INTELLECTUAL PROPERTY Flashcards
WIPO
World Intellectual Property Organization
Who defined IP as “creation of the mind”
World Intellectual Property Organization
Intellectual Property (IP)
creation of the mind, such
as inventions, literary and artistic works, designs and symbols, names, and images used in commerce”.
Types of Intellectual Property
Copyright, Patent, Trademark, Industrial Design, Geographical indications and appellations of origin, Trade Secrets
Copyright
a legal term used to describe
the rights that creators have over their literary
and artistic works.
Coverage for copyright
books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
Copyright does not cover “ideas,
procedures, methods of operation or
mathematical concepts” because
because no one person or institution can claim sole ownership of these. Sufficient authorship must exist for these to be covered by copyright. Even titles, slogan, or logos may or may not have a copyright.
two types of rights under a copyright law
Economic Rights
Moral Rights
Economic Rights
rights of an owner/ author to be properly compensated financially upon his or her permission for the work to be
used by another.
Moral Rights
rights to non-economic interests of the author. To protect his or her economic rights, an author has the discretion to limit or prohibit the use of the work in terms of the following:
- Reproduction in various forms, such as
printed publication or sound recording - Public performance, such as in a play or
musical work - Recording, for example, in the form of
compact disc or DVDs - Broadcasting by radio, cable or satellite
- Translation into other languages
- Adaptation such as a novel into a film
screenplay
Patent
exclusive right granted for an invention.
- provides the patent owner with the right to decide how - or whether - the invention can be used by others.
- In exchange for this right, the patent owner makes technical information about the invention publicly available in the published
patent document.
Coverage for Patent:
Exclusive right granted for an
invention
Trademark
- a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
- date back to ancient times when artisans used to put their signature or “mark” on their products.
Coverage for trademark:
Products sold or services offered by a business entity
Industrial Design
- constitutes the ornamental or aesthetic aspect of an article.
- design may consist of three-dimensional
features, such as the shape or surface of an
article, or of two-dimensional features, such as
patterns, lines or color.
Coverage for Industrial Design
Design of an object (shape or surface,
patterns, lines, or colors)
Geographical indications and appellations of origin
- signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of
origin. - Most commonly, a geographical indication
includes the name of the place of origin of the
goods.
Coverage for Geographical indications and appellations of origin
The name of the place of origin of the
goods/products
Trade secrets
- are IP rights on confidential information which may be sold or licensed.
- unauthorized acquisition, use or disclosure of
such secret information in a manner contrary
to honest commercial practices by others is
regarded as an unfair practice and a violation of the trade secret protection.
Coverage for Trade secrets
Industrial or commercial espionage, breach of contract and breach of confidence.
R.A. 8293, “The Intellectual Property Code of 1997”
SECTION 2. Declaration of State Policy - State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products.
- shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.
REPUBLIC ACT NO. 8293
AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
2 Types of Works Not Protected
- Unprotected Subject Matter
- Works of the Government
Unprotected Subject Matter
- idea, procedure, system, method or
operation, concept, principle, discovery or
mere data as such, even if they are expressed,
explained, illustrated or embodied in a work; - News of the day and other miscellaneous facts having the character of mere items of
press information; - official text of a legislative, administrative or legal nature, as well as any
official translation.
Works of the Government
purpose of statutes, rules and regulations, and speeches, lectures, sermons, addresses, and dissertations, pronounced, read or rendered in courts of justice, before administrative agencies, in deliberative assemblies and in meetings of public character.
What is Fair Use?
- 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 not an infringement of copyright.
Decompilation - reproduction of the code and
translation of the forms of the computer
program to achieve the inter-operability of
an independently created computer program
with other programs may also constitute fair
use.
Works covered by Fair Use:
- A work of architecture in the form of
building or other construction; - An entire book, or a substantial part
thereof, or of a musical work in graphic
form by reprographic means; - A compilation of data and other materials;
- A computer program except as provided
in Section 189; and - Any work in cases where reproduction
would unreasonably conflict with a
normal exploitation of the work or would otherwise unreasonably prejudice the legitimate interests of the author.
Factors to be considered:
(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.
What is Creative Commons?
- nonprofit organization that helps overcome legal obstacles to the sharing of knowledge and creativity to address the world’s pressing challenges.
What do creative commons do?
- Provide Creative Commons licenses
and public domain tools that give every
person and organization in the world a
free, simple, and standardized way to
grant copyright permissions for creative
and academic works; ensure proper
attribution; and allow others to copy,
distribute, and make use of those works. - Work closely with major institutions
and governments to create, adopt and
implement open licensing and ensure the
correct use of CC licenses and CC-licensed
content
What is Infringement?
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
Penalties
offenders shall suffer imprisonment for
the period of not less than six (6) months but
not more than three (3) years and/or a fine of
not less than One hundred thousand pesos
(P100,000) but not more than Three hundred
thousand pesos (P300,000), at the discretion
of the court.
