns the copyright
on that film. You need the studio's permission to share it. If you post the movie without
permission, the publication on YouTube is copyright infringement.

YouTube will take down the video. The movie studio has the right to file a copyright claim
against you. The punishment for such crimes is a fine of $200 to $150,000 for each copyright
infringement. You also have to pay the legal fees and court costs.

To avoid the hefty penalties that come with copyright infringement, you have three options. You
can simply avoid using any work that you haven't created. You may use someone else's work
after getting their permission. You can also read the rules for usage of copyrighted works.
Sometimes, fair use laws allow you to use these works in legal ways.

You should consult with a lawyer when you're unclear about your options.

Activity 02 Instruction to be post on the Google classroom

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PATENTS is an exclusive right granted for an invention, which is a product or a process that
provides, in general, a new way of doing something, or offers a new technical solution to a
problem. To get a patent, technical information about the invention must be disclosed to the
public in a patent application.

A patent is the granting of a property right by a sovereign authority to an inventor. This grant
provides the inventor exclusive rights to the patented process, design, or invention for a
designated period in exchange for a comprehensive disclosure of the invention. They are a form
of incorporeal right. A patent is a granting of a property right by a sovereign authority to an
inventor. It also provides the inventor exclusive rights to the patented process, design, or
invention for a certain period in exchange for a complete disclosure invention.
Utility patents are the most common patent issued in other countries, accounting for 90%
of all issued patents. Utility and plant patents are granted for 20 years, whereas design patents are
granted for either 14 or 15 years, depending on when filed.
Patent costs vary according to the type of patent applied for and are based on several
factors, such as the type of applicant, provisional or nonprovisional status, and associated fees
like search fees, examination fees, post allowance fees etc.
Patents are legal rights granted to inventors for their creations. Patent rights give
exclusive rights to use, replicate or sell the protected invention without interference from others
who wish to do the same. In exchange, the issuing authority is granted the right to publish the
details of the invention.
Type of Patents:
 Utility patent. This is what most people think of when they think about a patent. It's a
long, technical document that teaches the public how to use a new machine, process, or
system. The kinds of inventions protected by utility patents are defined by Congress.
New technologies like genetic engineering and internet-delivered software are
challenging the boundaries of what kinds of inventions can receive utility patent
protection.
 Provisional patent. United States law allows inventors to file a less formal document
that proves the inventor was in possession of the invention and had adequately figured
out how to make the invention work. Once that is on file, the invention is patent pending.

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If, however, the inventor fails to file a formal utility patent within a year from filing the
provisional patent, he or she will lose this filing date. Any public disclosures made
relying on that provisional patent application will now count as public disclosures to the
United States Patent and Trademark Office (USPTO).
 Design patent. This patent offer protection for an ornamental design on a useful item.
The shape of a bottle or the design of a shoe, for example, can be protected by a design
patent. The document itself is almost entirely made of pictures or drawings of the design
on the useful item. Design patents are notoriously difficult to search simply because there
are very few words used in a design patent. In recent years, software companies have
used design patents to protect elements of user interfaces and even the shape of
touchscreen devices.

 Plant patent. Just what it sounds like, a plant patent protects new kinds of plants
produced by cuttings or other nonsexual means. Plant patents generally do not cover
genetically modified organisms and focus more on conventional horticulture.

What kind of protection does a patent offer?

In principle, the patent owner has the exclusive right to prevent or stop others from commercially
exploiting the patented invention. In other words, patent protection means that the invention
cannot be commercially made, used, distributed, imported or sold by others without the patent
owner's consent.

Is a patent valid in every country?

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or
region in which a patent has been filed and granted, in accordance with the law of that country or
region.

How long does a patent last?

The protection is granted for a limited period, generally 20 years from the filing date of the
application.

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Assessment 02 Instruction to be post on the Google classroom

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