INTELLECTUAL

PROPERTY CODE
HANNA MAE M. MATA
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2 Q & A:

• What is Plagiarism?
• What are some examples of plagiarism?
• Give an example of a type of plagiarism.
• What is protected under the Intellectual Property Code?
• What is the Doctrine of Fair Use?
• What is a work of Public Domain?
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4 COPYRIGHT, PATENT AND TRADEMARK

1. Copyright – Deals with literary and artistic works, including scientific and scholarly works.
(ex. publications, books, cds or movies, music)
2. Patent – Deals with inventions, industrial designs. (ex. cars) and utility models, includes
trade secrets
3. Trademark – deals with visible signs susceptible to ocular senses and capable of
distinguishing goods and services (ex. brands, logos)
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5 PLAGIARISM
According to the Merriam-Webster Online Dictionary, to “plagiarize” means:
1. to steal and pass off (the ideas or words of another) as one's own
2. to use (another's production) without crediting the source
3. to commit literary theft
4. to present as new and original an idea or product derived from an existing source

In other words, plagiarism is an act of fraud. It involves both stealing someone else’s
work and lying about it afterward.
SOURCE: What is plagiarism - hunter college. (n.d.). Retrieved January 30, 2023, from
https://www.hunter.cuny.edu/studentaffairs/repository/files/What%20is%20Plagiarism.pdf
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CHANGING THE WORDS OF AN ORIGINAL SOURCE IS NOT SUFFICIENT

TO PREVENT PLAGIARISM. IF YOU HAVE RETAINED THE ESSENTIAL
IDEA OF AN ORIGINAL SOURCE, AND HAVE NOT CITED IT, THEN NO
MATTER HOW DRASTICALLY YOU MAY HAVE ALTERED ITS CONTEXT
OR PRESENTATION, YOU HAVE STILL PLAGIARIZED
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TYPES OF PLAGIARISM
SOURCE: What is plagiarism - hunter college. (n.d.). Retrieved January 30, 2023, from
https://www.hunter.cuny.edu/studentaffairs/repository/files/What%20is%20Plagiarism.
pdf
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8 SOURCES NOT CITED

1) “The Ghost Writer”

The writer turns in another’s work, word-for-word, as his or her own.

2) “The Photocopy”

The writer copies significant portions of text straight from a single source,
without alteration.

3) “The Potluck Paper”

The writer tries to disguise plagiarism by copying from several different

sources, tweaking the sentences to make them fit together while retaining most
of the original phrasing.
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4) “The Poor Disguise”

Although the writer has retained the essential content of the source, he or she has
altered the paper’s appearance slightly by changing key words and phrases.

5) “The Labor of Laziness”

The writer takes the time to paraphrase most of the paper from other sources and
make it all fit together, instead of spending the same effort on original work.

6) “The Self-Stealer”

The writer “borrows” generously from his or her previous work, violating policies
concerning the expectation of originality adopted by most academic institutions.
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10 SOURCES ARE CITED BUT THERE IS STILL

PLAGIARISM
1) “The Forgotten Footnote” - The writer mentions an author’s name for a
source, but neglects to include specific information on the location of the
material referenced. This often masks other forms of plagiarism by obscuring
source locations.

2) “The Misinformer” - The writer provides inaccurate information regarding

the sources, making it impossible to find them.

3) “The Too-Perfect Paraphrase”- The writer properly cites a source, but

neglects to put in quotation marks text that has been copied word-for-word,
or close to it. Although attributing the basic ideas to the source, the writer is
falsely claiming original presentation and interpretation of the information.
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4) “The Resourceful Citer”- The writer properly cites all sources,

paraphrasing and using quotations appropriately. But the paper contains
almost no original work. It is sometimes difficult to spot this form of
plagiarism because it looks like any other well-researched document.

5) “The Perfect Crime” - In this case, the writer properly quotes and
cites sources in some places, but goes on to paraphrase other
arguments from those sources without citation. This way, the writer tries
to pass off the paraphrased material as his or her own analysis of the
cited material.
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12 INTELLECTUAL PROPERTY CODE OF THE

PHILIPPINES

PURPOSE OF THE LAW:

“It 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 periods as
provided in this Act.”
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13 WHAT IS PROTECTED UNDER THE IPC?

“ORIGINAL WORKS”

“Original work” refers to intellectual creation in the literary, scientific and

artistic domain.
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• SECTION 172. Literary and Artistic Works. — 172.1. Literary and artistic
works, hereinafter referred to as "works", are original intellectual
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creations in the literary and artistic domain protected from the moment of
their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;

b. Periodicals and newspapers

c. Lectures, sermons, addresses, dissertations prepared for oral delivery,

whether or not reduced in writing or other material form
d. Letters;

e. Dramatic or dramatico-musical compositions; choreographic works or

entertainment in dumb shows;
f. Musical compositions, with or without words;

g. Works of drawing, painting, architecture, sculpture, engraving, lithography

or other works of art; models or designs for works of art;
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g. Original ornamental designs or models for articles of manufacture, whether or

not registrable as an industrial design, and other works of applied art;
h. Illustrations, maps, plans, sketches, charts and three-dimensional works
relative to geography, topography, architecture or science;
i. Drawings or plastic works of a scientific or technical character;
j. Photographic works including works produced by a process analogous to
photography; lantern slides;
k. Audiovisual works and cinematographic works and works produced by a
process analogous to cinematography or any process for making audio-visual
recordings;
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l. Pictorial illustrations and advertisements;

m. Computer programs; and
n. Other literary, scholarly, scientific and artistic works.

Works are protected by the sole fact of their creation, irrespective of their
mode or form of expression, as well as of their content, quality and
purpose. (Sec. 2, P.D. No. 49a)
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17 WORKS NOT PROTECTED

Idea, expression dichotomy

• No protection shall extend, under this law, to any idea, procedure, system, method or
operation, concept, principle, discovery or mere data as such, even if they are expressed,
explained, illustrated or embodied in a work; news of the day and other miscellaneous
facts having the character of mere items of press information; or any official text of a
legislative, administrative or legal nature, as well as any official translation thereof.
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18 DOCTRINE OF FAIR USE

Fair Use of a Copyrighted Work. —

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.
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19 IN DETERMINING WHETHER THE USE MADE OF A WORK

IN ANY PARTICULAR CASE IS FAIR USE, THE FACTORS
TO BE CONSIDERED SHALL INCLUDE:

(a)The purpose and character of the use, including whether such use is of
a commercial nature or is for non-profit educational purposes;
(b)The nature of the copyrighted work;
(c)The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
(d)The effect of the use upon the potential market for or value of the
copyrighted work.
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WORKS OF PUBLIC DOMAIN

Works that are no longer protected by copyright, or never have been, are
considered “public domain.” This means that you may freely borrow
material from these works without fear of plagiarism, provided you make
proper attributions.