Intellectual Property Code Flashcards
What is the RA of the Intellectual Property Code
RA 8293
What is intellectual property rights
- intangible
- granted by law to owners of intellectual creations
What are examples of intellectual creations
- Inventions
- Designs, names, signs
- Literary and artistic works
Intellectual property rights under the IPC
- Patents
- Trademarks and Service Marks
- Copyright
What is the difference between patents, trademarks and copyright
a
is an exclusive right granted to an inventor over an invention to sell, use, and make the same for commerce and industry
Patent
Any visible sign capable of distinguishing an object
Mark
If a mark distinguishes a good, it is registered as
Trademark
If a mark distinguishes a service it is registered as
Service Mark
the name or designation identifying or distinguishing an enterprise
Trade name
Copyright is confined to
literary and artistic works
When is copyright vested?
from the moment of creation
What are the requisites of patentable invention?
- New
- Inventive Step
- Industrially applicable
What if albert einstein invent the theory of relativity today, can it claim a patent?
No
What are the non-patentable inventions?
- Scientific and mathematical methods
- Mental Acts and programs for computers
- Treatment of human and animal body
- Animal and plant varieties
- aesthetic creations
When does the acquisition of the right of Patent happen
by applying and grant by the Intellectual Property Office
When is the effectivity of the right of patent
- take effect on the date of publication in the IPO Gazette
What is the term of patent
20 years from the filing data of the application
Can an extension of the term of patent be asked?
no, it shall become a prior part
List of Patent Owners
- Inventor
- Heirs
- Assigns
When 2 or more person have jointly made an invention, who owns the patent?
Jointly right of patent
Inventions through commission, the patent should be owned by?
the person who commissioned, unless stipulated
An invention by an employee done during his employment contract, who owns the patent
Employee, if the inventive activity is not part of his regular duties even if they use materials, time and facilities of the employer
Employer if the inventive activity is a result of his regular duties
What is the rule on acquisition of patent when 2 or more person made the same invention?
First to file Rule
What tests are used to determine patent infringement?
- LIteral Infringement
- Doctrine of Equivalents
Definition of Doctrine of Equivalents
- Copies the innovative concept
- some modification
- performs the same function
What are the civil actions for infringement?
- File for damages and litigation expenses
- Injunction (papatigilin)
When can a criminal action for infringement be filed?
When a repetitive action for infringement is done after the decision of the civil action case
Duration of criminal action for infringement?
6 months to 3 years
What is the fine for criminal action for infringement
100k to 300k
Acquisition of owership of trademark or service mark is acquired through?
Registration
Acquisition of trade name is done through?
acquired by use
Is tradename required to be registered?
No
What is the requirement on trademark/service mark?
actual use within 3 years from filing date of application
What is the duration of a trademark?
10 years and renewable unlimitedly for the same amount of years
What are the non registrable marks
- immoral matters
- matters that suggest a connection with another mark
- flag or coat of arms
- name, portrait of a living individual or a dead president
- Identical with a registered mark
- Identical with a well-known mark
- Intent to mislead the public
- Generic signs
- Used in everyday customs
What are the exception in the portrait and name of a living individual or deceased President mark?
needs a written consent if living, or by the widow of the president
In cases of marks that are similar to a well known mark, what are the protections given to the well known mark in the PH
If it is registered in the PH, protection is given to similar and not similar goods and services
If not registered in the PH only similar good and services are protected
a word or phrase has come to mean that the article was his product?
Doctrine of Secondary Meaning
Test to Determine Confusion of Marks: Focuses on prevalent features
Dominancy Test
Test to Determine Confusion of Marks: focus on the entirety of the marks
Holistic Test
Kinds of Confusion: person is induced to buy a product believing that he is buying the other product
Confusion of Goods
Kinds of Confusion: Confusion which a person believed that the product he is buying originated from the business of the another
Confusion of Business
is the unauthorized use of the mark
Infringement
passing of one’s as those of anotherr
unfair competition
Distinction of Infringement and Unfair Competition: Fraud
- Infringement: not required
- UC: required
Distinction of Infringement and Unfair Competition: Registration
- Infringement: required
- UC: not required
sole and exclusive privilege of multiplying copies of the same and publishing and selling hem
Copyright
Elements of Copyrightable Works?
- Originality
- Expression
Classification of Protected Works
- Original and Literary Work
- Derivative Works
In all cases, expression is needed for a work to be copyrightable?
No, lectures,sermons etc.
Are format or mechanics of a television show copyrightable?
No
