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IPO for ARKI Presentation with Discussions of Copyright and Trademark.pptx
- 1. Intellectual Property Rightsand Related Conflicts Anthony S. Tolentino, MS-ECE, RECE IP Center Manager Don Honorio Ventura State University
- 2. OVERVIEW • KMIO • IP •Trademarks • Copyrights • Patents • Utility Models • Trade Secrets • Plagiarism • AI in the Research Field
- 3. What is KMIO? •KMIO stands for Knowledge Management and Innovation Office • The KMIO is a community resource, open to all DHVSU researchers (students, faculty and employees alike) with the possibility to welcome in also various industry partners, external research projects and educational initiatives that are beneficial to the community and society. It help clients/customers to generate ground- breaking solutions in a CREATIVE and INNOVATIVE way.
- 4. What is KMIO? •The ecosystem is a collaboration between the University, industries and government agencies towards sustainable social and economic development of the community.
- 5. What is KMIO? STRUCTURE KNOWLEDGE/ TECHNOLOGY INCUBATION KNOWLEDGE / TECHNOLOGY UTILIZATION
- 6. REG. PHIL. PAT.OFF.
- 7. What is IntellectualProperty? • A category of property that includes intangible creations of the human intellect • Becomes valuable when it becomes tangible • Exclusive, Territorial, and Time-limited • We all have it, but are we aware?
- 8. Why Protect IntellectualProperty? • It’s only fair • It encourages the owner to create more intellectual property • It protects the value of the Intellectual Property
- 9. Register your IPRASAP • Provides legal protection • Adds value to your Intellectual Property • Allows safer commercialization
- 10. Patent – IndustrialDesign Programs/Software – Copyright Logo – Trademark Can you spot IPR here?
- 11. What Can beProtected? - Trademarks - Copyrights - Inventions / Patents
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- 13. What is aTrademark?
- 14. Business Name vsTrademark official name under which a n entity does business Must be 3 letters or more Can only be used for Services Scope Limitations Protected as business assets (Franchising / Licensing / Selling) word, symbols, logos and slogans. Can be used for Services and Products Automatic National Protection
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- 18. Types of Trademarks •Word Mark • Figurative with Words Mark • Figurative Mark • 3D Mark McDonalds
- 19. FUNCTIONS OF A TRADEMARK •Identifier • Differentiator • Quality indicator • Advertising device
- 20. Identifier FOOD COFFEE LAUNDRYDETERGENT
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- 24. Back to MANGINASAL trademark Market Value ?
- 25. • Jollibee acquiredthe 70% stake of Mang Inasal, Philippines Inc. for P3 Billion from Injap Investments Inc.
- 27. Marks that cannotbe registered? immoral and scandalous
- 28. flags, coat ofarms and other emblems
- 29. Names Portraits orSignatures
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- 31. Customary or Usualin Trade For Barbershop or Salon
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- 33. fanciful • wholly inventedwords that have no meaning at all apart from their function as source indicators for their owners
- 34. arbitrary • dictionary wordsthat have real-world meaning, but whose meaning has nothing to do with the product or service with which they are used.
- 35. suggestive • named aftera characteristic of the product or service
- 36. Descriptive Marks LATUNDAN for bananas •Merely Descriptive if it describes the goods & services in terms of its, • Purpose • Characteristics • Quality • Use/users • Ingredient • Function • Feature
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- 39. WHAT IS COPYRIGHT? •Copyright is the legal protection for original works of authorship fixed in a tangible medium of expression. • Only the expression of an idea is protected by copyright, not the idea itself. • Protects Your Literary and Artistic Expressions
- 40. How is copyrightacquired? A work is already copyright protected the moment it is fixed. No need to “register” with Intellectual Property Office A work is protected in countries that is ratified in the Berne Convention treaty. More than 170 countries have ratified this treaty
- 41. Advantage of aCertificate • Proof of Ownership • Adds value to the work • Protection and Security
- 42. What are protectedby copyright? Original Literary & Artistic Works Books & other writings; Periodicals; Lectures, addresses; Letters; Dramatico-musical comp; Musical compositions; Drawing, painting, architecture, sculpture; Ornamental designs, applied art;
- 43. Illustrations, maps; Drawings or plastic work; Photographs; Audiovisual works; Illustrations & ads; Computer programs; Other literary, scholarly, scientific, artistic works. Sec. 172.1
- 44. Derivative work • isa work based on or derived from one or more already existing works.
- 45. Derivative works mayinclude: - Dramatizations; - Translations; - Adaptations; - Abridgments; - Arrangements; - Other alteration of literary music work; - Collection of literary, scholarly or artistic works; - And Compilation of data and other materials which are original by reason of the selection or coordination or arrangement of their contents
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- 49. Who owns thecopyright? Literary & artistic woks Works of joint authorship Joint works, separable parts Author Co-authors @ part’s author Work not part of regular duties Work part of regular duties Commissioned work Employee Employer Creator Audio-visual works Letters Producer, director, etc. Writer
- 50. • FAIR USE:for purposes of criticism, comment, news, teaching, research, decompilation ✓ Factors: ▪ purpose & character of the use ▪ nature of the copyrighted work ▪ amount & substantiality ▪ effect upon potential market or value WHEN IS THERE’S NO VIOLATION
- 52. Requirements: Registration Length isLifetime Plus 50 years. • Digital Copies of Original Work • COPYRIGHT REGISTRATION AND DEPOSIT FORM • Photocopy of the registrants Government issued ID • Fee of 560 copyright_registration@ipophil.gov.ph. Form can be downloaded at https://www.ipophil.gov.ph/deposit/
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- 55. PATENT • A government-issuedgrant bestowing an exclusive right to an inventor over a product or process any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable.
- 60. Introduction to PATENTS •Inventions • Utility Model • Industrial Design
- 61. Inventions • A TechnicalSolution to a Problem • It must be NEW or Novel • It must involve an INVENTIVE STEP • 20 Years Protection
- 62. Novelty • An inventionis not new and therefore not patentable if it was known to the public before the filing date of the patent application, or before its date of priority if the applicant claims priority of an earlier patent application.
- 63. What is InventiveStep it is not obvious to a person skilled in the art. A person skilled in the art is someone aware of common general knowledge in specific art
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- 66. Patent innovative ideas andinventions THAT significantly increase profit margins
- 67. Invention SMALL ENTITY (ASSET: P100Mor LESS) Filing Fee (five claims or less) + Publication fee Php2940.00 +Php180 / additional claim *Filing Fees are inclusive of 1% Legal Research Fund (LRF)
- 68. Utility Model • TECHNICALSOLUTION • NEW • INVOLVES AN INVENTIVE STEP* • 7 Years Protection
- 71. Industrial Design • Improvementof the ornamental design of an existing invention. • 5 Years Protection, renewable (2 times)
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- 78. Patent Draft 1.Specification anddescription of the patent: • a. The Title b. A brief statement of its nature and purposes c. Brief explanation of the drawings, if any d. Complete and detailed enabling description e. Distinct and explicit claim or claims which the applicant seeks to be protected f. Abstract of the invention • 2. Drawings of the invention
- 79. Patent Draft Format •Paper Size – a4 • Margins – 1.5” (left), 1” (right, top, bottom) • Spacing – 1.5” • Font Size – 12 • Font Type – Arial / Times New Roman • Line Numbers – by 5’s • Page Number – at the center
- 80. Patent Search • Viathe IPOPHIL website • Google Patent
- 81. Considerations for protectionof invention Trade Secrets
- 82. Trade Secrets • Confidential,and crucial for your business • Not registrable with IP Offices • Will still be protected under a court of law, if you can prove that the information’s secrecy is vital to its value. • Protection will only endure as long as they remain secret
- 83. Trade Secrets • BusinessInformation • Strategic Information • Technical Information • Financial Information
- 84. How to ProtectTrade Secrets
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- 87. Plagiaris m - “Presenting workor ideas from another source as your own, with or without consent of the original author, by incorporating it into your work without full acknowledgement” *meaning came from University of Oxford
- 89. Some Famous Casesin the Philippines Senator Vicente “Tito” Sotto
- 90. Some Famous Casesin the Philippines
- 91. Some Famous Casesin the Philippines SC Justice Mariano del Castillo
- 92. Some Famous Casesin the Philippines Manny V. Pangilinan
- 93. Some Famous Casesin the Philippines
- 94. Artificial Intelligence is amachine's ability to perform the cognitive functions we associate with human minds, such as perceiving, reasoning, learning, interacting with an environment, problem solving, and even exercising creativity.
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