INTELLECTUAL PROPERTY RIGHT

PATENTS and LEGAL ISSUES

Prepared by: Jophet Oblino

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.
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
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.
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.
WHAT IS 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.
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.

Bamboo incubator by Dr. Fe Del PC Chipset By Diosdado Banatao

Mundo
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
REQUIREMENT FOR PATENTABILITY
• NOVELTY
• INVENTIVE STEP
• INDUSTRIAL APPLICABILITY

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
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.
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.
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.
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
• 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
• 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.
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).
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.
COPYRIGHT REGISTRATION
• A duly accomplished form in duplicate for each work, provided, that a separate application is
submitted for a 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.
• 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.
• 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.
What is a legal issue?
A legal issue is something that happens that has legal implications
and may need the help of a lawyer to sort out. It is a question or
problem that is answered or resolved by the law.
Legal issues can come up in lots of different ways including from
planned events in your life, like buying a home or making a will. They
can also appear suddenly, such as family problems, problems at
work or being accused of a crime. Other common legal issues
include things like immigration and asylum, consumer rights, housing
problems and issues to do with debt and money.