RIGHTS

By:
James Pamplona
Jean Claude Bryan Jayawon
 Learning Objectives

At the end of this lesson, the students are expected to:

• Demonstrate understanding of the Intellectual

Property;

• Identify the various types of intellectual property; and,

• Determine the importance of intellectual property in

business.
What is Intellectual Property?
 Intellectual property (IP) refers to creations of the
mind, such as inventions, literary and artistic works;
designs; and symbols, names and images used in
commerce. IP is protected in law by, for example,
patents, copyright and trademarks, which enable people
to earn recognition or financial benefit from what they
invent or create.
 Types of
Intellectual Property

(Copyright, Patents, Trade Secrets,

Trademarks, Industrial Design)
 Copyright

Copyright (or author's right) is a legal term used to

describe the rights that creators have over their literary
and artistic works. Works covered by copyright range
from books, music, paintings, sculpture, and films, to
computer programs, databases, advertisements, maps,
and technical drawings.
 It's important to understand that copyright law
covers the "form of material expression," not the
actual concepts, ideas, techniques, or facts in a
particular work. This is the reason behind why a
work must be fixed in a tangible form in order to
receive copyright protection.
 A Copyright Owner's Rights

The primary goal of copyright law is to protect the time,

effort, and creativity of the work's creator. As such, the Copyright
Act gives the copyright owner certain exclusive rights, including
the right to:
• Reproduce the work
• Prepare "derivative works" (other works based on the original
work)
• Distribute copies of the work by sale, lease, or other transfer of
ownership
• Perform the work publicly
• Display the work publicly
 Application Process

One needs to fill out an application form, attach a

copy of their work, and pay the basic filing fee of PHP
625 at the IPO or the IPOPHL (The Intellectual Property
Office of the Philippines).
 Patents

A patent 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.
 There are three types of patents:

1. Utility patents cover anyone who invents a new and useful process,
article of manufacture, machine, or a composition of matter.

2. Design patents include an original, new, and ornamental design for a

manufactured product.

3. Plant patents go to anyone who produces, discovers, and invents a

new kind of plant capable of reproduction.

The basic requirements for a creation to be considered patentable

are that the creation would have a novel idea, inventive, and can be
applied in an industrial setting.
 Application Process

1. One needs to fill out a Request Form for a Grant of Philippine

Patent, as well as submit descriptions and drawings of the
invention or process.

2. Once the application has been filed, it will be published in the IPO
Gazette. During the period of its publication, anyone can write in or
contest the application.

3. Corresponding filing fees amount to PHP 3,600 and PHP 1,800,

for big and small inventions, respectively.
 Trade Secrets

A trade secret is any practice or process of a

company that is generally not known outside of the
company. Information considered a trade secret gives the
company an economic advantage over its competitors
and is often a product of internal research and
development.
 Trade secrets are defined differently based on
jurisdiction, but all have the following characteristics
in common:

• They are not public information

• Their secrecy provides an economic

benefit to their holder

• Their secrecy is actively protected

 Trademarks

Trademarks and service marks are applied to a

manufacturer's or a seller's products and services to
distinguish them in the marketplace -- a valuable
marketing tool, in some circumstances. A trademark or
service mark prevents another person from offering a
similar product or service confusingly similar to yours. If
you don't register your trademark, you may be prohibited
from using it by someone who has.
 A trademark is a corporate symbol that contributes to the image
the company is trying to build. It is a mark of quality and excellence
that identifies that company as the manufacturer. Like the logo, a
trademark can be a combination of color, typestyle and shape, or it
can be just shape and color, like McDonald's golden arches. Different
huge companies have their own trademarks in order to be
remembered by their consumers and it serve as their marketing
brand.
 There are generally four types of marks that can be federally
registered:
• Trademarks: are used to identify products
• Service marks: are used to promote a service
• Collective marks: are used by organizations or associations to
identify themselves
• Certification marks: such as UL (Underwriters Laboratory) used to
certify that a particular product has met the manufacturing
standards of an impartial third-party regulatory group
 Application Process
Similar to a patent, you need to apply or file for the exclusive
rights of the mark you wish to use for business purposes. As the
rights to a mark are granted to the first person who filed with the IPO,
it is imperative that one would conduct a search within the IPO's
Database to avoid redundancies in applications.
For filing purposes, one needs to fill out the Trademark
Application Form, as well as attach a drawing of the mark.
Corresponding filing fees amount to PHP 2,160 and PHP 1,080, for
big and small marks, respectively.
 Industrial Design

According to WIPO (World Intellectual Property

Organization), an industrial design refers to the ornamental or
aesthetic aspects of an article. A design may consist of 3-D
features, such as the shape or surface of an article, or 2-D
features such as patterns, lines or color. Industrial designs are
applied to a wide variety of industrial products and handicrafts.
 Designs are concerned with the features,
the appearance of a part or the whole product:

• two-dimensional features such as

patterns, lines and/or color

• three-dimensional features such as

shape, texture and/or surface of an article are
protectable by design right if they are not
dictated by functional considerations.
 Registration of design confers on the owner (for a limited
time) the exclusive right to use the design and to authorize others
to use it. It also includes the right to make, offer, put on the
market, import, export, or use a product in which the design is
incorporated or to which it is applied, or to stock such a product
for those purposes.

The maximum duration of design protection varies from

country to country from 5 to 25 years. In the Philippines, industrial
designs are protected for a period of five (5) years from the filing
date of the application. The registration may be renewed for not
more than two (2) consecutive periods of five (5) years each by
paying the renewal fee.