DCIT 65 | Midterms | Lecture 3 Flashcards
relates to rights and obligations, as well as privileges and incentives–all rooted from the creation and protection of IP, which “refers to creations of the mind: inventions; literary and artistic works; and symbols, names, and images used in commerce.”
intellectual property (IP) system
basic human rights involve “the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary, or artistic productions.”
IP rights
the government agency mandated to administer and implement State policies on intellectual property (IP) to strengthen the protection of IP rights in the country.
intellectual property office of the philippines (IPOPHL)
IPOPHL performs the following functions to protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations:
- Development-Oriented
- Regulatory
- Enforcement
- Adjudicatory
- Policy-Making
IPOPHL values:
- justness
- harmony and teamwork
- accountability
- integrity
- excellence
IPOPHL respects and promote justness, equity and equality in the delivery of services and functions, with respect to individual differences by gender, religious, social and political affiliation to ensure that nobody is deprived of their rights according to what is required by the law
justness
IPOPHL promotes an environment where respect and recognition prevail through the provision of venue and mechanism for posting camaraderie among team members to enhance productivity and morale
harmony and teamwork
IPOPHL accepts with high responsibility and trust the consequences/results of one’s actions and decisions, guided by the government policies and rules on the use of government resources
accountability
IPOPHL demonstrates moral courage, honesty and decency in the performance of duties, avoids conflict of interest, conforms with the professional code of ethics, practices openness and transparency, and serves as role model for integrity within and outside IPOPHL
integrity
IPOPHL creates and sustains a culture of excellence in the organization
excellence
involves innovative and creative ideas—products of the intellect. To thrive, it needs to be firmly rooted in a stable yet flexible IP system designed to spur innovation and progress
disruption
an exclusive right granted to the owner by government for a period of time in exchange of the full disclosure of their invention
patent
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
invention patent
Exclusive Right:
- product
- process
shall also have the right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same
patent owners
statutory classes of invention:
- Product
- Process
- Improvement of any of the foregoing
eligibility of patent:
- it has to be new
- involves an inventive step
- industrially applicable
involves an inventive step if, having regard to prior art, 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. It that can be produced and used in any industry is considered industrially applicable
invention
the term of a patent shall be ___ years from the filing date of the application without any possibility of renewal. The patent must be maintained yearly, starting from the 5th year
twenty (20) years
a protection option to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patents application. It provides protection of so-called “minor inventions” through a system similar to the patent system
utility model
any technical solution to a problem in any field of human activity which is new and industrially applicable. It may or may not have an inventive step
registrable utility model
obtains the exclusive right to prevent or stop others from commercially exploiting the utility model for a limited period
owner of a utility model
statutory classes or registrable utility model (rule 201)
- product
- process
- computer-related utility model
- improvement of any of the foregoing
it is relatively inexpensive, faster to obtain, and with less stringent patentability requirements
invention patents
as provided for in Part 2, Rule 202 of the Regulations for Patents shall apply, mutatis mutandis, to non-registrable utility models
non-patentable inventions
utility model is entitled to ___ years of protection from the date of filing, with no possibility of renewal. UMs are territorial. You are only protected in countries where you applied for patent protection
seven (7) years
a document showing the validity of the registration
registrability report
the ornamental or aesthetic aspect of an article
industrial design
in order to be registrable, an industrial design must be a new or original creation
eligibility
the registration for an industrial design is for a period of ___ years from the filing date of the application
5 years
a word, a group of words, sign, name, symbol, logo or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others
trademark
Types of Marks (According to Strength):
- generic
- descriptive
- suggestive
- arbitrary
- fanciful
names of products they seek to identify
generic
derely describes the goods/services
descriptive
requires consumers to connect product with mark
suggestive
word/image unrelated to goods/services
arbitrary
made up of words
fanciful
trademark can be protected in perpetuity if regularly monitored and properly maintained. The period of protection is __ years from the date of registration and is renewable for a period of ten (10) years at a time
ten (10) years
the legal protection extended to the owner of the rights in an original work that one has created
copyright
refers to every production in the literary, scientific and artistic domain
original work
the term of protection for copyright in literary and artistic works, and in derivative works is generally the ___ years
lifetime of the author plus fifty (50)
