ENTREP MIND L4

Intellectual Property

refers to creations of the mind — inventions, brand identities, creative works, and confidential business information — that the law recognizes as valuable, protectable assets.

Republic Act No. 8293

Intellectual Property Code of the Philippines, administered by the Intellectual Property Office of the Philippines, an agency under the Department of Trade and Industry

Trademarks

is any visible sign capable of distinguishing the goods or services of one business from those of another — this includes brand names, logos, taglines, and even distinctive packaging. Under the IP Code, trademark rights are generally acquired through registration with IPOPHL rather than through use alone.

Patent

protects an invention — a technical solution to a problem, which may take the form of a product or process. To qualify for patent protection under the IP Code, an invention must satisfy three requirements: it must be novel, involve an inventive step (that is, not obvious to a person skilled in the relevant field), and be industrially applicable.

Utility Model

protected for 7 years, non-renewable (protection for smaller forms of innovation)

Industrial Design

covering the visual appearance of a product, is protected for 5 years, renewable for two additional five-year periods, for a maximum of fifteen years.

Copyright

protects the original literary, artistic, and scientific works — including written works, music, films, photographs, software, and similar creative outputs. Unlike trademarks and patents, this kind of protection arises automatically from the moment a work is created; no registration is required for the right to exist.

Trade Secrets

is confidential business information — such as formulation, process, method, or customer data — that provides a competitive advantage precisely because it is not generally known.

MacJoy Fastfood Corporation

was ultimately barred from registering its mark because McDonald's Corporation had registered confusingly similar marks earlier. The Supreme Court applied what is known as the “dominancy test,” which focuses on the dominant features of competing marks — in this case, the shared use of “Mc/Mac” prefixes and similar arch-like lettering — rather than a side-by-side comparison of every visual detail.