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Basics of Intellectual Property (IP) by Caezar AE Arceo
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Training on Intellectual Property Rights, Biotech-IPR Training Center,

Training on Intellectual Property Rights, Biotech-IPR Training Center,
Philippine Rice Research Institute, Science City of Muñoz, Nueva Ecija, Philippines, 24-25 November 2005

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  • RA 8293 was promulgated in response to the GATT-WTO-TRIPS Agreement. Intellectual Property Code of the Philippines. It was enacted and signed into law in 1997 and took effect on January 1, 1998.
  • RA 8293 was promulgated in response to the GATT-WTO-TRIPS Agreement. Intellectual Property Code of the Philippines. It was enacted and signed into law in 1997 and took effect on January 1, 1998.
  • Promulgated in response to the UPOV
  • Intellectual property refers to any product of the human mind and may be expressed in the form of original ideas, expressions, and processes. It has also been defined as “those property rights which result from the physical manifestation of original thought”.
  • We must respect it… when a certain thing or idea is tagged as secret, we will pretend that we know nothing about it.

Basics of Intellectual Property (IP) by Caezar AE Arceo Presentation Transcript

  • 1. Training on Intellectual Property RightsBiotech-IPR Training CenterPhilippine Rice Research Institute24-25 November 2005
  • 2. To protect, or not to protect? The Basics of IPs Caezar Angelito E. Arceo Executive Assistant IIIOffice of the Deputy Executive Director for Administration Philippine Rice Research Institute Telefax number: +63 45 456 0441 Mobile numbers: +63 920 901 4552; +63 918 518 5555 Emails: cae_arceo@philrice.gov.ph, cuagoo@yahoo.com
  • 3. Ideas… Ideas… Ideas…To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 4. Question No. 1Do we really need to protect our intellectual property?
  • 5. The rush for creditsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 6. The rush for creditsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 7. The rush for credits Teodula Afrika’s nata de coco no protection sought; now other countries with patent THEN NOWTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 8. The rush for credits IRRI-PhilRice’s Leaf color chartTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 9. The rush for credits IRRI-PhilRice’s Leaf color chart University of California at USPTO THEN NOWTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 10. The rush for credits PhilRice’s rice attempted by a private company to wine label register the label at IPO THEN NOWTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 11. The rush for credits PHILRICE COPYCATTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 12. The promises of IP ownership  Exclusive rights  Strong market position  Higher return on investment  Opportunity to license or sell the IP  Increase in negotiating power  Positive image for your enterpriseTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 13. The promises of IP ownership  Better quality of people’s life  Protection from inferior quality of product  Has inputs and standards to industry on what products to produce and services to provideTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 14. Question No. 2Why IP protection should be ensured?
  • 15. International treaties Patent Cooperation Treaty (since 2001) Convention on Biological Diversity (since 1995) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (since 1995) Rome Convention on Performers, Phonograms and Broadcasting Organizations (since 1984) Budapest Treaty on Deposit of Microorganisms (since 1981) Convention Establishing the World Intellectual Property Organization (since 1980) Paris Convention on Industrial Property (since 1965) Berne Convention on Literary and Artistic Works (since 1951) International Union for the Protection of New Varieties of Plants (UPOV) Cartagena Protocol on Biosafety International Undertaking for Food and AgricultureTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 16. Philippine laws “The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law.” - Article XIV, Section 13 of the 1987 ConstitutionTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 17. Philippine laws RA 165 (old Patent Law) Intellectual RA 166 (old Trademark Law) Property Code PD 49 (old Copyright Law) (RA 8293) THEN NOWTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 18. Philippine laws “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. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.” - Section 2 of Republic Act No. 8293To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 19. Philippine laws “The state recognizes that an effective intellectual property system in general and the development of new plant variety in particular is vital in attaining food security for the country. To this end, it shall protect and secure the exclusive rights of breeders with respect to their new plant variety particularly when beneficial to the people for such period as provided for this Act.” - Section 2(a) of Republic Act No. 9168, or the Plant Variety Protection Act of 2002.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 20. Philippine laws “(T)o give priority to invention and its utilization on the country’s productive systems and national life… and provide incentives to inventors, and protect their exclusive rights to their invention, particularly when the invention is beneficial to the people and contributes to national development and progress…” - Section 2 of the RA 7459, or the Inventor and Invention Incentives ActTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 21. Question No. 3What are IPs?
  • 22. Species of properties PERSONAL REAL INTELLECTUALTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 23. Intellectual properties defined… Any creation or product of the human mind; May be expressed in the form of original ideas, expressions, and processes.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 24. Forms of IPs Copyright and Related Rights; Trademarks and Service Marks; Geographic Indications; Industrial Designs; Patents; Layout-Designs (Topographies) of Integrated Circuits; and Protection of Undisclosed Information (n,TRIPS). - Subsection 4.1. of RA 8293 (IP Code)To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 25. Copyrights Protection extended to expressions of ideas. Expression in the form of literary, scholarly, scientific, and artistic creations. Literary and derivative worksTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 26. CopyrightsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo ©
  • 27. Trade and service marks Any visible sign capable of distinguishing the goods or services of an enterprise It establishes the goodwill of an enterprise by denoting the quality of its goods and services Shall include a stamped or marked container of goodTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 28. Trade and service marksTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 29. Geographical indications A notice stating that a given product originates in a given geographical area A given quality, reputation, or other characteristics of the good are essentially attributable to its geographical originTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 30. Geographical indicationsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 31. Industrial designs Any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors; Gives special appearance to and can serve as pattern for an industrial product or handicraft.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 32. Patents Product or process, improvement, or any for the foregoing in any field of human activity A solution to any technical solution of a problem New, inventive, and is industrially applicableTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 33. Utility models A useful machine An implement or tool A product or compositionTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 34. Layout design of Integrated Circuits (IC) Three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and some of or all of the interconnections of an IC, Three-dimensional disposition prepared for an IC for intended for manufactureTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 35. Layout design of Integrated Circuits (IC)To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 36. Undisclosed information Natural and legal persons shall have the possibility of preventing information lawfully within their control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 37. Undisclosed information Conditions: It is secret in the sense that it is not as a body or in precise configuration and assembly of its components, generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question; It has commercial value because it is secret; and It has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 38. Plant variety protection A sui generis system that gives rights to breeders over the propagating, and to some extent harvested, materials of varieties they bred or discovered and developed Plant varieties that are: New Distinct Uniform StableTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 39. Comparison of different IPRs Form of IP Period of Protection Plant Variety Protection (PVP) 25 years Copyright Lifetime and 50 years beyond lifetime Trademark/ Service Mark 10 years Patents 20 years Industrial Design Five (5) years from the filling date of the application; may be renewed for not more than two (2) consecutive five (5) years each Utility Model 7 years Integrated Circuit 10 years Trade Secret / Geographic Unlimited indications Plant varieties 25 years for trees and vines; 20 years for all other plantsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 40. Limitations of IPs For copyright: idea, procedure, system method of operation, works of the government, news of the day, official text of legislative, administrative or legal nature, etc.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 41. Limitations of IPs For copyright:To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 42. Limitations of IPs Non-patentable inventions: Discoveries, scientific theories, and mathematical concepts; Schemes, rules, and methods of performing mental acts, playing games, or doing business, and programs for computers;To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 43. Limitations of IPs Non-patentable inventions:To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 44. Limitations of IPs Non-patentable inventions:To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 45. Limitations of IPs Non-patentable inventions:To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 46. Limitations of IPs Non-patentable inventions: Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods; Plant varieties or animals breeds or essentially biological processes;To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 47. Limitations of IPs Non-patentable inventions: Aesthetic creations; Anything which is contrary to public order or morality.To protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 48. Question No. 4What are the benefits from protecting our IPs?
  • 49. Advantages of protecting IP Direct the use of the intellectual property Reserve the right for future government protection Ensure proper distribution of the intellectual property Potential financial gain Recognition of efforts of innovators Gain prestige for the institution Benefiting societyTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 50. Business powers of IPR Establishment of contractual arrangements Selling of the intellectual property and/or intellectual property rights Licensing of the intellectual property and/or intellectual property rights rights Giving away the intellectual property and/or intellectual property rightsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 51. Purposes of the IP System To enable the inventor to recoup the cost of the invention To serve as an incentive for future research & development To facilitate transfer of technology or licensing To encourage inventors to disclose their inventionsTo protect, or not to protect? The basics of IP© 2005 Caezar AE. Arceo
  • 52. Question No. 5To protect, or not to protect?
  • 53. Copyright © 2005Caezar AE. ArceoAll Rights ReservedAcknowledgments Atty. Ronilo A. Beronio, ODEDA / IPMO Ms. Jane Garcia-Payumo, ODEDA / IPMO Charizzma Love Gado, PhilRice DevComm Ms. Elaine T. Joshi, PhilRice Library Ms. Fely Reina V. Manaois, ODEDA / IPMO Ms. Frances Aura Michelle V. Sapitan, ODEDA / IPMO Ms. Mia Mendoza, Records Office Websites of the Philippine government, Supreme Court, various martial arts organizations, and others.Thank you!!!Please enjoy yourstay at PhilRice.
  • 54. To protect, or not to protect? The Basics of IPs Caezar Angelito E. Arceo Executive Assistant IIIOffice of the Deputy Executive Director for Administration Philippine Rice Research Institute Telefax number: +63 45 456 0441 Mobile numbers: +63 920 901 4552; +63 918 518 5555 Emails: cae_arceo@philrice.gov.ph, cuagoo@yahoo.com