Doctrine of Reciprocity

Any conditions, restriction, limitation, diminution, requirement penalty or any similar burden imposed by the law of a
foreign country on a Philippine national seeking protection of intellectual property rights of that country shall be
reciprocally be enforceable upon national of a said country within Philippine jurisdiction

Intellectual Property Rights has a statutory definition as that consisting of:

a) Copyrights and Related Rights

b) Trademarks and Service Marks
c) Geographic Indicators
d) Industrial Designs
e) Patents
f) Layout Designs
g) Protection of undisclosed information

Trademark – is any visible signs distinguishing the goods (trademark) services (service marks) of an enterprise and shall
include a stamped or marked container of goods

Tradename – means the name or designation identifying or distinguishing an enterprise

Copyright - is confined to literary and artistic work which are original intellectual creations in the literary and artistic
domain protected from the moment of their creation.

Patent – is a set of exclusive rights granted by the State to an inventor or his assignee for a fixed period of time in
exchange for a disclosure of an invention

Patentable Invention – Any technical solution to a problem in any field of human activity which is new, involves an
inventive step and is industrially applicable shall be patentable. It may be or may relate to a product, or process or an
improvement of any of the foregoing.

Non-patentable inventions- The following shall be excluded from patent protection:

a) Discoveries
b) Scientific discoveries
c) Mathematical Methods
d) Drugs and Medicines

Three-fold purpose and Ultimate Goal

1) Patent law seeks to foster and reward invention

2) It promotes disclosure of invention to stimulate further invention and to permit the public to practice the
invention once the patent expires
3) Stringent requirements for patent protection seeks to ensure ideas in the public domain remain there for free
use of the public
PATENTS, TRADEMARK AND COPYRIGHT CANNOT BE INTERCHANGED AND MUST THEREFORE BE TAKEN
SEPARATELY.
Technology Transfer Arrangement – It is a contract or agreement involving the transfer of systematic
knowledge for the manufacture of a product, the application of a process or rendering of a service including
management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights,
including licensing of computer software developed for mass market.

Intellectual Property Office

 Created under Republic Act 8293, This office replaced the Bureau of Patents, Trademark and
Technology Transfer
 IPO is headed by a Director General who is assisted by two Deputies Director General
 Divided into seven bureaus, each of which is headed by a Director and assisted by an Assistant
Director.

Bureaus:

1) The bureau of Patent

2) Bureau of Trademarks
3) Bureau of Legal Affairs
4) The Documentation, Information and Technology Transfer Bureau
5) The Management