DCIT65 - Lecture 3

Lecture 3: Intellectual Property

Intellectual Property (IP)

• Based on the Universal Declaration of Human Rights and the 1987 Philippine Constitution.

• Refers to creations of the mind—inventions, artistic works, symbols, and designs used in commerce.

• It protects creators’ rights while promoting innovation and public access.

• Encourages innovation and creativity.

• Promotes economic growth, jobs, and better quality of life.

• Ensures fair recognition and reward for creators.

Why Protect IP?

1879

(Jan 10) The Spanish Law on IP, the first known copyright law in the Philippines was approved.

1880

The Spanish Law on IP came into force

1896

The Treaty of Paris was signed between the European country & US to formalize the end of hostilities

1898

300 years of Spanish colonial rule in the PH ended

1913

The PH legislature passed RA No. 2235 making US’ patent laws applicable in the PH

1924

RA No. 3134 entitled “An Act to Protect IP” was passsed

1940s

The PH entered into international conventions

1947

• RA No. 165 - “Act Creating a Patent Office, Prescribing its Power and Duties, Regulating the Issuance of Patents and Appropriating Funds Therefor”

• RA No. 166 - “Act to Provide for the Registration and  Protection of Trade Marks, Trade Names and Service Marks, Defining Unfair Competition and False Marking and Providing Remedies Against the Same, and for other Purposes”

1980

The Convention establishing the World IP Organisation came into force

1987

The PH constitution recognized the importance of intellectual property in Article XIV, Section 13

1995

The PH adhered to the Agreement on Trade-Related Aspects of IP Rights

1997

The IP Code known as RA No. 8293 was signed into law

1998

The IP Code was passed and enforced

Mandate of IPOPHL

Protect and promote IP rights in the Philippines.

Intellectual Property Office of the Philippines

Acronym of IPOPHL

1. Development-Oriented

2. Regulatory

3. Enforcement

4. Adjudicatory

5. Policy-Making

Functions of IPOPHL

Development-Oriented

Function of IPOPHL that promote IP awareness

Regulatory

Function of IPOPHL that grant patents & trademarks

Enforcement

Function of IPOPHL that fight IP violations

Adjudicatory

Function of IPOPHL that settle IP disputes

Policy-Making

Function of IPOPHL that coordinate national IP strategies

IP for inclusive development by 2030.

Vision of IPOPHL

Build an inclusive IP system for Filipinos.

Mission of IPOPHL

1. Patent

2. Utility Model

3. Industrial Design

4. Trademark

5. Copyright

Types of IP

Patent

• Is an exclusive right granted to the owner by government for a period of time in exchange of the full disclosure of their invention

• Protects new inventions (valid for 20 years)

Invention Patent

a government- issued grant, bestowing an exclusive right to an inventor over a product or process that provides any technical solution to a problem in any field of human activity which is new, inventive, and industrially applicable.

Utility Model

• a protection option to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application.

• provides protection of so-called “minor inventions” through a system similar to the patent system

• considered particularly suited for protecting inventions that make small improvements to, and adaptations of, existing products or that have a short commercial life

• protects minor innovations (valid for 7 years)

Registrable Utility Model

• is any technical solution to a problem in any field of human activity which is new and industrially applicable

• may or may not have an inventive step

Industrial Design

• protects artistic/ornamental designs (valid for 5 years, renewable twice)

• the ornamentalvor aesthetic aspect of an article

Trademark

• A word, a group of words, sign, name, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others

• According to RA. 8293, it is any visible sign distinguishing the goods or services of an enterprise.

• Protects brand identity (valid for 10 years,

  renewable)

Copyright

• The legal protection extended to the owner of the rights in an original work that one has created

• May include books and other writings, musical works, films, paintings and other works, and computer programs

• Protects literary and artistic works (life of author + 50 years)

Original work

refers to every production in the literary, scientific and artistic domain

Copyright laws

grant authors, artists and other creators automatic protection for their literary and artistic creations, from the moment they create it.

Intellectual Property

empowers creativity, drives innovation, and strengthens the economy protecting both creators and the public good.