Quarter 4 - Module 3

Intellectual Property Rights

(IPR)
REVIEW
DO YOU HAVE ANY IDEA WHAT IS INTELLECTUAL PROPERTY ?
Intellectual Property is a category of property which
includes intangible human intellect creations. It mainly
covers copyrights, patents, and trademarks. Intellectual
Property also includes other types of rights such as moral
rights, trade secrets, publicity rights, and rights against
unfair competition. Artistic works, such as music and
literature, can all be protected as intellectual property, as well
as certain inventions, discoveries, sentences, phrases,
designs, and symbols
Intellectual Property Rights (IPR)
The general term “IPR” covers patents, copyright,
trademark, industrial designs, geographical indications,
protection of integrated circuits’ design layout and trade
secrets or protection of undisclosed information.
Intellectual Property Rights states the legal ownership which
protects the owner against unauthorized copying or imitation
of a person’s invention or business’ discovery involved in
production or processing.
Four Category of Intellectual Property Rights (IPR)
 
1. Patent describes an invention for which the inventor claims the exclusive right
to make, use and sell an invention for a specific period. Invention pertains to a
new solution to a specific problem.
1.1 Patentable subject matters
• machines
• articles of manufacture
• compositions of matter
• plants (asexually reproduced)
• designs
• processes – technique of purifying a protein or nucleic acid; method of
screening for useful drugs; business methods
• improvements on the above
Did you know that even the edges on our iPhones or Galaxy series phones were registered to the companies? Apple
insists that Samsung copied the iPhone’s ornamental design. Not only that, Apple insisted that Samsung even copied
their icon styles-round cornered boxes, using bounce-back features, icons on the bottom row at home screen, and so on.
Samsung, also sued Apple with various patents-switching between pictures in gallery and camera, using methods of
multi-tasking while playing music, and so on.
1.2 Unpatentable subject matters
• laws of nature, discovery, mathematical method or scientific theory
• naturally occurring compounds (i.e., as they exist in nature)
• abstract ideas, mere presentation of information
• technology already known
• a literary, dramatic, musical or artistic work or any other aesthetic creation
• a scheme, rule or method for performing any mental act, playing a game or
a program for a computer.
2. Copyright gives the creator an original work exclusive
right to it, usually for a limited time. Copyright may apply to
a wide range of creative, intellectual, or artistic forms, or
“works”.
• literary (books)
• artistic works (movies)
• computer programs (software)
• musical works (songs)
3. Trademark is a sign used in connection with marketing of good or
services. It appears on containers or wrappers also in which they are sold.
Category of Trademarks
3.1 Arbitrary or fanciful marks (most distinctive) not related to goods (e.g. Apple for computers).
Fanciful marks coined or invented names (e.g. Kodak film). Highest level of protection.
3.2 Descriptive marks (medium distinctiveness) describe function or use, purpose of the goods (e.g.
Video Buyer’s Guide) only trademark protection.
3.3 Generic Marks (least distinctive) are common name for product or service (e.g. COLA). Not
protected under trademark law. Marks turn generic unless used properly: e.g. ASPIRIN; CELLOPHANE.
4. A trade secret is a practice, design, formula, process or a compilation of
information. This information is utilized by a company to gain competitive
advantage over the others. Trade secrets are not disclosed to the world. An
example of intellectual property rights is the trade secrets obtained by Coca-
Cola for its formula. Another is the Google’s search engine algorithm.

EXAMPLES: Coca-Cola’s recipe for its Coca-Cola is one of the most famous
trade secrets in the world. It’s a trade secret because only a select few within
the Coca-Cola Corporation know the exact recipe for the soft drink Google’s
algorithm for its search engine is also a very valuable trade secret. Google
uses an algorithm that ranks websites based on many factors including
inbound links, page rank, relevant text, anchor tags, etc. processes that Intel
uses to make its integrated circuits for computers. Intel likely has patents
on many of these processes, but certain aspects of the processes may very
likely not be patented and are simply left "secret" to others
Importance of Intellectual Property Rights
 
1. Money related benefit is the foremost critical motive behind man’s
tireless work, innovativeness and inventiveness.
2. One of the issues is the legal characterization of the modern
innovation with the approach of biotechnology.
3. It is created to protect the rights of the individual to enjoy their
creations and invention.
4. Created to ensure protection against unfair trade practices.
5. To assure the world a flow of useful, informative, and intellectual
works.
6. To encourage the continuing innovativeness and creativity of
owners of Intellectual Property.
Infringement, Misappropriation, and Enforcement of IPR
 
Violations of intellectual property rights, called “infringement” with respect to
patents, copyright, and trademarks, and “misappropriation” with respect to trade
secrets, may be a breach of civil law or criminal law, depending on the type of
intellectual property involved, jurisdiction, and the nature of the action.
 
Patent Infringement
It is typically caused by selling or using patented invention without the
permission of the patented holder. The scope of the patented invention or the
extent of protection is defined in the claims of the granted patent.
 
Copyright Infringement
Copyright Infringement is reproducing, distributing, displaying or performing a
work, or making derivative works without permission from the copyright holder,
which is typically a publisher or other business representing or assigned by the
work’s creator. It is often called “piracy”. Enforcement of copyright is generally
the responsibility of the copyright holder.
 
Photographer Art Rogers shot a photograph of a couple
holding a line of puppies in a row and sold it for use in
greeting cards and similar products. Internationally,
renowned artist Jeff Koons in the process of creating an
exhibit on the banality of everyday items, ran across
Rogers’ photograph and used it to create a set of statues
based on the image.

Kapamilya actress Alex Gonzaga’s

parody video of Ariana Grande’s “Into
You” single was apparently taken down
on Facebook after being reported for
copyright issues.
The case stemmed from the
complaint filed by author and
publisher Raymund Sta. Maria
Catabijan, who said the school
copied his work books and
sold reproductions to its
students. The School  pay
Catabijan the total amount of
P608,450.00 as damages.
Trademark Infringement
Trademark Infringement occurs when one party uses a
trademark that is identical or confusingly similar to a
trademark owned by another party, in relation to products or
services which are identical or similar to the products or
services of the other party. In many countries, a trademark
receives protection without registration, but registering a
trademark provides legal advantages for enforcement.
Infringement can be addressed by civil litigation and, in
several jurisdictions, under criminal law.
Image from a viral video
shows the JoyRulBee
fast food outlet in
Guangxi, China. The
restaurant uses Jollibee’s
popular bee mascot. The
counter displays and
menus are also similar to
Jollibee outlets.