Intellectual Property Law

Question 1

The relevant law on this topic?

Answer 1

Republic act no. 8923 / Intellectual property code of the Philippines

Question 2

Which inventions are patentable?

Answer 2

Any technical solution of a problem in any field of human activity which:

• is new;
• involves an inventive step;
• is industrially applicable

Question 3

To whom does the right to a patent belong?

Answer 3

The inventor, his heir, or assigns.

Question 4

What happens if 2 or more persons have jointly made an invention?

Answer 4

The right to a patent shall belong to them jointly.

Question 5

What if the patent is created pursuant to a commission?

Answer 5

The person who commissions shall own the patent, unless otherwise provided in the contract.

Question 6

Who owns the patent for an invention made by the employee in the course of his employment contract?.

Answer 6

A. The employee- if the inventive activity was made not in the course of his regular activities, even if he used the time,facilities, and materials of his employer.
B. The employer- if the invention is the result of his regularly assigned duties, unless there is an agreement, express or implied, to the contrary.

Question 7

What is the “first to file rule”?

Answer 7

• If two or more persons have made an invention separately and independently of each other, the right to the patent shall belong to the person who applied an application for such.
• Where two or more persons have filed for the same invention, to the applicant who has the earliest filing date or, the earliest priority date.

Question 8

When does a patent take effect?

Answer 8

A patent shall take effect on the date of the publication of the grant in the IPO (Intellectual Property Office) Gazette.

Question 9

What is the legal life of a patent?

Answer 9

The term of a patent shall be 20 years from the filing date of the application.

Question 10

What rights are given to a patent owner?

Answer 10

A patent shall confer on its owner the following exclusive rights:

*Where the subject matter of a patent is a product, to restrain, prohibit and prevent any unauthorized
person or entity from making, using, offering for sale, selling or importing that product
* Where the subject matter of a patent is a process, to restrain, prevent or prohibit any unauthorized person
or entity from using the process, and from manufacturing, dealing in, using, selling or offering for sale,
or importing any product obtained directly or indirectly from such process
* The right to assign, or transfer by succession the patent, and to conclude licensing contracts for the same

Question 11

What is trademark or service mark?

Answer 11

any visible sign capable of distinguishing the goods or service of an enterprise and shall include a stamped or marked container of goods.

Question 12

Difference between trademark and service mark

Answer 12

Trademark- goods; service mark- service

Question 13

What is a trade name?

Answer 13

The name or designation identifying or distinguishing an enterprise

Question 14

How are rights to a trademark or service mark acquired?

Answer 14

rights in a mark shall be acquired through registration made validly in accordance with the provisions of this law.

Question 15

What is the legal life of a trademark/service mark?

Answer 15

10 years

Question 16

What rights does the owner of a registered trademark or service mark have?

Answer 16

The exclusive right to prevent all third parties not having the consent from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.

Question 17

What are the rules on assignment and transfer of application and registration of trademark and service mark?

Answer 17

The following rules are observed:

1. An application for registration of a mark, or its registration, may be assigned or transferred with or without the transfer of the business using the mark.
2. The assignment of the application for registration of a mark, or of its registration, shall be in writing and require the signatures of the contracting parties. Transfers by mergers or other forms of succession may be made by any document supporting such transfer.
3. Assignments and transfers shall have no effect against third parties until they are recorded at the Office.

Question 18

What is the prohibition on the use of trade names?

Answer 18

1. It is contrary to public order or morals;

2. If, in particular, it is liable to deceive trade circles or the public as to the nature of the enterprise

Question 19

Who owns the copyright if the work is literary and artistic?

Answer 19

To the author of the work

Question 20

Who owns the rights to a copyright if there is joint authorship?

Answer 20

• In the case of works of joint authorship, the co-authors shall be the original owners of the copyright and in the absence of agreement, their rights shall be governed by the rules on co-ownership.
• If, a work of joint authorship consists of parts that can be used separately and the author of each part can be identified, the author of each part shall be the original owner of the copyright in the part that he has created.

Question 21

Who owns the rights to a copyright if it is an audiovisual like movies?

Answer 21

It shall belong to the director, the author of the scenario, the composer of the music, the film director, the author of the work so accepted.

Question 22

Who owns the rights to a copyright if the author is an employee?

Answer 22

The rules stated on patent above apply.

Question 23

Who owns the rights to a letter sent by someone?

Answer 23

The writer of the lefter

Question 24

What does article 723 of the civil code say on letters?

Answer 24

Letters and other private communications in writing are owned by the person to whom they are addressed and delivered, but they cannot be published or disseminated without the consent of the writer or his heirs.

Question 25

What is the legal duration of the copyright?

Answer 25

The life of the author plus 50 years after author’s death