Patent, Trademark, Copyright & Networking Lecture Notes

Vocabulary flashcards covering patents, trademarks, copyright, networking concepts, founding-team roles, and Business Model Canvas elements from the lecture notes.

Intellectual Property Code of the Philippines (RA 8293)

1997 law that consolidated and modernized Philippine rules on patents, trademarks, and copyright.

Intellectual Property (IP)

Collective term for creations of the mind protected by law, including patents, trademarks, and copyright.

Patent

An exclusive right granted to an inventor to make, use, sell, or import an invention for 20 years.

Trademark

Any recognizable sign, name, or symbol that distinguishes goods or services from others in the market.

Copyright

Legal protection for original literary and artistic works, giving creators economic and moral rights.

IPOPHL

Intellectual Property Office of the Philippines; examines patent applications and registers other IP rights.

Utility Model

IP right for minor inventions with shorter protection than patents, registered by IPOPHL.

Industrial Design

Protection for the aesthetic aspect or appearance of an article.

Integrated Circuit Layout Design

Topography of an integrated circuit that can be registered for protection.

Prior Art

All knowledge made available to the public before a patent filing date.

Inventive Step

Requirement that an invention be non-obvious to a person skilled in the art.

Industrial Applicability

Patentability criterion that an invention can be made or used in any kind of industry.

Computer Software (Sec. 22.2)

Expressly excluded from patent protection; safeguarded instead by copyright.

Plant Variety Protection Act of 2001

Sui generis law that protects new plant varieties instead of patents.

Right to a Patent

Belongs to the inventor, heirs, or assignees; for multiple inventors, to the earliest filer.

Filing Date Priority

Rule giving the patent to the applicant with the earliest filing or priority date when inventions are identical.

IPO Gazette Publication

Official publication after which a patent applicant gains provisional rights and the public may make observations.

Substantive Examination Request

Written request an applicant must file within six months of publication for the patent to be examined.

Conversion of Application

Ability to change a patent filing to a utility model (or vice versa) before grant while retaining the original date.

Appeal Hierarchy (Patents)

Director of Patents → IPO Director General → Court of Appeals → Supreme Court.

Patentee Right – Product

Power to stop others from making, using, selling, offering for sale, or importing the patented product.

Patentee Right – Process

Power to stop unauthorized use of the patented process and products obtained from it.

Patent Term

Twenty (20) years counted from the filing date of the application.

Patent Exhaustion (Sec. 72 #1)

Loss of control once the patented product is first sold in the Philippines by the owner or with consent.

Experimental Use Exception

Patent cannot block private, non-commercial experimentation on the invention.

Pharmacy Preparation Exception

Allowed preparation of patented medicine in a pharmacy for individual cases under a prescription.

Temporary Vehicle Use Exception

Permits use of a patented invention on foreign vessels or vehicles that enter the Philippines temporarily.

Patent Cancellation – Lack of Novelty

Ground to annul a patent because the invention is not new.

Patent Cancellation – Insufficient Disclosure

Ground to cancel if the patent specification is not clear enough for skilled people to work the invention.

Patent Cancellation – Morality

Ground to cancel if the invention is contrary to public order or morals.

Civil Action for Patent Infringement

Lawsuit to recover damages; court may award reasonable royalty up to triple actual damages.

Criminal Action for Patent Infringement

Filed when infringement is repeated after final judgment.

Administrative Patent Complaint

Case filed with IPO–Bureau of Legal Affairs or DTI depending on claim amount.

Government Use of Patent (Sec. 74)

State may exploit a patent without permission for public interest or to remedy anti-competitive conduct.

Patent Claims

Legal boundaries of patent protection, interpreted in light of description and drawings, including equivalents.

Annuity Fee

Annual payment starting four years after publication to keep a patent or application in force.

TM Symbol

Mark used for an unregistered trademark, offering limited common-law protection.

® Symbol

Indicates a trademark is officially registered, granting full statutory protection.

SM Symbol

Denotes an unregistered service mark for services rather than goods.

Trademark Infringement

Unauthorized use of a mark likely to cause confusion about source of goods or services.

Injunction (Trademark)

Court order directing the infringer to stop using the offending mark.

Destruction of Infringing Articles

Remedy ordering disposal or forfeiture of goods bearing infringing marks.

Reasonable Royalty (Trademark)

Monetary relief equal to what the owner would have received in licensing the mark.

Idea–Expression Dichotomy

Copyright protects the expression of ideas, not the ideas themselves.

Derivative Work

New work based on a pre-existing one (e.g., translation, adaptation) that enjoys independent copyright.

Work of the Philippine Government

Not copyright-protected unless prior approval is granted by the agency concerned.

Copyright Deposit

Voluntary filing of copies with the National Library; not required for protection to exist.

Author

Original creator and initial owner of copyright in a work.

Joint Authors

Co-creators who share ownership; governed by co-ownership rules absent agreement.

Employee-Created Work (Outside Duties)

Copyright belongs to employee when creation is outside regular duties, even if employer’s resources used.

Employee-Created Work (Within Duties)

Copyright belongs to employer when created as part of regular employment tasks, unless agreed otherwise.

Commissioned Work

Commissioner co-owns physical work, but copyright remains with creator unless contract says otherwise.

Audiovisual Work Ownership

Shared among producer, scenario writer, composer, director, and adapted-work author, subject to agreed terms.

Letters – Copyright

Writer owns copyright; recipient owns physical letter and cannot publish without writer’s consent.

Waiver or Transfer of Copyright

Author may assign or license rights in whole or part to another person or corporation.

Duration of Copyright – General

Life of the author plus 50 years after death.

Duration – Joint Authorship

Life of the last surviving author plus 50 years.

Duration – Anonymous/Pseudonymous

50 years from first lawful publication, or from creation if unpublished.

Duration – Works of Applied Art

25 years from creation.

Duration – Audiovisual Works

50 years from publication or from creation if unpublished.

Duration – Broadcasts

20 years from the date the broadcast took place.

Economic Rights

Author’s exclusive rights to reproduce, distribute, rent, publicly perform, display, or adapt the work.

Moral Rights

Author’s perpetual rights to attribution, integrity, and control over name association with the work.

Single Publication License

Submitting a work to a newspaper or magazine authorizes only one publication unless agreed otherwise.

Architecture Copyright

Right to control erection of buildings copying the design; no right over reconstruction of same building.

First-Offense Copyright Penalty

Imprisonment of 1–3 years and ₱50,000–₱150,000 fine.

Second-Offense Copyright Penalty

Imprisonment of 3 years 1 day–6 years and ₱150,000–₱500,000 fine.

Third-Offense Copyright Penalty

Imprisonment of 6 years 1 day–9 years and ₱500,000–₱1,500,000 fine.

Networking (Business)

Process of building mutually beneficial relationships with other professionals and customers.

Benefits of Networking – Business Opportunities

Exposure to new customers, partnerships, deals, and expansion prospects.

Benefits – Increased Status

Association with influential people enhances reputation in the industry.

Benefits – Enhanced Knowledge

Access to advice, expertise, and shared experiences from peers.

Benefits – Positive Influences

Relationships with upbeat individuals who motivate growth and success.

Benefits – Growing Confidence

Regular interaction with networks boosts self-assurance, especially for new entrepreneurs.

Benefits – Personal Satisfaction

Reward derived from helping others succeed through mentoring and referrals.

Social Media Networking

Building connections via platforms like LinkedIn, Facebook, Twitter, and WhatsApp.

Business Events Networking

Forming relationships at meetings, seminars, and rotary clubs through face-to-face interaction.

Prima Donna Genius

Founding-team member who supplies deep technical expertise and challenges limits.

Superstar

Indispensable team member who reliably gets tasks done across many areas.

Leader (Founding Team)

Decision-maker and motivator who sets direction without necessarily being CEO.

Industry Veteran

Team member with extensive experience and insight into competitive landscape.

Sales Animal

Fearless communicator responsible for driving sales and market traction.

Financial Suit

Controller who manages financial risks and oversees company finances.

Great Team Trait – Hunger for Knowledge

Continuous learning and willingness to pivot for long-term growth.

Great Team Trait – Admitting Mistakes

Culture of openly acknowledging errors to foster positivity and improvement.

Great Team Trait – Failing is not Defeat

Resilience to try again after setbacks, distinguishing good from great teams.

Great Team Trait – Shared Obsession

Collective passion that unites founders toward startup success.

Key Partners

External entities a business collaborates with to achieve objectives and reduce risk.

Strategic Alliance

Partnership between companies in the same industry to share resources for mutual gain.

Co-opetition

Cooperation between competitors to innovate or lower costs while still competing.

Joint Venture

New entity created by two or more firms to enter markets or share risks.

Buyer-Supplier Relationship

Long-term procurement partnership ensuring stable supply and cost control.

Key Resources

Critical assets a business needs to create, deliver, and capture value.

Physical Resources

Tangible assets such as buildings, machinery, and inventory.

Intellectual Resources

Intangible assets like brands, patents, and proprietary knowledge.

Human Resources

People whose skills, creativity, and experience drive the business.

Financial Resources

Cash, credit, and investment capital supporting operations and growth.

Key Activities

Essential tasks a company must perform to deliver its value proposition.

Production Activities

Actions involved in creating and delivering products or services with quality and consistency.

Problem-Solving Activities

Research and analytical tasks that address customer needs or business issues.