Intellectual Property (RA 8293) (copy)

Publish undisclosed information relevant to the industry

The Intellectual Property Office has the following functions, except:

a. Examine applications: patents, utility models, industrial designs, marks, geographic indications, integrated circuits

b. Register technology transfer arrangements & settle disputes involving payments

c. Promote use of patent information

d. Publish undisclosed information relevant to the industry

e. Adjudicate proceedings affecting IPRs

20 years

The term of patent is –

novelty
inventive step
industrially applicable

The following are the three criteria to be patentable

inventive step

It is the criterion in patent that it is not obvious to a person skilled in the art at the time of the filing date or priority date of the application claiming the invention

technical solution to a problem

The following are not patentable, except:

a. technical solution to a problem

b. discovery of a new plant

c. machines that defy laws of nature

d. scientific theories, mathematical methods

e. schemes, rules of methods, playing games

New

Industrially applicable

The following are criteria for the Utility model

industrial design

It is any composition of lines or colors or any three-dimensional form, whether or not associated with lines or colors, provided, that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.

7 years

The term of protection for Utility Model from the date of filing of the application is ____

10 years

The term of protection for a lay-out design of an integrated circuit is –

10 years

The term of protection for trademark is –

Distinctive

Not deceptive

The following are two criteria for trademark

Collective mark

A mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings.

Copyright

It is the legal protection extended to the owner of the rights in an original work.

50 years

The term of protection of copyright is –

Derivative Right

right for alteration of the literary & artistic works, works that are derived from other existing sources.

Moral Right

The right to make any alterations, object to any distortion, restrain the use of his name

Rights of performers
Rights of phonogram performers
Rights of broadcasting organizations

The following are the Related Rights in Copyright

3 years

Infringement of a patent prescribes in __ from the date of the commission of the crime.

4 years

No damages can be recovered for acts of infringement of a patent committed more than __ before the institution of the action for infringement.

Unfair Competition

Act of selling the goods that have been clothed with a general appearance of the goods of another which is likely to deceive the ordinary purchaser exercising ordinary care

Fair use

Statutory fair uses and criticisms, comment, newsreporting, teaching, scholarship, research, decompilation fall under what right in Copyright –

reproduction

transformation

public performance

first public distribution

The following four are Economic Rights

Copyright

This intellectual property is protected from the moment of its creation.

Berne Convention

The oldest law in Copyright Law.

Doctrine of Equivalents

Under this doctrine, infringement of patent occurs when a device appropriates a prior invention by incorporating its innovative concept and albeit with some modifications and change performs the same function in substantially the same way to achieve the same result.

Original works

Under the Intellectual Property Code, lectures, sermons, addresses or dissertations prepared for oral delivery, whether or not reduced in writing or other material forms, are regarded as:

50 years

Copyright shall last during the lifetime of the author and

___ ___ after his death.

20 years

Term of protection of Patent

7 years

Term of protection of Utility model