CODE OF

ETHICS
PRESENTED BY:
Cruz, Andrea Pearl
Carillo, Angelo
Cunanan, Rhenchel
de las Alas, John Cedrick
Felicilda, Edmar
Fornoles, Gabrielle
Guico, John Paulo

PATENT
A patent is a set of exclusive rights granted by a
sovereign state to an inventor or assignee for a
limited period of time in exchange for detailed public
disclosure of an invention. An invention is a solution
to a specific technological problem and is a product or
a process. Patents are a form of intellectual property.

Examples:

LAW
Effects
A patent does not give a right to make or use or sell
an invention. Rather, a patent provides, from a legal
standpoint, the right to exclude others from making,
using, selling, offering for sale, or importing the
patented invention for the term of the patent, which is
usually 20 years from the filing date subject to the
payment of maintenance fees.

Infringement
Patent infringement occurs when a third party,
without authorization from the patentee, makes, uses,
or sells a patented invention. Patents, however, are
enforced on a nation by nation basis.
The making of an item in China, for example, that
would infringe a U.S. patent, would not constitute
infringement under US patent law unless the item
were imported into the US.

Enforcement
Patents can generally only be enforced through civil
lawsuits (for example, for a U.S. patent, by an action
for patent infringement in a United States federal
court), although some countries (such as France and
Austria) have criminal penalties for wanton
infringement.

Ownership
In most countries, both natural persons and
corporate entities may apply for a patent. In the
United States, however, only the inventor(s) may
apply for a patent although it may be assigned to a
corporate entity subsequently and inventors may be
required to assign inventions to their employers
under an employment contract.

Governing laws
The grant and enforcement of patents are governed
by national laws, and also by international treaties,
where those treaties have been given effect in
national laws.
Patents are granted by national or regional patent
offices. A given patent is therefore only useful for
protecting an invention in the country in which that
patent is granted.

TRADEMARK
Trademark are generally words, phrases, logo or any combination used
by producers to identify their goods.
Trademark is a very important marketing tool that makes the public
identify goods, and services.
Trademark Rights through registration are use
Here in the Philippines a trademark can be protected through registration
Through registration it gives the producers the exclusive right to use the
mark and prevent others from using the same or similar marks on
identical or related goods and services.
The owner or producer should meet the requirement for registrability of
mark under sec. 123 of the Intellectual property code.

Examples:

Requirement to apply for

registration
A duly filled out trademark application form
Drawing of the mark
Payments of fees

The Mark will not be registered if it

is (Section 123)
Descriptive
These are mark that describe the characteristics of the goods or services
Misleading
Marks that have the tendency to misinform the consumers about the
actual characteristics of the goods on services
Generic and customary to trade
Generic mark are homes of product of the seek to identify
Marks and indication that have become common in everyday language or
usage cannot be registered
Contrary to Public Order or Morality
Marks that are against the common standard of morality.

CONSISTS OF NAMES, PORTRAITS OF PERSONS, MAPS, FLAGS AND

OTHER POLITICAL SYMBOLS
Marks that contain names or portraits of living individuals may be rejected
unless the individual gives written consent.
SHAPE AND COLOR
Shapes must be distinctive from the usual shape of goods or containers of
the goods, in order to be considered a trademark.
Color alone is not accepted unless it is defined by a given form.
MARKS THAT MAY CAUSE CONFUSION
Your mark cannot be registered if it is identical with or similar to a registered
mark or a mark with earlier filing date for goods and services that are exactly
the same or for goods and services that are related. Consumers should not
confuse your mark with the marks of others.
IDENTICAL WITH, OR CONFUSINGLY SIMILAR TO WELL-KNOWN MARKS
Marks that are identical with or similar to marks that are known
internationally and in the Philippines will be refused registration.

Certificate of registration
A Certificate of registration shall remain in force for ten
years:
Provided, that the registrant shall file a declaration of
actual use and evidence to that effect, or shall show
valid reasons based on the existence of obstacle to such
use, as prescribes by the regulations, within one year
from registration of the mark otherwise, the mark shall
be removed from the registration by the offices.

LICENSING
Licensing-means renting or leasing of an intangible
asset. It is a process of creating and managing contracts
between the owner of a brand and a company or
individual who wants to use the brand in association
with a product, for an agreed period of time, within an
agreed territory. Licensing is used by brand owners to
extend a trademark or character onto products of a
completely different nature.

LICENSING AGREEMENT
Alicensing agreementis a legal contract between
two parties, known as the licensor and the licensee. In a
typicallicensing agreement, the licensor grants the
licensee the right to produce and sell goods, apply a
brand name or trademark, or use patented technology
owned by the licensor.

Examples:

FAIR USE
Fair use is an exception to the exclusive rights held by the
copyright owner. It exists in some countries such as the US and UK.
Under it, in certain cases, using work without permission is possible.
If someones usage is defined as fair use, then they dont need to
obtain a license. Essentially, using copyrighted material is a legal
right. Examples of fair use might include:
Educational purposes, such as teaching and student research;
Making commentary and criticism as part of a news report or published
article.
Theres a misconception that noncommercial or nonprofit use is always
acceptable. It isnt. Fair use is a legal term and is judged case by case. Always
research thoroughly if you think your use of copyrighted material is legal.

LEGAL JURISDICTION
Every country has its own interpretation of copyright law, but there
are many agreements between nations.Licenses are enforced under
copyright law, which is different than contract law. The distinction
here is questionable within certain jurisdictions, each of which
applies the law differently.
TheBerne Convention(for the Protection of Literary and Artistic
Works) was established in1886 and is aninternational
agreementthat governs copyright. It states that each member
state must recognize the copyright of work from other countries, and
it must extend the same rights to foreign work that it gives to those
of its own citizens. It also makes clear a minimum standard of
protection for copyright owners. To date, 164 countries have signed
this agreement.

Licenses can be limited to certain jurisdictions. So, while

something may be free in one country, the copyright owner
could reserve all rights in other countries.
If youre reading this, I can guess pretty confidently that you
work on the Web and that you are, or will be, purchasing
licenses from copyright owners in different countries. These
licenses are bound by the laws of those countries, and you
must respect them.
Were getting into political and legal territory here.
Remember: if in doubt, get legal advice.

LICENSE TERMINOLOGY
Copy
A simple copy of the original work.
Modify
To alter copyrighted work in some way before using it.
Derivative work
The result of modifying copyrighted work to produce new
work.
Distribute
The act of giving someone your work under a license.
Redistribute
The act of distributing work and its license after obtaining
it under license from the original copyright owner.

 Share alike
Permission to distribute derivative work under the same or a
similar license.
Credit or attribution
The act of identifying the original copyright owner.
Copyright notice
A written phrase or symbol () informing of copyright ownership
(not necessarily required by law).
All rights reserved
A common copyright notice declaring that no usage rights exist
(again, not necessarily required).
Warranty
A written guarantee included with the license (or, usually, not).
With this in mind, lets start with the creative licenses.

Quiz
Identify if the statement is true or false. Write T if the statement is true
and F if the statement is false.
1. A Licensing is a set of exclusive rights granted by a sovereign state to an
inventor or assignee for a limited period of time in exchange for detailed
public disclosure of an invention.
2. Patent are generally words, phrases, logo or any combination used by
producers to identify their goods.
3. Alicensing agreementis a legal contract between two parties, known as
the licensor and the licensee.
4. Fair use is an exception to the exclusive rights held by the copyright
owner.

5. Patent infringement occurs when a third party, without

authorization from the patentee, makes, uses, or sells a
patented invention.
6. Descriptive are mark that describe the characteristics of
the goods or services.
7. Generic mark are homes of product of the seek to identify
8. Shapes must be distinctive from the usual shape of goods
or containers of the goods, in order to be considered a
trademark.
9. Misleading Marks that have the tendency to misinform the
consumers about the actual characteristics of the goods
on services.
10.A patent does not give a right to make or use or sell an
invention.

Answer

1. F
2. F
3. T
4. T
5. T
6. T
7. T
8. T
9. T
10.T