INTELLECTUAL PROPERTY

RIGHTS AND THEIR

IMPLICATIONS

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 Intellectual property (IP) is a
product of the intellect that has
commercial value, including
copyrighted property such as
literary or artistic works, and
ideational property, such as
patents, appellations of origin,
business methods, and
industrial processes.

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 Intellectual property rights are
exclusive rights over creations of the
mind, both artistic and commercial.
Intellectual property laws exist for the
following reasons:
"One is to give statutory expression to
the moral and economic rights of
creators in their creations and to the
rights of the public in accessing those
creations. The second is to promote
creativity, and the dissemination and
application of its results, and to
encourage fair trade, which would
contribute to economic and social
development.“(WIPO)

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 Copyright protects creative
works, such as books, movies,
music, paintings, photographs,
and software. The law gives the
copyright holder exclusive right to
control publication, distribution
and adaptation of such works for a
certain period of time.

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 Duration:
Fifty to one-hundred years after the
author’s death
Finite period for anonymous or
corporate authorship
Berne Convention
Copyrights for creative works are
automatically in forced upon their
creation without being asserted or
declared; As soon as a work is written
or recorded on some physical medium,
its author is automatically entitled to all
copyright.

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 Under Philippine Laws, the following may be
covered by copyright:

A: Literature (books, pamphlets, etc.)

B: Periodicals (newspapers, tabloids,
magazines, etc.)
C: Public speeches and other public speaking
works (speeches, lectures, sermons, etc.)
D: Letters
E: Television or movie scripts, choreography,
and entertainment in shows
F: Musical works (lyrics, songs, song
arrangements, etc.)
G: Art products (drawings, paintings.
sculptures, etc.)
H: Ornamental designs and other forms of
applied art (not necessarily industrial
designs)

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 I: Geographical, topographical, architectural,
and scientific works (maps, charts, plans,
etc.)
J: Scientific and technical drawings
K: Photographs and cinematographic works
made in a process similar to photography
L: Audio-visual works and cinematographic
works made in a process similar to making
audio-visual works
M: Pictures used in advertising (includes
logos)
N: Computer programs
O: Other works not covered in classes A-N of
a literary, scholarly, scientific, or artistic
nature
P: Sound recordings
Q: Broadcasts

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 Infringement:

Use of pirated software for institutional

and industrial gains.
The unlawful downloading of
copyrighted material and sharing of
recorded music over the Internet in the
form of MP3 files and other audio files.
Unlawful use or duplication of
promotional screener DVDs distributed
by movie studios (often for
consideration for awards).
Copied movies by someone sneaking
a camcoder into a movie theater.

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 Fair use varies from one country to the
other. The Philippine copyright law
has a fair use doctrine based largely
on the doctrine adopted in the United
States. The application shall depend
on the following criteria:

• the purpose and character of the use,

including whether such use is of a
commercial nature or is for nonprofit
educational purposes;
• the nature of the copyrighted work;
• the amount and substantiality of the
portion used in relation to the
copyrighted work as a whole; and
• the effect of the use upon the potential
market for or value of the copyrighted
work.

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 Patent may be granted for a new,
useful, and non-obvious invention
and gives the patent holder a right to
prevent others from practicing the
invention without a license from the
inventor for a certain period of time.
The following may be covered:
• Any new and useful process
• Machine
• Article of manufacture
• Composition of matter
• A new and useful improvement in
any of the above

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 Under Philippine Laws (Republic Act No.
8293, otherwise known as the Intellectual
Property Code of the Philippines),
Patentable Inventions – Any technical solution
of a problem in any field of human activity
which is new, involves an inventive step
and is industrially applicable (Sec. 21, IP
CODE)
An invention may be, or may relate to (Sec.
21, IP CODE);
a) a useful machine;
b) a product;
c) process;
d) an improvement of any of those above;
d) microorganism; and
e) non-biological and microbiological
processes.

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 Right to a Patent.
The right to a patent belongs to the
inventor, his heirs, or assigns. When
two (2) or more persons have jointly
made an invention, the right to a patent
shall belong to them jointly (Sec. 28, IP
CODE).
The Applicant.
The application may be filed by the
actual inventor(s) or in the name of his
heirs, legal representative or assigns.

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 Inventions Created Pursuant to a
Commission.
The person who commissions the work shall
own the patent, unless otherwise provided in
the contract. (Sec. 30.1, IP CODE)
Inventions made in the course of
employment.
In case the employee made the invention in
the course of his employment contract, the
patent shall belong to:
(a) The employee, if the inventive activity is
not a part of his regular duties even if the
employee uses the time, facilities and
materials of the employer
(b) The employer, if the invention is the result
of the performance of his regularly-assigned
duties, unless there is an agreement, express
or implied, to the contrary. (Sec. 30.2, IP
CODE)

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 First to File Rule.
If two (2) or more persons have made
the same invention separately and
independently of each other, the right
to the patent shall belong to the person
who filed an application for such
invention, or where two or more
applications are filed for the same
invention, to the applicant who has the
earliest filing date or, the earliest
priority date (Sec. 29, IP CODE).
Where two or more applications for the
same invention made separately and
independently of each other have the
same filing date, or priority-date the
patent will be issued jointly to the
applicants of all such applications.

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 The application shall contain
the following:
(a) A request for the grant of a
patent;
(b) A description of the invention;
(c) drawing necessary for the
understanding of the invention;
(d) One or more claims; and
(e) An abstract.

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 Infringement:

Mercury-Vapor Lamps. The case

involved a leading manufacturer of
ultra high performance (UHP) mercury-
vapor lamps, asserting its patents
against a Japanese company accused
of infringement. Following a two-week
trial, the jury returned a verdict that
manufacturer’s patent was valid and
infringed and awarded $43 million in
damages.

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 A utility model is an intellectual
property right to protect
inventions. It is very similar to
the patent, but usually has a
shorter term (often 6 or 10
years) and less stringent
patentability requirements.

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 Under Philippine Laws:

Any technical solution of a

problem in any field of human
activity which is new and
industrially applicable may be
registered as utility model.

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 A utility model may be, or may
relate to
(a) a useful machine;
(b) an implement or tool;
(c) a product or composition;
(d) a method or process; or
(e) an improvement of any of the
foregoing.

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 Non-Registrable Utility Models.
(a) Discoveries, scientific theories and
mathematical method;
(b) Schemes, rules and methods of
performing mental acts, playing games or
doing business, and programs for computers;
(c) Methods for treatment of the human or
animal body by surgery or therapy and
diagnostic methods practiced on the human
or animal body. This provision shall not apply
to products and compositions for use in any of
these methods;
(d) Plant varieties or animal breeds or
essentially biological process for the
production of plants or animals. This provision
shall not apply to microorganisms and non-
biological and microbiological processes;
(e) Aesthetic creations; and
(f) Anything which is contrary to public order
or morality.

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 Filing Requirements:
(a) A property filled-out request form
for registration as prescribed by the
Bureau;
(b) A description of the Utility Model;
(c) Claim or claims; and
(d) Drawings or a pictorial
representation disclosing
completely the utility model, if there
is/are any.

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 Industrial design rights are
intellectual property rights that protect
the visual design of objects that are not
purely utilitarian.
An industrial design consists of the
creation of a shape, configuration or
composition of pattern or color, or
combination of pattern and color in
three dimensional form containing
aesthetic value. An industrial design
can be a two- or three-dimensional
pattern used to produce a product,
industrial commodity or handicraft.

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 Under Philippine Laws:

An industrial design is any

composition of lines or colors or any
three-dimensional form, whether or
not associated with lines or colors:
Provided that, such composition or
form should give a special
appearance to and can serve as
pattern for an industrial product or
handicraft that are new or original.

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 An industrial design must be
A new or original creation relating to
the ornamental features of shape,
configuration, form, or combination
thereof, of an article of manufacture,
whether or not associated with lines,
patterns or colors, which imparts an
aesthetic and pleasing appearance
to the article.
The design which is embodied in
any composition of lines, patterns or
colors must be inseparable from the
article and cannot exist alone
merely as a scheme of surface
ornamentation.

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 Filing Requirements:

(a) Indications allowing the

identity of the applicant to be
established; and,
(b) A representation of the
article embodying the
industrial design or a pictorial
representation thereof.

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 A trademark or trade mark, identified
by the symbols ™ (not yet registered)
and ® (registered), or mark is a
distinctive sign or indicator used by an
individual, business organization or
other legal entity to identify that the
products and/or services to consumers
with which the trademark appears
originate from a unique source of
origin, and to distinguish its products or
services from those of other entities.

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 A trademark is a distinctive sign
which is used to prevent confusion
among products in the marketplace.

Under Philippine Laws:

A trademark is any visible sign
capable of distinguishing goods. A
sign, device or mark by which the
articles produced or dealt in by a
particular person or organization are
distinguished or distinguishable from
those produced or dealt in by others,
and must be affixed to goods or
articles.”

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