Intellectual Property

IP which includes patents, trademarks, copyrights and trade secrets- represents important assets to the entrepreneur and should e understood even before engaging the services of an attorney.

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Patents, Copyright & Trademarks

Patent
is a grant issued by the government through the Intellectual Property Office of the Philippines (IP 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. From: RA 8293 Intellectual Property Code of the Phils.
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Patents, Copyright & Trademarks

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. This information is made available to the public in the form of the Intellectual Property Official Gazette and can be utilized as basis for future research and will in turn promote innovation and development.

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Patents, Copyright & Trademarks

Statutory Classes of Invention A useful machine A product or composition A method or process, or An improvement of any of the foregoing process Microorganism Non-biological & microbiological process

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Patents, Copyright & Trademarks

Non-Patentable Inventions Discovery Scientific theory Mathematical methods Scheme, rule and method of performing mental act

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Patents, Copyright & Trademarks

REQUIREMENT FOR PATENTABILITY NOVELTY the quality of being new & original INVENTIVE STEP- shows creativity INDUSTRIAL APPLICABILITY useful in the
industry

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Patents, Copyright & Trademarks

WHO MAY APPLY FOR A PATENT? Natural person Juridical person a body of persons, a corporation, a partnership, or other legal entity recognized by law

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Patents, Copyright & Trademarks

KINDS OF PATENTS: 1. Utility Patents
grants the owner protection from anyone else making, using, and/or selling the identified invention and generally reflects protection of new, useful, and unobvious processes such as film developing, machines such as photocopiers, compositions of matter such as chemical compound or mixtures of ingredients and articles of manufacturer such as toothpaste pump. e.g. Monobloc chair,stool, herbal coffee etc.
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Patents, Copyright & Trademarks

KINDS OF PATENTS: 2. Design Patents
covering new, original, ornamental and unbovious designs for articles of manufacturer, a design patent reflects the appearance of an object.
e.g. Emulsifiers, rimless eye glasses

These patents are granted with a 14-yr term and like the utility patent, provides an inventor with a negative right excluding others from making, using or selling an article having the ornamental appearance given in drawings included in the patent.
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Patents, Copyright & Trademarks

PATENT APPLICATION 32.1. The patent application shall be in Filipino or English and shall contain the following: (a) A request for the grant of a patent; (b) A description of the invention; (c) Drawings necessary for the understanding of the invention; (d) One or more claims; and (e) An abstract. 32.2. No patent may be granted unless the application identifies the inventor. If the applicant is not the inventor, the Office may require him to submit said authority. (Sec. 13, R.A. No. 165a)
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Patents, Copyright & Trademarks

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Patents, Copyright & Trademarks

Requirements for Filing a Patent 1. Request for the Grant of Patent 2. Description of the Invention (Specification and Claim/s) 3. Drawings necessary for the Invention (if any) 4. Filing Fee In preparing for a Patent Application: Applicant or Inventor First obtain practical ideas as to how specification and claims are drafted by perusal and study of patents previously granted on related invention in the IPP Library or to any IP website.
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Trademark
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.
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Trademarks

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Trademarks

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Benefits in Trademarks
1. It provides notice to everyone that you have exclusive rights to the use of the mark throughout the territorial limits of the country. 2. It entitles you to sue in a court of law for trademark infringement, which can result in recovery of profits, damages and costs. 3. It established incontestable rights regarding the commercial use of the mark. 4. It establishes the right to deposit registration with customs to prevent importation of goods with a similar mark. 5. It entitles you to use the notice of registration 6. It provides a basis for filing trademark application in foreign countries.

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Trademarks

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How to protect your mark?

In the Philippines, 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. The right to a trademark is granted to the one who first files a trademark application with the IP Philippines. It is recommended to search first the Trademark gazette in order to avoid conflict in existing filed applications in order to avoid confusions.
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What may be protected?

Your mark should be able to distinguish your goods or services from those of others. Your mark should also meet the requirements for registrability of marks under Sec. 123.1 of the Intellectual Property Code. Your mark will not be registered if it is: DESCRIPTIVE These are marks that describe the characteristics of the goods or services. Examples are DURABLE for shoes (describes the quality), A LITER for cooking oil (quantity), and so is KITCHEN for cooking utensils (intended purpose).

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What may be protected?

MISLEADING Marks that are likely to deceive or have the tendency to misinform the consumers about the actual characteristics of the goods or services like BOLPENS for pencils, COLA for alcoholic beverages, BULAKAN for sweets not originating from or produced in Bulacan. GENERIC and customary to trade Generic marks are names of products they seek to identify. For instance, KAP KEYK for cupcakes, CAFFE for coffee and MAKINAH for machines.

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What may be protected?

Contrary to Public Order or Morality Marks that are against the common standard of morality. An example is PRO-TERRORISM for clothing. 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. For instance, no one can use the picture of Manny Pacquiao as a trademark unless he is Mr. Pacquiao himself or he was duly authorized by Mr. Pacquiao.

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What may be protected?

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. One classic example is the COKE BOTTLE. 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.
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What may be protected?

Identical with, or confusingly similar to WELLKNOWN MARKS Marks that are identical with or similar to marks that are known internationally and in the Philippines will be refused registration. What are the requirements to apply for registration? 1. A duly filled out trademark application form 2. Drawing of the mark 3. Payment of fees
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Infringement Cases

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Infringement Cases in Trademarks

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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.

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Copyright
WHAT ARE THE WORKS COVERED BY COPYRIGHT PROTECTION UNDER THE INTELLECTUAL PROPERTY CODE? Section 172 of the IP Code lists the works covered by copyright protection from the moment of their creation, namely: (a) Books, pamphlets, articles and other writings (b) Periodicals and newspapers (c) Lectures, sermons, addresses, dissertations prepared for oral delivery, whether or not reduced in writing or other material form (d) Letters
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Copyright
(e) Dramatic or dramaticmusical compositions; choreographic works or entertainment in dumb shows (f) Musical compositions, with or without words (g) Works of drawing, painting, architecture, sculpture, engraving, lithography or other work of art; models or designs for works of art (h) Original ornamental designs or models for articles of manufacture, whether or not registrable as an industrial design, and other works of applied art (i) Illustrations, maps, plans, sketches, charts and threedimensional works relative to geography, topography, architecture or science (j) Drawings or plastic works of a scientific or technical character rowena ginafe p. vargas, mba

Copyright
(k) Photographic works including works produced by a process analogous to photography; lantern slides (l) Audiovisual works and cinematographic works and works produced by a process analogous to cinematography or any process for making audiovisual recordings (m) Pictorial illustrations and advertisements (n) Computer programs (o) Other literary, scholarly, scientific and artistic works.

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 WHAT CONSTITUTES INFRINGEMENT? Under the IP Code 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; or Trade exhibit of the article in public.

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