intellectual property 2

8/3/2019 Intellectual Property 2

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IPwhich includes patents, trademarks,copyrights and trade secrets- representsimportant assets to the entrepreneur andshould e understood even before engaging theservices of an attorney.

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Intellectual Property


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A patent has a term of protection of twenty (20)years providing an inventor significant commercialgain.

In return, the patent owner must share the fulldescription of the invention. This information ismade available to the public in the form of theIntellectual Property Official Gazette and can be

utilized as basis for future research and will in turnpromote innovation and development.


Patents, Copyright & Trademarks


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Statutory Classes of Invention A useful machine A product or composition

A method or process, or A n improvementof any of the foregoing process

Microorganism

Non-biological & microbiological process




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N on-Patentable Inventions

DiscoveryScientific theoryMathematical methodsScheme, rule and method of performing

mental act




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REQU IREMEN T FOR PATEN TABILITY

NOVELTY the quality of being new & original INVENTIVE STEP-shows creativity INDUSTRIA L A PPLICAB ILITY useful in the

industry




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WH O M AY APPLY FOR A PAT EN T?

Natural personJuridical person

a body of persons, a corporation, apartnership, or other legal entity recognized by

law




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K INDS OF PAT EN TS:

1. U tility Patents

grants the owner protection from anyone else making,using, and/or selling the identified invention andgenerally reflects protection of new, useful, andunobvious processes such as film developing, machinessuch as photocopiers, compositions of matter such aschemical compound or mixtures of ingredients andarticles of manufacturer such as toothpaste pump.

e.g. Monobloc chair,stool, herbal coffee etc.




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K INDS OF PAT EN TS:2. Design Patentscovering new, original, ornamental and unbovious

designs for articles of manufacturer, a design patentreflects the appearance of an object.

e.g. Emulsifiers, rimless eye glassesThese patents are granted with a 14-yr term and like the

utility patent, provides an inventor with a negative rightexcluding others from making, using or selling an articlehaving the ornamental appearance given in drawingsincluded in the patent.




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PATEN T APPLICATION3 2.1. The patent application shall be in Filipino or English and

shall contain the following: (a) A request for the grant of apatent;

(b) A description of the invention;(c) Drawings necessary for the understanding of the invention;(d) One or more claims; and(e) A n abstract.

3 2.2. No patent may be granted unless the application identifiesthe inventor. If the applicant is not the inventor, the Officemay require him to submit said authority. (Sec. 1 3 , R.A . No.165a)




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Requirements for Filing a Patent

1. Request for the Grant of Patent2. Description of the Invention (Specification and

Claim/s)3 . Drawings necessary for the Invention (if any)4. Filing Fee

In preparing for a Patent Application :

A pplicant or Inventor

First obtain practical ideas as to how specificationand claims are drafted by perusal and study of patentspreviously granted on related invention in the IPP Library or toany IP website.




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A trademark is a tool used that differentiatesgoods and services from each other. It is a veryimportant marketing tool that makes the publicidentify goods and services.

A trademark can be one word, a group of words, sign, symbol, logo, or a combination of any of these.

Generally, a trademark refers to bothtrademark and service mark, although a servicemark is used to identify those marks used forservices only.


Trademark


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Trademarks


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Trademarks


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1. It provides notice to everyone that you have exclusive rights

to the use of the mark throughout the territorial limits of thecountry.2. It entitles you to sue in a court of law for trademark

infringement, which can result in recovery of profits,damages and costs.

3 . It established incontestable rights regarding the commercialuse of the mark.4. It establishes the right to deposit registration with customs

to prevent importation of goods with a similar mark.5. It entitles you to use the notice of registration6. It provides a basis for filing trademark application in foreign

countries.


Benefits in Trademarks


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Trademarks


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In the Philippines, a trademark can be protectedthrough registration . Registration gives thetrademark owner the exclusive right to use the markand to prevent others from using the same or similarmarks on identical or related goods and services.

The right to a trademark is granted to the onewho first files a trademark application with the IPPhilippines.

It is recommended to search first the Trademarkgazette in order to avoid conflict in existing filedapplications in order to avoid confusions.


H ow to protect your mark?


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Your mark should be able to distinguish your goodsor services from those of others. Your mark should alsomeet the requirements for registrability of marks underSec. 12 3 .1 of the Intellectual Property Code.

Your mark will not be registered if it is:DES CRIPTIVE

These are marks that describe the characteristics of the goods or services. Examples are DUR AB LE for shoes(describes the quality), A LITER for cooking oil(quantity), and so is KITCHEN for cooking utensils(intended purpose).


W hat may be protected?


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M ISLEAD INGMarks that are likely to deceive or have thetendency to misinform the consumers about theactual characteristics of the goods or services like

B OLPENS for pencils, COLA for alcoholicbeverages, B ULA KA N for sweets not originatingfrom or produced in B ulacan.GENER IC and customary to trade

Generic marks are names of products they seekto identify. For instance, K A P KEYK for cupcakes,

CA FFE for coffee and M A KINA H for machines.




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Contrary to Public Order or M oralityMarks that are against the common standard of

morality. A n example is PRO-TERRORISM for clothing.

CONS ISTS OF N AMES , PO RTRAITS OF PERS ONS , M APS,

FLAGS AND OTH ER POLITICALSYM BOLSMarks that contain names or portraits of living

individuals may be rejected unless the individual giveswritten consent. For instance, no one can use the pictureof Manny Pacquiao as a trademark unless he is Mr.Pacquiao himself or he was duly authorized by Mr.Pacquiao.




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SH APE AND COLORShapes must be distinctive from the usual shape of goods

or containers of the goods, in order to be considered atrademark. One classic example is the COKE B OTTLE.

Color alone is not accepted unless it is defined by a givenform.

M ARKS TH AT M AY CAUSE CON FUS IONYour mark cannot be registered if it is identical with or

similar to a registered mark or a mark with earlier filing datefor goods and services that are exactly the same or for goodsand services that are related. Consumers should not confuseyour mark with the marks of others .




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Identical with, or confusingly similar to W ELL-KN OW N M ARKS

Marks that are identical with or similar to marks that

are known internationally and in the Philippines willbe refused registration.What are the requirements to apply forregistration?

1. A duly filled out trademark application form2. Drawing of the mark3 . Payment of fees




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Infringement Cases


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Infringement Cases in Trademarks


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Copyright is the legal protection extendedto the owner of the rights in an original work.

Original work refers to every production

in the literary, scientific and artistic domain.A mong the literary and artistic worksenumerated in the IP Code includes books andother writings, musical works, films, paintingsand other works, and computer programs.


Copyright


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WH AT ARE TH E W ORKS COVERED BY COPYRIGH TPROTECTION UNDER TH E IN TELLECTUAL PROPERTYCODE ?

Section 172 of the IP Code lists the workscovered by copyright protection from the moment of their creation, namely:

(a) B ooks, pamphlets, articles and other writings(b) Periodicals and newspapers

(c) Lectures, sermons, addresses, dissertationsprepared for oral delivery, whether or not reduced inwriting or other material form

(d) Letters


Copyright


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(e) Dramatic or dramatic-musical compositions;choreographic worksor entertainment in dumbshows

(f) Musical compositions, withor without words

(g) Works of drawing,painting, architecture,

sculpture, engraving,lithography or other workof art; models or designsfor works of art


Copyright

(h) Original ornamentaldesigns or models forarticles of manufacture,whether or not registrableas an industrial design, andother works of applied art

(i) Illustrations, maps, plans,sketches, charts and three-dimensional works relative

to geography, topography,architecture or science

(j) Drawings or plastic worksof a scientific or technicalcharacter


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(k) Photographic worksincluding works producedby a process analogous tophotography; lantern slides

(l) A udiovisual works andcinematographic works andworks produced by aprocess analogous tocinematography or any

process for making audio-visual recordings

(m) Pictorial illustrations andadvertisements


Copyright

(n) Computer programs(o) Other literary, scholarly,

scientific and artistic works.


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WH AT CONS TITU TES IN FRINGEMEN T?Under the IP Code

Copyright infringement consists in infringing any right secured orprotected under the Code. It may also consist in aiding or abettingsuch infringement. The law also provides for the liability of a personwho at the time when copyright subsists in a work has in hispossession an article which he knows, or ought to know, to be aninfringing copy of the work for the purpose of:

Selling or letting for hire, or by way of trade offering or exposingfor sale or hire, the article;Distributing the article for the purpose of trade, or for any otherpurpose to an extent that will prejudice the rights of thecopyright owner in the work; or

Trade exhibit of the article in public.


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