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IPL Overview | Reyes

Trademark Patent Copyright Trade Secret/


Undisclosed Info

Function Use Technology/solution Creation (IP in itself) Secrecy and economic


advantage

Definition Visual Sign (PH)


Technical solution to a IP Code: no definition
Non-disclosure - for as
As long as capable human problem
long as it is a secret

distinguishing, not - new


Traditionally

necessarily visual - Involves an inventive Enumerated only e.g. Coke — no patent


(other countries)
step and industrial although with a general
application clause (of what are
Use it on goods and copyrightable materials)
services to
distinguish you as
the maker

Term 10 years, renewable Depends:


Lifetime of the creator + Indefinite

indefinitely for so 1. Invention: 20 years


50 years after his death
long as you use it
2. Utility model in favor or heirs;
Term of secrecy - as
(improvement on IF no heirs: State long as it is undisclosed
e.g. Levi’s back existing technology): (Director of National
pocket design
5, 5, 5
Library)

3. Industrial design: 7 If given to corporation


Former: 20 years years
immediately: 50 years
1. LV was a patent
under this until it
became a
trademark

Remedies Infringement
Infringement
Infringement
Infringement/Damages/
1. Civil
1. Civil
- Economic
Injunction
2. Admin
2. Admin
- Held by creator

3. Criminal
3. Criminal (only on the - Moral

second offense) - creator

Unfair Competition
- Related

- May be another
Damages/Injunction/ person

destruction - Neighboring rights

- Other person
Conventions Paris Convention
Paris Convention
Bern
TRIPS
Patent Cooperation
WTO (created WIPO) treaty

Need for Registered/Unfair Letters Patent No registration required, None


registration competition yours from the moment
of creation

But registration makes it


easier to prove
ownership

Defenses GReyes: doubts that Could be that the person


GF for infringement is inadvertently found out
a defense because the secret
mala prohibita
NO GOOD FAITH
For U.C.: GF may be
a defense because it
should be intentional
IPL Overview | Reyes