2. OBJECTIVES
1.Explain what is Intellectual Property.
2.Discuss the different Intellectual
property rights.
3.Identify the different key intellectual
property issues.
3. Introduction
Intellectual Property rights is a term used
for various legal entitlements which attach
to certain types of information, ideas or
other intangible in their expressed form.
The term intellectual property reflects the
idea that this subject matter is the
product of the mind or the intellect and
the intellectual property rights may be
protected at law in the same way as any
other form of property.
4. WHAT IS INTELLECTUAL PROPERTY?
- is a term used to describe works of the
mind – such as art, books, films,
formulas, inventions, music, and
processes – that are distinct, and owned
or created by a single person or group.
Intellectual property is protected
through copyright, patent, and trade
secret laws.
- a property that arises from the human
intellect. It is a product of human
creation.
5. Republic Act No. 8293, otherwise
known as the Intellectual Property
Code of the Philippines, is an act
prescribing the intellectual property
code and establishing the
intellectual property office,
providing for its powers and
functions, and for other purposes.
6. The Intellectual Property Code of the Philippines is
divided into five [5] parts, to wit:
1. The Intellectual Property Office
2. The Law of Patent
3. The Law on Trademarks, Service Marks and Trade
Names
4. The Law on Copyright
5. Final Provisions
Parts of the law
7. Intellectual Property rights as a collective
term includes the following independent
IP rights:
Patents
Copyrights
Trademarks
Registered (Industrial) design
Geographical indications
Protection of undisclosed information
8. Patents
– An exclusive right granted by a country to the
owner of an invention to make , use,
manufacture and market the invention.
- The patent right is territorial in nature.
- Patents provide incentive to individuals by
recognizing their creativity and these incentives
encourage innovation.
9. Copyright
– is a legal concept, enacted by most
governments, that grants the creator of an
original work exclusive rights to its use and
distribution.
- A right which is available for creating an
original literary or dramatic or musical or
artistic work.
- Protection for the expression of an idea and
not for the idea itself.
10. Continuation…
– the owner may assign to any person the
copyright.
- Giving owner, incentives in the form of
recognition and fair economic reward
increases their activity.
- The work is open for public inspection once
the copyright is registered.
- A provision of ‘fair use’, which allows
copyrighted work to be used for teaching and
research and development.
11.
12.
13. – is a violation of the rights secured by
the owner of a copyright. Infringement
occurs when someone copies a
substantial and material part of another’s
copyrighted work without permission.
Copyright infringement
14. Trademark
– a distinctive sign that provides to the owner of
the mark by ensuring the exclusive right to use
it to identify goods or services.
-well-known, Associated trademarks, service
marks, certification trademarks, collective
marks.
- To register a trademark: appropriate national
or regional trademark office. WIPO (World
Intellectual Property Organization) administers
an international registration system for
trademarks.
15. Industrial Designs
– The ornamental or aesthetic aspects of an
article which may consists of 3D or 2D features,
such as shape or surface, patterns, lines or
color.
- It makes an article attractive and appealing;
hence, they add to the commercial value of a
product and increase its marketability.
- Any technical features of the article not
protected by it.
16. – Applicants can file a single international
application either with WIPO or the
national or regional office of a country to
the treaty.
- The design should be new or original,
not previously published or used in any
country before registration.
- Total term of a registered design is 10
years + 5 years extended period.
17. Geographical Indication
– A sign used on goods that have a
specific geographical origin and possess
qualities or a reputation due to that place
of origin.
-Registration of a GI: 10 years &
renewable.
18. Protection of undisclosed information
–This Law shall govern the protection of
undisclosed information, which represents a
commercial secret, as a specific intellectual
property right.
- Any person, whether domestic or foreign,
natural or legal, shall be entitled to the
protection of undisclosed information under this
Law.
20. - is the act of stealing someone’s ideas or
words and passing them off as one’s own.
The explosion of electronic content and
the growth of the Web have made it easy
to cut and paste paragraphs into term
papers and other documents without
proper citation or quotation marks.
Plagiarism
31. - any program which source code
is made available for use or
modification, as users and
developers see it.
Open Source Code
32. -is legally obtained information that
is gathered to help a company gain
an advantage over its rivals.
Competitive intelligence is not the
same as industrial espionage,
which employs illegal means to
obtain business information not
available to the general public.
Competitive Intelligence
