Intellectual Property Rights Overview

1. Overview on
Intellectual Property Rights

2. Any product
of the
human
mind
Intellectual Property

3. “The State shall
exclusive rights
protect and
of scientists,
secure the
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.”
Sec. 3, Art. XIV, Philippine Constitution
Basis in fundamental law

4. Republic Act No. 8293
An Act Prescribing the
Intellectual Property Code
and Establishing the
Intellectual Property Office,
Providing for its Powers and Functions,
and for Other Purposes
Effective 01 January 1998
Governing Law

5. R.A. No. 9150 – Providing protection for layout
designs of integrated circuits (2001)
R.A. 9502 – Providing for cheaper and quality
medicines (2008)
R.A. 10372 – Amending certain provisions of
the IP Code (2013)
Subsequent amendments

6. • Industrial property
rights
– Trademark
– Patent
– Utility model
– Industrial design
– Geographical indication
– Layout design of integrated
ciircuits
– Undisclosed information
• Copyright and related
rights
Categories of IP Rights

7. 0
INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

8. • 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.121.1
• Term: ten (10) years, renewable for periods of 10
years.
Trademark

9. The owner of a registered mark shall have the exclusive
right to prevent all third parties not having the owner's
consent from using in the course of trade identical or
similar signs or containers for goods or services which
are identical or similar to those in respect of which the
trademark is registered where such use would result in
a likelihood of confusion. In case of the use of an
identical sign for identical goods or services, a
likelihood of confusion shall be presumed.
Sec. 147
Rights granted

10. INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

11. Patentable invention: Any technical solution of a
problem in any field of human activity which is new,
involves an inventive step and is industrially
applicable. It may be, or may relate to, a product, or
process, or an improvement of any of the foregoing.
Sec. 21
Term: twenty (20) years from the filing date of the
application.
Sec. 54
Patent

12. ▪ For a product: to restrain, prohibit and prevent any
unauthorized person or entity from making, using, offering
for sale, selling or importing.
▪ For a process: to restrain, prevent or prohibit any
unauthorized person or entity from using the process, and
from manufacturing, dealing in, using, selling or offering for
sale, or importing any product obtained directly or indirectly
from such process.
▪ The right to assign, or transfer by succession the patent,
and to conclude licensing contracts for the same. (Sec. 71)
Rights granted

13. If two (2) or more persons have made the invention
separately and independently of each other, the right to
the patent shall belong to the person who filed an
application for such invention, or where two or more
applications are filed for the same invention, to the
applicant who has the earliest filing date or, the earliest
priority date.
Sec. 29
First to File Rule

14. INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

15. • An invention qualifies for registration as a utility
model if it is new and industrially applicable.
Section 21 shall apply except the reference to
inventive step as a condition of protection.
Sec. 109.1
• Term: seven (7) years after the date of the filing,
without any possibility of renewal
Sec. 109.3
Utility Model

16. INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

17. • Any composition of lines or colors or any three-
dimensional form, whether or not associated with lines or
colors; Provided, That such composition or form gives a
special appearance to and can serve as pattern for an
industrial product or handicraft.
Sec. 112
• Term: five (5) years from filing date of the application, and
may be renewed for not more than two (2) consecutive
periods of 5 years each.
Sec. 118
Industrial Design

18. INTELLECT
OFFICE OF P
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LIP
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19. • A sign used on products that have a
specific geographical origin and possess
qualities or a reputation that are due to
that origin.
http://www.wipo.int/geo_indication
s/en/
Geographical Indication

20. Collective Mark – any visible sign designated as
such in the application for registration and
capable of distinguishing the origin or any other
common characteristic, including the quality of
goods or services of different enterprises which
use the sign under the control of the registered
owner of the collective mark.
GI protectible as Collective Mark

21. INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

22. • The three-dimensional disposition, however
expressed, of the elements, at least one of
which is an active element, and of some or all
of the interconnections of an integrated
circuit, or such three-dimensional disposition
prepared for an integrated circuit intended for
manufacture.
Sec. 112.3, as amended by Sec. 1, R.A. 9150
Layout Design of Integrated Circuits

23. INTELLECTUAL PROPERTY
OFFICE OF THE PHILIPPINES

24. • Any confidential business information
which provides an enterprise a
competitive edge and is kept secret.
http://www.wipo.int/patents/en/topics/trade_secrets.html
Undisclosed Information (Trade Secrets)

25. • confidential information
• has commercial value
• subjected to reasonable steps to keep it secret
• no formal registration procedure required
Trade Secrets, per IPOPHL IRR

26. Tungo sa malikhain
at makabagong
Pilipinas
Intellectual Property
Center 28 Upper
McKinley Road McKinley
Hills Town Center Fort
Bonifacio, Taguig City
1643 PHILIPPINES
www.ipophil.gov.ph
mail@ipophil.gov.p
h
@IPOP
HL
Maraming
salamat!