IPCP

Intellectyal propoety is not an intangible asset.​

Intellectual creation is a means of acquiring ownership.

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Government Agency that implements the IPC

IPOPHIL

The term “intellectual property rights” consists of:​

a) Copyright and Related Rights;​

b) Trademarks and Service Marks;​

c) Geographic Indications;​

d) Industrial Designs;​

e) Patents;​

f) Layout-Designs (Topographies) of Integrated Circuits; and​

g) Protection of Undisclosed Information ( TRIPS -Trade Related Aspect of Intellectual Property Rights)

Intellectual property rights (IPR) are rights given to persons over the creation of their minds. It has two (2) categories:​

1. Industrial property

2. Copyright and related rights.

Copyright and related rights – Exist over original and derivative intellectual creations in the literary and artistic domain protected from

from the moment of creation

Any composition of line 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 a pattern for an industrial product or handicraft. ​

Industrial designs

Any technical solution of a problem with any field of human activity which is new, involve an inventive step and is industrially applicable. ​

Patents

A product, in its final form or an intermediate form, in which the elements are integrally formed in and/or on a piece of material and which is intended to perform an electronic function.​

Integrated circuit

Synonymous with topography, and it means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture.​

Lay out designs

1. The IPC protects trade secrets in the sense that the law covers protection of undisclosed information.

2. trade secret is defined as a plan or process , tool, mechanism or compound known only to its owner and those of his employees to whom it is necessary to confide it.

3. it does not extend to a secret formula or process not patented

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3. F extend even if not patented

1. Trademark, copyright and patents are not different intellectual property rights that can be interchanged with another

2. The Director General, Deputies Director General, Directors and Assistant Directors shall be appointed by the President of IPOPHIL

3. An industrial design is a word, a group of words, sign, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others. ​

4. “Collective Mark” means any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise and shall include a stamped or marked container of goods

5. “Collective mark” means any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic

6. Collective mark does not include the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark

7. “Trade name” means the name or designation identifying or distinguishing an enterprise

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2. F. President

3. F trademark

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Intellectual Property Office (IPO) which shall have the following functions:​

a) Examine applications for grant of letters patent for inventions and register utility models and industrial designs;​

b) Examine applications for the registration of marks, geographic indication, integrated circuits;​

c) Register technology transfer arrangements and settle disputes involving technology transfer payments covered by the provisions of Part II, Chapter IX on Voluntary Licensing and develop and implement strategies to promote and facilitate technology transfer;​

d) Promote the use of patent information as a tool for technology development;​

e) Publish regularly in its own publication the patents, marks, utility models and industrial designs, issued and approved, and the technology transfer arrangements registered;​

f) Administratively adjudicate contested proceedings affecting intellectual property rights; and​

g) Coordinate with other government agencies and the private sector efforts to formulate and implement plans and policies to strengthen the protection of intellectual property rights in the country.​

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The Office shall be divided into six (6) Bureaus, each of which shall be headed by a Director and assisted by an Assistant Director. These Bureaus are:​

a) The Bureau of Patents;​

b) The Bureau of Trademarks;​

c) The Bureau of Finance;​

d) The Documentation, Information and Technology Transfer Bureau;​

e) The Management Information System and EDP Bureau; and​

f) The Administrative, Financial and Personnel Services Bureau.​

F. Legal Affairs

1. The rights in a mark shall be acquired through registration

2. There shall be infringement of trademark or trade names of imported or sold patented drugs and medicines allowed under the IPC

3. When do rights conferred by registration of trademark terminate?

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3. upon cancellation of the certificate of registration by the IPO in the cases allowed by law.

the owners of a registered mark shall have the exclusive right to prevent all third parties not having the owner’s consent from using in the course of trade identical or similar signs or container for goods or services which, are identical or similar to those in respect of which the trademark is registered

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In determining likelihood of confusion, jurisprudence has developed two test

dominancy test and the holistic test

1. The holistic test focuses on the similarity of the prevalent features of the competing trademarks which might cause confusion or deception.

2. The holistic test entails a consideration of the entirety of the marks as applied to the products, including labels and packaging in determining confusing similarity. The scrutinizing eye of the observer must focus only on the predominant words

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The rule on — is also a test to resolve the confusing similarity of trademarks. A mark with a different spelling but is similar in sound with a registered trademark when read may be ruled as being confusingly similar with the said registered mark.

The rule on idem sonans

Doctrine of unrelated good - One who has adopted , used and registered a trademark on his goods prevents the adoption , use and registration of the same trademark by others on unrelated articles of a different kind. ​

F - does not prevent

The cert of registration precludes others from adopting and registering the trademark for totally unrelated goods.

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A well-known mark is a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines, only registered here, as being already the mark of a person other than the applicant for registration.​

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A descriptive trademark is allowed

What are generic marks?​

Is generic mark prohibited?

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Yes

1. Suggestive terms are those which, in the phraseology of one court, require “imagination, though and perception to reach a conclusion as to the nature of the goods.”

2. They are allowed to be trademarked.

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What is the doctrine of secondary meaning?​

Under the doctrine of secondary meaning, a word or phrase originally incapable of exclusive appropriation with reference to an article in the market, because it is geographical or otherwise descriptive, might nevertheless have been used so long and so exclusively by one producer with reference to his article that, in trade and to that branch of the purchasing public , the word or phrase has come to mean that the article was his produce.

Requirements of Application. The application for the registration of the mark shall be in Filipino or in English and shall contain the following:​

• A formal request to register the mark.

• Your name and address.

• Your nationality, where you live, and where you do business (if applicable).

• If you're a company, the law under which you're established.

• If you're not based in the Philippines, appoint a local agent or representative.

• If claiming priority from an earlier application abroad, give:

  • The country or office where you filed first,

  • The filing date, and

  • The application number (if available).

• A clear copy (reproduction) of the trademark.

• A list of goods or services the trademark will cover.

• A declaration that you're using or intend to use the mark in the Philippines.

You can file just one application for a trademark, even if It applies to different products or services, and

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1. If you applied for a trademark abroad first, and then apply in the Philippines, you can use the earlier foreign filing date.

2. The Philippine registration only approved if the mark is not registered in your home country.

3. You can’t sue for infringement before your trademark is registered in the Philippines — unless it’s a well-known mark.

4. You can use a later foreign application for priority if earlier ones were properly canceled and never made public.

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1. A certificate of registration shall remain in force for - years

2. Any foreign national or juridical person who meets the requirements of Section 3 of this Act and does not engage in business in the Philippines may bring a civil or administrative action hereunder for opposition, cancellation, infringement, unfair competition, or false designation of origin and false description, whether or not it is licensed to do business in the Philippines under existing laws.

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The certificate of registration may be cancelled in the following cases:​

1. Failure to file declaration of actual use within one 5 mos from the fifth anniversary of the trademark registration.​

2. Failure to file declaration of actual use within three (3) years from filing of the application for trademark registration.

1. F - 1 year

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It is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

Geographic Indication​

For what types of products could geographical indications be used?​

Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit drinks, handicrafts, and industrial products.​

In many sui generis legislations, registrations for geographical indications are not subject to a specific period of validity.

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Geographical indications registered as collective and certification marks are generally protected for renewable five-year periods.

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A trademark can be assigned or licensed to anyone, anywhere in the world, because it is linked to a specific company and not to a particular place.

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a GI may be used by any persons in the area of origin, who produces the good according to specified standards, but because of its link with the place of origin, a GI cannot be assigned or licensed to someone outside that place or not belonging to the group of authorized producers.​

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is the transfer of possession of the original or a copy of a work or sound recording for a limited period, for non-profit purposes, by an institution the services of which are available to the public, such as public library or archive;​

“Public lending”

1. is the natural person who has created the work;​

2. means the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;​

3. an electronic or similar device having information-processing capabilities, and a “computer program” is a set of instructions expressed in words, codes, schemes or in any other form, which is capable when incorporated in a medium that the computer can read, of causing the computer to perform or achieve a particular task or result;​

1. Author

2. “Communication to the public” or “communicate to the public”

3. Computer

is a work which has been created by two (2) or more natural persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter under his own name and that contributing natural persons will not be identified;​

A “collective work”

1. It is the making of one (1) or more copies of a work or a sound recording in any manner or form (Sec. 41 (E), P.D. No. 49 a);​

2. is an artistic creation with utilitarian functions or incorporated in a useful article, whether made by hand or produced on an industrial scale;​

3. is a work created by an officer or employee of the Philippine Government or any of its subdivisions and instrumentalities, including government-owned or controlled corporations as a part of his regularly prescribed official duties.

1. Reproduction

2. A “work of applied art”

3. work of the Government of the Philippines

1. means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work;​

2. is the transfer of the possession of the original or a copy of a work or a sound recording for a limited period of time, for profit-making purposes;

1. “Published works”

2. “Rental

The fair use of a copyrighted work for criticism, comment, news reporting, teaching including multiple copies for classroom use, scholarship, research, and similar purposes is an infringement of copyright.

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in the case of a work other than an audiovisual work, is the recitation, playing, dancing, acting or otherwise performing the work, either directly or by means of any device or process; in the case of an audiovisual work, the showing of its images in sequence and the making of the sounds accompanying it audible; and, in the case of a sound recording, making the recorded sounds audible at a place or at places where persons outside the normal circle of a family and that family’s closest social acquaintances are or can be present, irrespective of whether they are or can be present at the same place and at the same time, or at different places and/or at different times, and where the performance can be perceived without the need for communication within the meaning of Subsection 171.3;​

Public performance

TRIPS — Trade-Related Aspects of Intellectual Property Rights. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive multilateral agreement on intellectual property (IP).​

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Copyright shall subsist in any work of the Government of the Philippines. However, prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit.

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the factors to be considered In determining whether the use made of a work in any particular case is fair use

(a) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;​

(b) The nature of the copyrighted work;​

(c) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and​

(d) The effect of the use upon the potential market for or value of the copyrighted work.​

Non-profit libraries can make limited copies of works for protection, access, or research use — especially when the original is fragile, rare, or unavailable.

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It is 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.​

Patent

Patent is an exclusive right that allows the inventor to exclude others from making, using, or selling the product of his invention during the life of the patent.

Patent owners may give permission to, or license, other parties to use their inventions on mutually agreed terms.

If an Owners also sell their invention rights to someone else, the buyer then becomes the new owner of the patent.​

It refers to any technical solution of a problem in any field of human activity.​

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What are the various types of patent?​

1. Patentable invention​

2. Industrial designs​

3. Utility models​

if the application was originally filed in another country and claimed an earlier filing date, you can still file for validity

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It is best defined as an invention shall not be considered new if the it forms part of a prior art.​

Novelty

Prior art , on the other hand, shall consist of;​

1. Everything which has been made available to the public anywhere in the world, before the filing date or the priority date of the application claiming the invention; and​

2. The whole contents of a published application for a patent, utility model, or industrial design registration, filed or effective in the Philippines, with a filing or priority date that is earlier earlier than the filing or priority date of the application.​

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No patent = no protection

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if the inventor makes his invention available to the public but without obtaining a patent, he cannot restrain others from using his invention. The use of the invention does not constitute patent infringement. The rule is , no patent no protection. Neither can anyone, however from the public apply for and obtain a patent over same invention because the application for patent will no longer satisfy the element of novelty.​

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a utility model shall be considered “new” if it has been described in a printed publication or publications circulated within the country, or if it is substantially similar to any other utility model so known

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An invention has an inventive step if it is not obvious to a person with average skills in that field (called a "person skilled in the art") when the patent application is filed.

Only prior art made available to the public before the filing date or priority date is considered in assessing inventive step

The phrase “skilled in the art” means the criterion is only limited to a person with an average level of skill in the concerned field.

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Scientific theories and mathematical methods are patentable

No

An invention that can be produced and used in any industry shall be industrially applicable.

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Requisites for patentable inventions

Patentable Inventions. ‑ Any technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable shall be patentable.

The right to a patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to a patent shall belong to them jointly. (Sec. 10, R.A. No. 165a)​

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If two (2) or more persons have made the invention separately and independently of each other, the right to the patent shall belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.

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1. The person who commissions the work shall own the patent

2. If the inventive activity is not a part of the employee’s regular duties even if the employee uses the time, facilities and materials of the employer, the employee still owns the patent

3. The employee retains ownership if the invention is the result of the performance of his regularly-assigned duties, unless there is an agreement, express or implied, to the contrary

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If you file a patent application for an invention in another country first, and that country has an agreement with the Philippines giving similar rights to Filipino inventors, you can file your patent in the Philippines and use the date of your foreign filing as the filing date in the Philippines. Provided, That: (a) the local application expressly claims priority; (b) it is filed within twelve (12) months from the date the earliest foreign application was filed; and (c) a certified copy of the foreign application together with an English translation is filed within six (6) months from the date of filing in the Philippines.

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A right of priority is equivalent to patent

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To apply for a patent in the Philippines, the application must be written in Filipino or English and must include:

a) A formal request for a patent,
b) A full description of the invention (how it works and how to use it),
c) Drawings (if needed) to help explain the invention,
d) One or more claims (these define what parts of the invention are protected), and
e) A short summary (called an abstract).

Also, a patent will not be granted unless the inventor is clearly named. If the person applying is not the inventor, they must prove that they have permission (or legal right) from the inventor to apply.

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If someone applying for a patent is not living in the Philippines, they must appoint a local (Philippine-based) agent or representative. This person will handle any legal or official notices related to the patent on their behalf.

The patent application must include a formal request. This request must list:

A petition asking for the grant of the patent,

The name and other details of the applicant,

The name of the inventor,

The name of the agent (if any), and

The title (or name) of the invention.

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The patent shall be issued in the name of the Republic of the Philippines under the seal of the Office and shall be signed by the President of the Philippines , and registered together with the description, claims, and drawings, if any, in books and records of the Office.

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The term of a patent shall be—- years from the filing date of the application.

🔹 55.1 – To keep your patent application or granted patent active, you must pay an annual fee starting 4 years after your patent application was published. You’ll need to keep paying this fee every year on the same date. You can pay up to 3 months early. If your application gets withdrawn, rejected, or cancelled, you don’t have to pay anymore.

🔹 55.2 – If you don’t pay the annual fee on time, your application will be considered withdrawn or your granted patent will be considered lapsed. This means it’s no longer valid. A notice of this will be published and recorded officially.

🔹 55.3 – You’re given a 6-month grace period after the due date to still pay the annual fee—but you’ll also have to pay a penalty (surcharge) for the delay.

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It refers to contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer, assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market.​

Technology Transfer Agreement​

If there is a disagreement about payments or royalties in a technology transfer agreement, the —— is the one who has the authority (quasi-judicial power) to resolve those disputes.

Director of the Documentation, Information and Technology Transfer Bureau

A registrable utility model is any technical solution to a problem in any field of human activity which is new, inventive step and industrially applicable.

It allows the right holder to prevent others from commercially using the registered UM without his authorization, provided that the UM is old based on the Registrability Report.

Compared with invention patents UM, is relatively inexpensive, faster to obtain, and with less stringent patentability requirements.​

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A utility model registration lasts for 7 years from filing date.

However, they can extend since renewals are allowed.

A utility model registration can be cancelled if:

(a) The invention is not new or not industrially applicable.

(b) The description or claims are not properly written.

(c) Required drawings are missing.

(d) The registrant is not the true inventor or their legal successor.

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At any time before the grant or refusal of a patent, an applicant for a patent may, upon payment of the prescribed fee, convert his application into an application for registration of a utility model, which shall be accorded the filing date of the initial application. An application may be converted only once.​

At any time before the grant or refusal of a utility model registration, an applicant for a utility model registration may, upon payment of the prescribed fee, convert his application into a patent application, which shall be accorded the filing date of the initial application.

An applicant may file two (2) applications for the same subject, one for utility model registration and the other for the grant of a patent whether simultaneously or consecutively.

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It is the ornamental or aesthetic aspect of an article. Design, in this sense, may be three-dimensional features (shape or surface of an article), or the two-dimensional features (patterns or lines of color)

Industrial Design​

1. 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;​

2. means a product, in its final form, or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections are integrally formed in and/or on a piece of material, and which is intended to perform an electronic function; and​

3. is synonymous with ‘Topography’ and means the three-dimensional disposition, however expressed, of the elements, at least one of which is an active element, and of some or all of the interconnections of an integrated circuit, or such a three-dimensional disposition prepared for an integrated circuit intended for manufacture.​

1. Industrial Design:

2. Integrated Circuit

3. Layout-Design (Topography)

1. Industrial designs dictated essentially by technical or functional considerations to obtain a technical result or those that are contrary to public order, health or morals shall be protected.​

2. Only industrial designs that are new or ornamental shall benefit from protection under this Act.​

3. Only layout-designs of integrated circuits that are original shall benefit from protection under this Act. A layout-design shall be considered original if it is the result of its creator’s own intellectual effort and is not commonplace among creators of layout-designs and manufacturers of integrated circuits at the time of its creation.​

4. A layout-design consisting of a combination of elements and interconnections that are commonplace shall not protected even if the combination, taken as a whole, is original.​

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Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which is a party to any convention, treaty or agreement relating to intellectual property rights or the repression of unfair competition, to which the Philippines is also a party, or extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty or reciprocal law, in addition to the rights to which any owner of an intellectual property right is otherwise entitled by this Act.​

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1. It is any visible sign capable of distinguishing the goods (trademark) or services (service mark)m of an enterprise and shall include a stamped or marked container of goods. In relation thereto, a trade name means the name or designation identifying or distinguishing an enterprise. ​

2. A —-is an exclusive right granted to an inventor over an invention or a utility model or industrial design to sell, use, and make the same for commerce and industry.​

3. —-as defined by the Supreme Court as an intangible, incorporeal right granted by statute to the author or originator of certain literary or artistic productions, whereby he or she is invested, for a specific period with the sole and exclusive privilege of multiplying copies of the same and publishing and selling them. ​

4. Copyright should therefore be defined then as an incorporeal and intangible property granted by law to the originator or creator of certain literary, artistic, scientific and scholarly work whereby he or she is invested for a specific period of time a collection of economic and moral rights on terms specified by the statute. ​

1. Trademark

2. Patent

3. Copyright

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1. Patent is valid for 20 years from filing of the application for the grant of patent.​

   (i. patentable inventions; ii. Industrial designs; iii. Utility models) –

2. A utility models cannot be renewed. It can only be registered for a period of seven (7) years after the date if filing of the application, without any possibility of renewal.

3. Copyright is generally valid for 50 years.

4. For trademarks, a certificate of registration shall remain in force for ten (10) years, provided, that the registrant shall file a declaration of actual use and evidence to that effect, or shall show valid reasons based on the existence of obstacles to such use, within one (1) year from the fifth anniversary of the date of registration of the mark. Otherwise, the mark shall be removed from the Register by the office. ​

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1. Trademark is acquired from the moment of creation.

2. Copyright is acquired solely through registration in accordance with the provisions of the Intellectual Property Code (IPC)

3. Patent is likewise acquired through application with, and grant by, the IPO.

4. The making, using , offering for sale, selling or importing a patented product or a product obtained directly or indirectly from a patented process, or the use of a patented process without the authorization of the patentee shall not constitute patent infringement.​

1. Copyright

2. Trademark

3. T

4. F