INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES

Republic Act (R.A.) No. 8293

Intellectual Property Code of the Philippines is what RA

1997, took effect in 1998

What year was the IP code signed into law?

INTELLECTUAL PROPERTY OFFICE (IPO)

A government agency under DTI responsible for administration and implementation of IP laws

seven (7)

The IPO shall be divided into __________ Bureaus

The Office shall be headed by a Director General who shall be assisted by two (2) Deputies Director General.

The Office shall be headed by a _____________ who shall be assisted by _______________________

The Office shall be divided into seven (7) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director.

The Office shall be divided into seven (7) Bureaus, each of which shall be headed by a _________ and assisted by an __________________

5-year term

All employees in offices under the IPO is appointed by the President of the Philippines for a______________

Patent

Exclusive right granted for an invention, product, or process providing a new technical solution

discoveries, theories, aesthetic creations, methods of treatment, plant/animal varieties

Examples of non-patentable solutions

Inventor, his heirs or assignee

Who does the patent belong to?

the right to a patent belong to them jointly

What happens if 2 or more are the inventors of a patent?

First to File Rule

If same invention was made separately and independently, the right to a patent belongs to the first person who applied first

employer

If an employee made an invention under employment, the right to a patent belongs to the __________, unless it is not part of his/her regular duties

Trademark

sign that distinguishes goods

Service Mark

sign that distinguishes services

Trade Name

identifies an enterprise

Acquisition

Rights acquired only through registration

Registrability

Cannot be registered if immoral, deceptive, similar to existing marks, or misleading about origin/quality

prima facie

A certificate of registration of a mark shall be ___________ evidence of the validity of the registration

Copyright

rights granted to creators of literary and artistic works

Individual works

author is the owner

Joint works

co-authors share ownership

Employee-created works

employer owns if made in the course of employment

Commissioned works

ownership depends on the contract

“Fair Use

allows limited use without permission

Infringement of Copyright

Occurs when: Someone reproduces, distributes, or performs a work without authorization