INTELLECTUAL

PROPERTY RIGHT
 THE IPR CONTEXT
According to the World Intellectual Property Organization
(WIPO), intellectual property (IP) is divided into two
categories, namely, industrial property and copyright. Industrial
property includes inventions(patents), trademarks, industrial
designs, and geographic indications of source; while copyright
includes literary and artistic works such as novels, poems and
plays, films, musical works, artistic works such as
drawings, paintings, photographs and sculptures, and
architectural designs.

However, exclusive rights of the

scientists, researchers, inventors, artists, and other gifted citizens
in our country are not suitably protected as they should be. Most
of them have apprehensions in applying for intellectual property
rights.
 INTELLECTUAL PROPERTY RIGHT (IPR)
The term "intellectual property rights" consists of:

Copyright and Related Rights

Trademarks and Service Marks

Geographic Indications

Industrial Designs

Patents

Layout-Designs (Topographies) of Integrated Circuits

Protection of Undisclosed Information

 GOVERNMENT AGENCIES

The agency of the government in charge of the implementation

of the Intellectual Property Code is the Intellectual Property
Office which replaced the Bureau of Patents, Trademarks and
Technology Transfer. It is divided into six [6] Bureaus, namely:

Bureau of Patents
Bureau of Trademarks
Bureau of Legal Affairs
Documentation, Information and Technology Transfer Bureau
Management Information System and EDP Bureau
Administrative, Financial and Personnel Services Bureau.
 INTELLECTUAL PROPERTY OFFICE

The Intellectual Property Office of the Philippines (IPOPHL) is the

lead agency responsible for handling the registration and conflict
resolution of intellectual property rights. It was created by virtue
of Republic Act No. 8293 or the Intellectual Property Code of
the Philippines, which took effect on January 1, 1998 under the
presidency of Fidel V. Ramos.
 PATENTS

A Patent is a grant issued by the government through the

Intellectual Property Office of the Philippines. It is an exclusive
right granted for a product, process or an improvement of a
product or process which is new, inventive and useful. This
exclusive right gives the inventor the right to exclude others from
making, using, or selling the product of his invention during the
life of the patent.

A patent has a term of protection of twenty (20) years providing

an inventor significant commercial gain. In return, the patent
owner must share the full description of the invention.
 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 shall be patentable.
 NON-PATENTABLE INVENTIONS
Discovery
Scientific theory
Mathematical methods
Scheme, rule and method of
performing mental act
playing games
doing business
program for computer
Method for treatment -human or animal body by surgery
or therapy & diagnostic method
Plant variety or animal breed or essentially biological
processes for the production of plants and animals
Aesthetic creation
Contrary to public order ormorality
REQUIREMENT FOR PATENTABILITY

NOVELTY

INVENTIVE STEP

INDUSTRIAL APPLICABILITY
REQUIREMENTS FOR FILING A PATENT

Request for the Grant of Patent

Description of the Invention (Specification and Claim/s)

Drawings necessary for the Invention (if any)

Filing Fee
 TRADEMARKS

"Mark" means any visible sign capable of distinguishing the

goods (trademark) or services (service mark) of an enterprise
and shall include a stamped or marked container of goods.

A trademark is a tool used that differentiates goods and services

from each other. It is a very important marketing tool that
makes the public identify goods and services. A trademark can
be one word, a group of words, sign, symbol, logo, or a
combination of any of these. Generally, a trademark refers to
both trademark and service mark, although a service mark is
used to identify those marks used for services only.
 TRADEMARK PROTECTION

A trademark can be protected through registration. Registration

gives the trademark owner the exclusive right to use the mark
and to prevent others from using the same or similar marks on
identical or related goods and services.

Before applying for trademark registration, it would help if you

conduct a search in the trademarks database to determine if
there are identical or similar marks that would prevent the
registration of your mark. This is to prevent future conflicts with
marks that are already registered or with earlier filing dates.
 TRADEMARK REGISTRATION

The name and address of the applicant

The name of a State of which the applicant is a national or

where he has domicile

Where the applicant is a juridical entity, the law under which

it is organized and existing

The appointment of an agent or representative, if the

applicant is not domiciled in the Philippines
 TRADEMARK REGISTRATION
Where the applicant claims the priority of an earlier
application, an indication of:
The name of the State with whose national office the
earlier application was filed or it filed with an office other
than a national office, the name of that office
The date on which the earlier application was filed
Where available, the application number of the earlier
application

Where the applicant claims color as a distinctive feature of

the mark, a statement to that effect as well as the name or
names of the color or colors claimed and an indication, in
respect of each color, of the principal parts of the mark which
are in that color;
 TRADEMARK REGISTRATION

Where the mark is a three-dimensional mark, a statement to

that effect

One or more reproductions of the mark, as prescribed in the

Regulations

A transliteration or translation of the mark or of some parts of

the mark, as prescribed in the Regulations
 TRADEMARK REGISTRATION

The names of the goods or services for which the registration

is sought, grouped according to the classes of the Nice
Classification, together with the number of the class of the said
Classification to which each group of goods or services belongs

A signature by, or other self-identification of, the applicant or

his representative.
 COPYRIGHT
Copyright is the legal protection extended to the owner of the
rights in an original work.

“Original work” refers to every production in the

literary, scientific and artistic domain. Among the literary and
artistic works enumerated in the IP Code includes books and
other writings, musical works, films, paintings and other
works, and computer programs.

Works are protected by the sole fact of their

creation, irrespective of their mode or form of expression, as
well as their content, quality and purpose. Thus, it does not
matter if, in the eyes of some critics, a certain work has little
artistic value. So long as it has been independently created and
has a minimum of creativity, the same enjoys copyright
protection.
WORKS COVERED BY COPYRIGHT PROTECTION
Books,pamphlets,articlesandotherwritings

Periodicalsandnewspapers

Lectures, sermons, addresses, dissertations prepared for oral

delivery, whether or not reduced in writing or other material
form

Letters

Dramatic or dramatico-musical compositions; choreographic

works or entertainment in dumb shows

Musical compositions, with or without words

WORKS COVERED BY COPYRIGHT PROTECTION

Works of
drawing, painting, architecture, sculpture, engraving, lithography
or other work of art; models or designs for works of art

Original ornamental designs or models for articles of

manufacture, whether or not registrable as an industrial
design, and other works of applied art

Illustrations, maps, plans, sketches, charts and three-

dimensional works relative to
geography, topography, architecture or science

Drawingsorplasticworksofa scientific or technical character

WORKS COVERED BY COPYRIGHT PROTECTION

Photographic works including works produced by a process

analogous to photography; lantern slides

Audiovisual works and cinematographic works and works

produced by a process analogous to cinematography or any
process for making audio-visual recordings

Pictorial illustrations and advertisements

Computerprograms

Other literary, scholarly, scientific and artistic works.

 TERM OF PROTECTION OF COPYRIGHT

In general, the term of protection of copyright for original and

derivative works is the life of the author plus fifty (50) years after
his death. The Code specifies the terms of protection for the
different types of works.

In calculating the term of protection, the term of protection

subsequent to the death of the author shall run from the date of
his death or of publication, but such terms shall always be
deemed to begin on the first day of January of the year following
the event which gave rise to them (i.e. death, publication,
making).
 COPYRIGHT INFRINGEMENT

Copyright infringement consists in infringing any right secured

or protected under the Code. It may also consist in aiding or
abetting such infringement. The law also provides for the liability
of a person who at the time when copyright subsists in a work
has in his possession an article which he knows, or ought to
know, to be an infringing copy of the work for the purpose of:

Selling or letting for hire, or by way of trade offering or

exposing for sale or hire, the article
Distributing the article for the purpose of trade, or for any
other purpose to an extent that will prejudice the rights of
the copyright owner in the work
Tradeexhibitof the article in public.
 COPYRIGHT REGISTRATION

A duly accomplished form in duplicate for each work,

provided, that a separate application is submitted for each
number of a periodical containing a notice of copyright.

A support document evidencing ownership of the copyright,

the manner of its acquisition if the claimant is not the original
author translator, or editor, and where and in what
establishment the work was made, performed, printed, or
produced, and the date of its completion and publication.

Receipt showing payment of the registration fee if the

application is filed personally, or by postal money order if the
application is filed by registered mail.
 COPYRIGHT REGISTRATION

Documentary stamps in the correct amount, which shall be

affixed to the registration and deposit certificate.

Two (2) complete copies or reproduction of the work or

replica or picture

Two (2) printed copies with the copyright notice printed in

front or at the back of the title page or on any conspicuous space
for a non-book material, if the work is a published work.
 COPYRIGHT REGISTRATION

Documentary stamps in the correct amount, which shall be

affixed to the registration and deposit certificate.

Two (2) complete copies or reproduction of the work or

replica or picture

Two (2) printed copies with the copyright notice printed in

front or at the back of the title page or on any conspicuous space
for a non-book material, if the work is a published work.
 INDUSTRIAL DESIGN
An industrial design is the ornamental or aesthetic aspect of an
article. The design may consist of three-dimensional
features, such as the shape or surface of an article, or of two-
dimensional features, such as patterns, lines or color.

Industrial designs are applied to a wide variety of products of

industry and handicraft: from technical and medical instruments
to watches, jewelry, and other luxury items; from house wares
and electrical appliances to vehicles ; from textile designs to
leisure goods.

To be protected under most national laws, an industrial design

must be non-functional. This means that an industrial design is
primarily of an aesthetic nature and any technical features of the
article to which it is applied are not protected.
 DESIGN PROTECTION

When an industrial design is protected, the owner - the person

or entity that has registered the design - is assured an exclusive
right against unauthorized copying or imitation of the design by
third parties.

This helps to ensure a fair return on investment. An effective

system of protection also benefits consumers and the public at
large, by promoting fair competition and honest trade
practices, encouraging creativity, and promoting more
aesthetically attractive products.
 UTILITY MODELS

A Utility Model is a protection option, which is designed to

protect innovations that are not sufficiently inventive to meet
the inventive threshold required for standard patents
application. It may be any useful machine, implement, tools,
product, composition, process, improvement or part of the
same, That is of practical utility, novelty and industrial
applicability.

A utility model is entitled to seven (7) years of protection from

the date of filing, with no possibility of renewal.
 UTILITY MODELS—REGISTRATION

An application for registration should contain a duly

accomplished request for registration as prescribed by the
Bureau, specification or description containing the following:

Title
Technical field
Backgroundof the Utility Model
Briefdescriptionof the several views of the drawings
Detaileddescription
Claimor claims
Drawings
Abstractof the disclosure.