2

TYPES OF
INTELLECTUAL
PROPERTY
Department of Industrial Engineering
and Information Technology (DIET)
 Learning Objectives

LO4. Differentiate between patents, trademarks, copyrights, and

trade secrets, highlighting their distinctive characteristics,
purposes, and legal protection mechanisms. (CO2)

Department of Industrial Engineering

and Information Technology (DIET)
 DEFINITION

Intellectual property (IP) refers to legal protections for creations

of the mind, such as inventions, artistic works, and symbols.
There are several types of intellectual property, each with its
own purpose and legal framework.

Department of Industrial Engineering

and Information Technology (DIET)
 2.1 PATENTS: PROTECTING INVENTIONS

Patents provide inventors with exclusive rights to their

inventions for a specified period, typically 20 years from the
filing date. During this time, no one else can make, use, sell, or
license the patented invention without the inventor's
permission.

There are different types of patents, including utility patents (for

new and useful processes, machines, and compositions of
matter) and design patents (for new, original, and ornamental
designs for an article of manufacture).

Department of Industrial Engineering

and Information Technology (DIET)
 2.1 PATENTS: PROTECTING INVENTIONS

To obtain a patent, an inventor must file a patent application with the relevant
government patent office, such as Intellectual Property Office of the Philippines
(IPOPHL). The application includes a detailed description of the invention and often
requires legal and technical expertise.

Patent protection is territorial, meaning that an inventor must file separate patent
applications in each country where they want protection. There are also international
treaties and mechanisms (e.g., the Patent Cooperation Treaty) that simplify the
process of seeking patent protection in multiple countries.

Patents encourage innovation by providing inventors with a temporary monopoly on

their inventions, giving them an incentive to invest in research and development.
Department of Industrial Engineering
and Information Technology (DIET)
 2.2 TRADEMARKS: BRANDING AND IDENTITY

Trademarks are essential for brand recognition and

protection in the marketplace. They help consumers
identify and distinguish products or services from one
source or company from those of others.

Trademarks can take various forms, including words,

names, logos, symbols, slogans, and even sounds or
colors.

Department of Industrial Engineering

and Information Technology (DIET)
 2.2 TRADEMARKS: BRANDING AND IDENTITY

Trademarks in the Philippines are registered with the IPOPHL, which administers the
Trademarks Office.

Trademark registration provides protection for ten years in the Philippines, renewable
indefinitely as long as the mark is in use.

Trademarks are typically categorized into different classes based on the types of
goods or services they represent. This means that the same trademark can coexist for
different products or services as long as there is no likelihood of consumer confusion.

Trademark owners have the exclusive right to use their marks in connection with their
goods or services, and they can take legal action against others who use confusingly
similar marks
Department in a way
of Industrial that may cause consumer confusion.
Engineering
and Information Technology (DIET)
 2.3 COPYRIGHT: PROTECTING CREATIVE WORKS

Copyright protection is automatic upon the creation of an

original work of authorship. It covers a wide range of creative
expressions, including literary works, music, art, films, and
software code.

Copyright holders have exclusive rights to reproduce,

distribute, perform, and display their works.

The term of copyright protection in the Philippines is the

lifetime of the author plus 50 years. For works created by
corporations, the protection lasts for 50 years from
publication.
Department of Industrial Engineering
and Information Technology (DIET)
 2.3 COPYRIGHT: PROTECTING CREATIVE WORKS

While registration with a copyright office is not required for protection, it offers
additional benefits, such as the ability to sue for statutory damages and attorney's
fees in case of infringement.

Copyright infringement occurs when someone copies, distributes, or uses a

copyrighted work without permission from the copyright owner. Fair use is an
important exception to copyright protection, allowing limited use for purposes such
as criticism, commentary, education, and research.

Department of Industrial Engineering

and Information Technology (DIET)
 2.4 TRADE SECRETS: PROTECTING CONFIDENTIAL INFORMATION

Trade secrets are valuable business information that is kept

confidential to gain a competitive advantage. This can
include customer lists, manufacturing processes, marketing
strategies, and formulas.

Unlike patents, trademarks, and copyrights, trade secrets do

not require formal registration or disclosure. Their
protection relies on maintaining the secrecy of the
information.

Department of Industrial Engineering

and Information Technology (DIET)
 2.4 TRADE SECRETS: PROTECTING CONFIDENTIAL INFORMATION

Trade secret protection can be lost if the information becomes publicly known, is
disclosed by employees or business partners, or is acquired by competitors through
improper means (e.g., theft, espionage, or breach of confidentiality agreements).

Legal remedies for trade secret misappropriation may include injunctive relief (to
prevent further disclosure or use of the trade secret), damages, and sometimes
criminal penalties under trade secret laws.

To protect trade secrets, businesses often implement robust security measures, such
as confidentiality agreements, restricted access to sensitive information, and
employee training on the importance of secrecy.

Department of Industrial Engineering

and Information Technology (DIET)
 IPR ISSUES IN THE PHILIPPINES

PATENTS
• Patent Infringement: A local company develops a product that appears to use a
patented technology without the permission of the patent holder. This can lead to
a legal dispute over patent infringement.

• Patent Examination Delays: Inventors may face issues with delays in the patent
examination process by the Intellectual Property Office of the Philippines
(IPOPHL), affecting the timeline for receiving patent protection.

• Patent Invalidity Challenges: A third party challenges the validity of a granted

patent, arguing that the invention lacks novelty or inventiveness, leading to a legal
dispute over patent validity.
Department of Industrial Engineering
and Information Technology (DIET)
 IPR ISSUES IN THE PHILIPPINES

TRADEMARKS
• Trademark Infringement: A local company starts using a trademark that is
confusingly similar to a registered trademark, potentially causing consumer
confusion and trademark infringement issues.

• Counterfeit Products: The Philippines faces issues with counterfeit goods,

including fake designer clothing, electronics, and pharmaceuticals, leading to
trademark violations and consumer safety concerns.

• Well-Known Mark Protection: Challenges may arise in determining whether a

trademark qualifies as "well-known," which can impact the level of protection it
receives against similar marks.
Department of Industrial Engineering
and Information Technology (DIET)
 IPR ISSUES IN THE PHILIPPINES

COPYRIGHTS
• Online Copyright Infringement: Issues related to the unauthorized sharing and
distribution of copyrighted content online, such as movies, music, and software,
through websites and social media platforms.

• Piracy of Books and Educational Materials: Unauthorized copying and

distribution of books and educational materials can affect publishers and authors,
leading to copyright disputes.

• Fair Use Disputes: Disagreements may arise regarding what constitutes "fair use"
of copyrighted material in educational, research, or journalistic contexts.

Department of Industrial Engineering

and Information Technology (DIET)
 IPR ISSUES IN THE PHILIPPINES

TRADE SECRETS
• Employee Theft: A former employee of a technology company leaves to start a
competing firm, taking with them confidential trade secrets, such as customer
lists and proprietary software, leading to trade secret misappropriation issues.

• Industrial Espionage: Companies may face challenges related to industrial

espionage, where competitors or third parties attempt to gain unauthorized
access to sensitive trade secret information.

• Inadequate Confidentiality Agreements: Issues can arise if businesses fail to

establish robust confidentiality agreements or trade secret protection measures,
making it harder to prove trade secret misappropriation.
Department of Industrial Engineering
and Information Technology (DIET)
 Thank
you!
Department of Industrial Engineering
and Information Technology (DIET)