Intellectual Property:

Protection and Enforcement

ACE C. ACOSTA
IP Rights Specialist IV
IP Rights Enforcement Office
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IP in the Philippines
Article XIV, Section 13 of the 1987 Constitution

“The State 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 period as may be provided
by law.”

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IP in the Philippines
Republic Act 8293

An Act Prescribing the Intellectual Property Code and

Establishing the Intellectual Property Office, Providing for its
Powers and Functions
(Signed 1997 ; took effect on 01 Jan 1998)

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 What is IP?

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Intellectual =
Creations
Property of the Mind

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NOT FOR DISTRIBUTION UNLESS PRIOR
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THANK YOU.
IP owners
have the
exclusive right
to exclude or
include others
from
reproducing,
selling, or
using of their
work in the
Philippines

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Intellectual Property is an asset that can
increase the market value of a business;
it can be sold, assigned, transferred,
commercialized, licensed, franchised; and
can even be a security / collateral for loans

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Intellectual Property is an asset that can
increase the market value of a business;
it can be sold, assigned, transferred,
commercialized, licensed, franchised; and
can even be a security / collateral for loans

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How do you get an
IP protected?

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 Patents
Utility Models
INTELLECTUAL Industrial Designs
Trademarks
PROPERTY
CREATIONS OF THE MIND

Trade secrets
Copyright

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PATENTS
Any technical solution to a problem in a field of
human activity, which is new, involves an inventive
step, and is industrially applicable

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 Patents = Inventions

GRI
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 NOT FOR DISTRIBUTION UNLESS PRIOR CONSENT IS GRANTED BY THE IPOPHIL. ALTERATION OR
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Ronaldo Pagsanghan

GRI
PATENTS
The term of a patent shall be twenty (20) years from
the filing date of the application. The patent must be
maintained yearly, starting from the 5th year.

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UTILITY MODELS
Protection for innovations that are novel and
industrially applicable, but lack an inventive step.
Sometimes referred to as “petty patents”.

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 Utility New
=
models Improvements

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GRI NOT FOR DISTRIBUTION UNLESS PRIOR CONSENT IS GRANTED BY THE IPOPHIL. ALTERATION OR
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UTILITY MODELS
A utility model is entitled to seven (7) years of
protection from the date of filing, with no possibility
of renewal.

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INDUSTRIAL DESIGN
Protection for the aesthetic/ornamental features of a
manufactured item without considering its functions.

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 Industrial Aesthetics
=
Design

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 NOT FOR DISTRIBUTION
UNLESS PRIOR CONSENT IS
GRANTED BY THE IPOPHIL.
ALTERATION OR
TAMPERING OF ANY KIND ON
THIS MATERIAL IS STRICTLY
PROHIBITED. THANK YOU.

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INDUSTRIAL DESIGN
The registration for an industrial design is for a
period of 5 years from the filing date of the
application. The registration of an industrial design
may be renewed for not more than two (2)
consecutive periods of five (5) years each by paying
a renewal fee. The fee should be paid within a year
of the expiration of the registration.
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TRADEMARKS
Visible signs used to distinguish the goods or
services of an individual or enterprise.

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 Trademarks = Branding

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TRADEMARKS
A trademark can be protected in perpetuity if
regularly monitored and properly maintained.
The period of protection is ten (10) years from the
date of registration and is renewable for a period of
ten (10) years at a time.

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Need to file before IPOPHL for you to enjoy the
full benefits of your IP

Patents
Utility Models
Industrial Designs
Trademarks

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Basic steps in application/registration

Step 1: Need to ensure which IP you will file

(Patent?Trademark?UM?
Step 2: Check requirements / fees and other details
Step 3: Check if you need an IP expert opinion/input to your filing
Step 4: File via online means
Check IPOPHL’s website for details:
https://www.ipophil.gov.ph/
Step 5: Wait for notices and other examiner actions and respond

Step 6: If all actions are satisfied -> YOUR IP is now registered

Step 7: Maintain (if needed)

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Other Key Notes:

- Complexity of application/registration depends on the IP. Patents are

generally harder to apply/register while Trademarks are simpler.

- Not all IP types are maintained

- IP is an investment thus in investing you should ensure that there is a

return of investment on your IP. (IP commercialization)

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No need to file for your to enjoy the full benefits

Copyright and related rights*

Trade secrets

*Copyright can be deposited/registered

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COPYRIGHT
Protection for the owner of the rights to an original work
(literary and artistic).

Automatically granted to author upon creation. Deposit

with IPOPHL or the National Library is optional

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 Creative
Copyright =
works

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COPYRIGHT
The term of protection for copyright in literary and
artistic works, and in derivative works is generally the
lifetime of the author plus fifty (50) years. However,
different rules may apply in:
- Works of joint authorship
- Works of anonymous or pseudonymous works
- Photographic works
- Works of applied art
- Audio-visual works

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 TRADE
SECRETS
Business information which
provides an enterprise with a
competitive edge.

This may include manufacturing,

industrial, or commercial secrets.

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 • Patents = inventions

• Utility Models = new improvements

• Industrial Designs = aesthetics

• Copyright = creative works

• Trademarks = branding

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NOT FOR DISTRIBUTION UNLESS PRIOR CONSENT IS GRANTED BY THE IPOPHIL. ALTERATION OR
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“After filing a patent (IP), your job is only quarter done.”
― Dr. Kalyan C. Kankanala
(Indian author and intellectual property attorney)

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 Key element of the IP Life Cycle

IP ENFORCEMENT IP CREATION

IP LIFE CYCLE

IP PROTECTION
IP UTILIZATION/COMMERCIALIZATION

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 How to do I protect myself as an
IP Owner? What if my IP right is
violated?

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What is IP Enforcement?
Enforcement = act of urging or compelling an individual (to obey
the law)

“relating to the enforcement of laws protecting copyrights,

patents, trademarks, other forms of intellectual property, and
trade secrets…... including in particular matters relating to
combating counterfeit and infringing goods.” - USLegal.com

Violation of IP Law = IP Crime

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 NOT FOR DISTRIBUTION UNLESS PRIOR CONSENT IS GRANTED BY THE IPOPHIL. ALTERATION OR
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Available Legal Remedies

Who can help me enforce?
• The IPOPHL, thru the DG, is mandated to enforce IP rights
under Section 7, (c) and (d) IP Code, as amended.

• The Intellectual Property Rights Enforcement Office (IEO)

implements the administrative enforcement function of the
IPOPHL (Office Order No. 13-170)

• NCIPR: conduct public information and education campaigns

to intensify effective enforcement against IPR violations

• Other Law Enforcement Agencies: FDA, BOC, NBI, PNP, etc.

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Coverage of IEO
• Admin case for IP violations related to Counterfeit Goods - any
goods or materials including packaging bearing without
authorization a trademark which is identical to the trademark
validly registered with the IPOPHL  in respect of such goods or
which cannot be distinguished in its essential aspects from
such a trademark and which thereby infringes the rights of the
owner of the trademark in question.

• Identical and not merely confusingly similar

• Difference with BLA remedies? IEO action does NOT involve

damages but generally involve the removal from commerce of
the counterfeit item or disruption of business

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File a Report w/ IEO
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DISTRIBUTION
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BY THE IPOPHIL.
ALTERATION OR
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KIND ON THIS
MATERIAL IS STRICTLY
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YOU.

or email IEO at:

operations@ipophil.gov.ph
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Who can report?

Any concerned citizen/consumer

can report an IP Violation to IEO

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File a Verified Complaint w/ IEO

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Who can file a complaint?

Only IP Owners or their authorized

representatives can file a complaint

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NOT FOR DISTRIBUTION
UNLESS PRIOR CONSENT
IS GRANTED BY
THE IPOPHIL. ALTERATION
OR TAMPERING OF ANY
KIND ON THIS MATERIAL
IS STRICTLY PROHIBITED.
THANK YOU.
NOT FOR DISTRIBUTION UNLESS PRIOR CONSENT IS GRANTED BY THE IPOPHIL. ALTERATION OR
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 IEO Reports received in year 2020
Filing Disposed Pending
Jan 4 4 0
Feb 9 9 0
March 20 20 0
April 9 9 0
May 12 12 0
June 26 26 0
July 19 19 0
Aug 18 18 0
Sep 33 33 0
Oct 10 10 0
Nov 9 9 0
Dec 21 21 0
Total 190 190 0

*total filing from 2013-2019 is 146*

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 Classification of IPV reports received
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total
 
Pirated -
0 0 4 5 6 9 7 4 9 4 0 7 55
Content
Counterfeit
1 2 0 1 4 8 7 7 12 5 9 11 67
Goods

Other IP
3 7 5 1 2 8 5 7 11 1 0 1 51
infringement

Others IP
0 0 11 2 0 1 0 0 1 0 0 1 16
concerns

TOTAL
4 9 20 9 12 26 19 18 33 10 9 21 190

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 Key Takeaways
- Basic definition of IP

- IP Types and basic application steps

- IP Enforcement: Violation Reports and Complaints

- Importance of IP Enforcement

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Help, Support, and Report

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 QUESTIONS?

“Part of being successful is about asking questions and listening to the

answers.”
- Anne Burrell (Entrepreneur Chef)
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