CREATIONS

OF THE
MIND
A DISCUSSION ON THE
INTELLECTUAL PROPERTY
By: Archie S. Otero
What is Intellectual Property?
Intellectual property refers to creations of the mind. It can be an
invention (patent/utility model), a design (industrial design), a
brand name (trademark, or a literary and artistic work
(copyright).
(World Intellectual Property Organization, 2016; Intellectual Property
Office of the Philippines, n.d.)
Organizations that
protect IP
1. World Intellectual Property Organization
The global forum for intellectual property (IP) services, policy,
information, and cooperation. It is a self-funding agency of the
United Nations, with 193 member states.
WIPO PCT – The International Patent System
The Patent Cooperation Treaty (PCT) assists applicants in
seeking patent protection internationally for their inventions,
helps patent offices with their patent granting decisions, and
facilitates public access to a wealth of technical information
relating to those inventions.
Madrid System – The International Trademark
System
The Madrid System is a convenient and cost-effective solution for
registering and managing trademarks worldwide.
2. Intellectual Property Office of the
Philippines
The Intellectual Property Office of the Philippines shortened as
IPOPHL, is a government agency attached to the Department of
Trade and Industry in charge of registration of intellectual
property and conflict resolution of intellectual property rights in
the Philippines.
 Questions on
Intellectual Property
Are all creations of the intellect a property?
• Property is a system of rights that gives people legal control of
valuable things (Powell, 2009)
• Intellectual creation becomes a property when it is endowed
with certain legal rights by law.
Types of Intellectual Property
• Patent – refers to any technical solution to a problem in any
field of human activity which is new, involves an initiative
step, and is industrially applicable.
• Trademark – is a work, a group of words, signs, symbols,
logos, or a combination that identifies and differentiates a
product, service, or entity from one another
Types of Intellectual Property
• Copyright - refers to the right over literary and artistic works
which are protected from the moment of creation.
• Utility Model – improvement or an implementation of an
existing industrial product even if not possessed of the quality
of invention
Types of Intellectual Property
• Industrial Design – refers to the visual or aesthetic aspect of a
product or an article of manufacture.
Law on Intellectual Property the Philippines
• RA 8293 - An Act prescribing the Intellectual Property Code and
establishing the Intellectual Property Office, providing for its
powers and functions, and for other purposes
• R.A. 165 - An Act creating a patent office, prescribing its powers
and duties, regulating the issuance of patents, and appropriating
funds therefore
 Some Cases of
Intellectual Property
Infringement
G.R. No. 172775 -
Hon. Ne Chan, et
al. v. Honda Motor
Co. LTD., et al.
G.R. No. 166115
February 2,
2007

McDONALD’S
CORPORATION,
Petitioner,
vs.
MACJOY
FASTFOOD
CORPORATION,
Respondent.
Ginebra San
Miguel, Inc. v.
Director of the
Bureau of
Trademarks, G.R.
No. 196372/G.R.
No. 210224/G.R.
No. 216104/G.R.
No. 219632, (9
August 2022)
Case Analysis
• Senator Vicente ‘Toto’ Del Rosario once lifted parts of his
speech against the reproductive health bill from a post written
by a blogger called Sarah “the healthy”. And in another
occasion, he translated a speech by the late US Sen Robert
Kennedy in Filipino and turning it into his own speech. What
is a possible case do we have here?
Plagiarism
• Presenting work or ideas from another source as your own,
with or without consent of the original author, by incorporating
it into ones work without full acknowledgement (University of
Oxford, n.d.)
A.M. No. 10-7-17-
SC
February 8, 2011

IN THE MATTER
OF THE
CHARGES OF
PLAGIARISM,
ETC., AGAINST
ASSOCIATE
JUSTICE
MARIANO C.
DEL CASTILLO.
Is plagiarism a crime?
Under the Intellectual Property Code, the act of plagiarism —
when it amounts to copyright infringement — carries a penalty of
3-6 years imprisonment and a fine of P50,000-P150,000. Under
the Cybercrime Prevention Act, however, the penalty is a degree
higher.
Is plagiarism a crime?
In sum, plagiarism does not in itself result in a criminal violation
unless it also constitutes copyright infringement under the IPC.
There is infringement when any of the copyright or economic
rights under Sec. 177 of the IPC is violated by any other person,
or when any of the acts in Sec 217.3 are committed (DOJ, 2012).
References:
• Intellectual Property Office of the Philippines. (n.d.). What is Intellectual Property? Retrieved from
https://www.ipophil.gov.ph/what-is-intellectual-property/
• Powell, Richard R. (2009). "2.02". In Wolf, Michael Alan (ed.). Powell on Real Property. New
Providence, NJ. ISBN 9781579111588.
• University of Oxford. (n.d.). Plagiarism. Retrieved from
https://www.ox.ac.uk/students/academic/guidance/skills/plagiarism
• Advisory Opinion No. 02 (Series of 2012) - Department of Justice. (2012). Retrieved September 27,
2023.
REPUBLIC ACT NO. 10372
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS
THE "INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES", AND FOR OTHER PURPOSES

Section 12. Section 185.1. of Republic Act No. 8293 is hereby amended to read as follows:
"SEC. 185. Fair Use of a Copyrighted Work. – 185.1. the fair use of a copyrighted work for
criticism, comment, news reporting, teaching including limited number of copies for
classroom use, scholarship, research, and similar purposes is not an infringement of
copyright. Decompilation, which is understood here to be the reproduction of the code and
translation of the forms of a computer program to achieve the interoperability of an
independently created computer program with other programs may also constitute fair use
under the criteria established by this section, to the extent that such decompilation is done
for the purpose of obtaining the information necessary to achieve such interoperability.