Essentials

Piracy According to UNESCO, "piracy" includes the reproduction and distribution of copies of copyright-
protected material, or the communication to the public and making available of such material on on-line
communication networks, without the authorization of the right owner(s) where such authorization is
required by law. Piracy concerns different types of works, including music, literature, films, software,
videogames, broadcasting programs and signals.

According to Rilloraza et al., Media piracy is slowly increasing its popularity, in the internet, in the
market, schools and the community. In simpler terms media piracy has flourished. For example, it has
already replaced books and other materials, in terms of searching for information.

Intellectual Property

Intellectual property refers to the creations of the minds, such as inventions; literary and artistic works;
designs; and symbols, names, and images used in commerce.

According the World Intellectual Property Organization (WIPO), intellectual property is divided into
categories: industrial property and copyright.

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Copyright

Copyright covers literary works (such as novels, poems, and plays), films, music, artistic works (e.g.,
drawings, paintings, photographs, and sculptures) and architectural design.

Copyright also covers those of performing artists in their performances, producers of phonograms in
their recordings, and broadcasters in their radio and television programs.
Industrial Property

Industrial property includes patents for inventions, trademarks, industrial designs, and geographical
indications.

Intellectual Property Rights

Intellectual property rights according to WIPO, allow creators, or owners, of patents, trademarks or
copyrighted works to benefit from their own work or investment in a creation.

According the U.S. Chamber of Commerce, intellectual property rights are important because:

it creates and supports high-paying jobs;

it drives economic growth and competitiveness;

it protects consumers and families;

it generates breakthrough solutions to global challenges; and

it encourages innovation and rewards entrepreneurs.

Intellectual property rights, according to WIPO, reward creativity and human endeavor, which fuel the
progress of humankind. An example would be:
Without the rewards provided by the patent system, researchers and inventors would have little
incentive to continue producing better and more efficient products for consumers.

Patent

A patent is an exclusive right granted for an invention according to WIPO. A patent provides protection to
patent owners. Protections is granted generally for 20 years.

The Intellectual Property Code of the Philippines

The Intellectual Property Code of the Philippines, the State recognizes that an effective intellectual and
industrial property system is vital to the development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures market access for our products.

The term intellectual property rights consist of:

Copyrights

Trademarks

Geographical indications

Industrial designs

Patents

Layout-designs of integrated circuits

Trade Secret

Trademark

According to the intellectual property code of the Philippines, a trade mark means any visible sign that
can distinguish an enterprise’s goods and services. It includes a stamped or a marked container of goods.

Geographical Indication

According to the intellectual property office of Singapore, a geographical indication (GI) is a sign that
identifies a product as originating from a particular location which gives that product a special quality or
reputation or other characteristic.

Trademark VS Geographical Indication

Trademark is a sign used by a company to distinguish its goods and services from those produced by
others. It gives its owner the right to prevent others from using the trademark.

A geographical indication guarantees to consumers that a product was produced in a certain place and
has certain characteristics that are due to that place of production. It may be used by all producers who
make products that share certain qualities in the place designated by a geographical indication.

Industrial Design
An industrial design refers to the ornamental aspect that includes the shape, configuration, or pattern
applied to an article.

According to WIPO, protecting industrial designs helps to promote economic development by

encouraging creativity in the industrial and manufacturing sectors, as well as in traditional arts and
crafts. Designs contribute to the expansion of commercial activity and the export of national products.

Layout-Design of an Integrated Circuit

A layout-design (topographies) of an integrated circuit usually refers to the three-dimensional or detailed

description of the elements and interconnections of an integrated circuit.

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Trade Secret

According to the Intellectual Property Office of Singapore, a trade secret is an information that is
important to an enterprise and is not known to the public.

Examples of trade secrets may include the following:

A formula for a drink

Survey methods

Recipes

Marketing strategies
Manufacturing techniques

Copyright

Fictions or non-fictions writings, photographs, software, formulas, performances, musical works,

drawings and recordings of dramas can be copyrighted. Any work of intellectual expression can be
copyrighted.

The three conditions to be met for intellectual expressions to be copyrighted are the following:

It is original;

it includes a degree of creativity; and

it is in fixed format.

Facts, data and other non-creative expressions cannot be copyrighted. But there’s a possibility that
expressions found in facts like in a chart can be copyrighted.

Copyrights include the following rights:

The right to reproduce

The right to distribute

The right to display or perform the work in public

The right to create derivatives of an original work

Infringement is any action of breaking an agreement or a law, without the permission of the owner.
Typically, the author alone is the one who owns the rights. Multiple authors share the copyrights.
Moreover, copyrights can be given or sold as part of the contract.

Works in the public domain are free to everyone. Intellectual expressions or work go into public domain
when the original copyright has expired and has not been renewed, and when the original author
entitles the work for public domain.

The symbol © used a copyright mark or the long format (example: Copyright 2004, Matthew Reyes) are
no longer required once a work has been copyrighted. However, the absence of the marks does not
justify that the work is already free for everyone to use.

Fair Use

Fair use means that you can use a copyrighted work even without a license. But there are limitations,
you can only use copyrighted materials for:

Commentary

Criticism

Reporting

Research

Teaching

There are guidelines for Fair use of copyrighted works. These includes the following:

Majority of your content should be original

Always give credit to the author or creator of the work you use

Don’t make money out of the copyrighted work

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