IP

INTELLECTUAL PROPERTY (IP) LAW (RA 8293) is a type of property that comes from products of mental effort and usually compose of copyrights, trademarks, patent and trade secrets

- Intellectual properties are a product of a human's intelligence and creativity that need to be protected by law.

- Patent Law

- Trademark and Service Mark Law

- Copyright Law.

- Geographic Indications

- Protection of Undisclosed Information

- Industrial Designs

- Layout Design/Topographies of Integrated Circuits

Intellectual Property Office of the Philippines (IPOPHL) Attached to Dept of Trade and Industry (DTI), 28 Upper McKinley Road Taguig, with satellite offices

PATENT LAW - patent is an exclusive right granted to inventors which provides new product or new way of doing something or offers a new technical solution to a problem;

- a patentable invention is "any technical solution of a problem in any field of human activity which is newe

- involves an inventive step and is industrially applicable." 3 kinds of patents (1) utility patents (2) design patents (3) plant patents

- Term-20 years from the filing date of application

- Rights-the right belongs to the inventor, nis heir or assign. when two or more persons have jointly made an invention, the right of the patent belongs to them jointiy An invention is considered new if it does not form part of a prior art

Novelty or prior art, an invention is considered new if it does not form part of a prior art

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

2) The whole content of an application for a patent, utility model or industrial design registration, published in accordance with the Intellectual Property Code, filed or effective in the Philippines with a filing or priority date that is earlier than the filing or priority date of the application

Best legal practice

(1) investigate for prior art; an inventor should do his due diligence in researching for any possible prior art in existence already

(2) first to hile rue. Register as soon as possible

(3) stipulate in employment contract regarding ownership

(4) provide patent notice in containers or packaging

Patent Infringement is the making, using, offering for sale, selling, or importing a patented product obtained directly or indirectly from the patented process, or by use of a patented process without the authorization of the patentee

TRADEMARK and SERVICE MARK LAW - "TM"

- A mark is any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise, including a stamped or marked container of goods.

- A trade name is the name or designation identifying or distinguishing an enterprise.

- The rights in a mark are acquired through registration made validly in accordance with the provision of the law

- "TM" means the mark has pending application; the TM symbol means that the mark is registered

- Trademark rights are usually used by business for protection and for their advantages on competition Moreover, can be a good source of income through licensing and franchise.

- P 2,592.00-government fee for trademark application

- P 600.00-if the trademark has color, additional P600.00 for each class

- Trademark Infringement Infringes his rights owner of a registered mark may recover damages from any person who

PROTECTION OF UNDISCLOSED INFORMATION

- protects and keeps the business information

- also known as "trade secret"

- safe and secure without disclosing it to the public

- technical information

- info on manufacturing process

- experimental research data

- formulas

- software algorithms/source codes

- financial information

-recipes

-distribution methods list of clients, suppliers and advertising strategies

- unfair practices includes breach of contract, breach of confidence and industrial / commercial espionage signs "confidentiality agreement" to ensure all parties know that the secret can't be disclosed

COPYRIGHT LAW-A copyright is an intellectual property right over a literary or artistic work Literary and artistic works are original intellectual creations in the literary and artistic domain protected from

the moinent of creaton including books, paniphlets, articles, letters, periodicals, newspapers, other writings Lectures, sermons, dissertations, Ilustrations, Drawings, plastic works, of scientific or technical character, Photographic, audiovisual and cinematographic works, advertisements, computer programs Dramatic musical compositions, choreographic works, musical composition with or without words

1) No copyright for any work of the government of the Philippines

2) Any business seeking to use a copyrighted work should obtain a written license

3) A copyright owner should designate a copyright agent who will be tasked to protect and enforce moral rights of the owner, who will act in behalf of the principal in registering with the IPO, entering into license agreements, etc

4) Business establishment that play music in the background should obtain license to avoid liability for copyright infringement

Business establishments opt to play radio music in the background if unable to get a license Third party playing music-business that hire third party to play music in the background should make sure that the contract stipulates that the latter will hold the former free and harmless from copyright infringement

5) Copyright Infringement In an infringement action, the court shall also have the power te onder seizure and impounding of any article which may serve as evidence for court proceedings

1 year prescription for damages-from the time the cause of action arose

6) Patent protects invention while copyright protects expression.

Best Legal practices

1 ) the copyright symbol is to serve as notice which means the work is under copyright protection and protected by

2) Copyright as catch all intellectual property

3) Publish copyright to establish date of creation; copyright protection starts from date of creation; may be done through email or social media

As a good rule of thumb, when in doubt, cite or make attributions. Give credit where it is due.