3. THE LEGAL BASIS
Intellectual Property Code (R.A. 8293)
Creating the Intellectual Property Office of the Philippines
as the government agency charged with the implementation of the
law protecting intellectual property rights in the Philippines.
First-to-File system
6. WHAT IS INTELLECTUAL
PROPERTY?
“Intellectual Property (IP) is the term that
describes the “creations of the mind”:
inventions, literary and artistic works, and
symbols, names, images, and designs that
are intangible when first created, but become
valuable in tangible form as products.”
7. THE LEGAL FRAMEWORK
LAND PROPERTY
a. Valuate
b. Monetize
c. Transfer
d. Exclude others
e. Regulate
f. Take ownership
9. WHAT ARE THESE IP RIGHTS?
Industrial Design
Trade/Service Mark
Layout-design
Copyright & Related
Rights
Utility Model
Invention
10. WHAT IS TRADEMARK/SERVICE
MARK?
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
(Sec. 21.1)
12. WHAT IS COLLECTIVE MARK?
any visible sign capable of distinguishing the
origin, common characteristic, quality of goods or
services of different enterprises under the control
of the registered owner (Sec. 121.2)
13. EXAMPLES OF COLLECTIVE MARK
PROVINCIAL GOVERNMENT OF
PAMPANGA
PROVINCIAL GOVERNMENT OF BATAAN
PROVINCIAL GOVERNMENT OF
ZAMBALES
14. WHAT IS GEOGRAPHICAL
INDICATION?
Identify a good as originating in territory, region or locality,
where given quality, reputation or other characteristic of the
good is essentially attributable to its geographical origin.
17. TERMS OF PROTECTION FOR TM
10 (ten) years from the date of filing and renewable
every 10 (ten) years...and perpetual, and
Declaration of Actual Use (DAU) is required
18. WHAT IS INVENTION?
Any technical solution of a problem in any field of human
activity.
NEW or NOVEL
(Not previously PUBLISHED
OR DISCLOSED in any form,
anywhere in the world)
INVENTIVE STEP
(Not obvious to a person
skilled the art)
PRACTICAL USE
IN THE INDUSTRY
(Real Life Benefit)
19. TERM OF PROTECTION FOR
INVENTION
20 (twenty) years from the date of filing.
20. WHAT IS UTILITY MODEL?
Any technical solution of a problem in any field of human
activity which is new and industrially applicable.
22. WHAT IS INDUSTRIAL DESIGN?
An INDUSTRIAL DESIGN consists of the creation of a
shape, configuration or composition of pattern or color, or
combination of pattern and color in three dimensional form
containing aesthetic value.
An industrial design can be a two- or three-dimensional
pattern used to produce a product, industrial commodity or
handicraft.
29. ACCRUAL RIGHT
Works are protected by the
sole fact of their creation, irrespective of the
mode or form of expression, as well as their
content, quality and purpose.
30. ORIGINAL WORKS
• Books, newspapers
Dear Ms.,
Wish you were here with me in Bohol. The chocolate is sweet, but you’re sweeter. The
sea is calm, but you’re calmer. Most of all, the sun is hot, but you’re hotter.
Love,
Mr.
.
• Love Letters
• Lectures, sermons, addresses
31. ORIGINAL WORKS
• Drawings, paintings, sculptures, works of architecture
• Musical compositions
• Dramatico-musical Compositions
34. ORIGINAL WORKS
• Pictorial Illustrations and
advertisements
34
• Computer programs
• Other literary, scholarly, scientific & artistic
works
35. TERMS OF PROTECTION FOR
COPYRIGHT
original/derivative works
life + 50 yrs after death
joint works
last life + 50 yrs after death
36. WHAT HAPPEN WHEN IP IS NOT
PROTECTED
Krispy Foods
Cebu Arbee’s
Franchise Corporation
Danny Kiamco, et al.
37. SUCCESS STORY
2010: JFC acquired 70% of Mang Insal for Php 3 Billion
2016: JFC acquired the remaining 30% of Mang Inasal for Php 2 Billion
As of February 28, 2017: JFC has now 2, 670 stores: Jollibee 989;
Chowking 489; Greenwich 251; Red Ribbon 396; Mang Inasal 469; and
Burger King 76 in the Philippines.
