IPL Flashcards
What is Intellectual Property?
IP is that branch of property referring to creations of
the human mind or intellect. It includes inventions,
literary and artistic works, designs, symbols, names,
words, or images used in commerce.
A. What is a trademark?
Any visible sign capable of distinguishing the goods
(trademark) or services (service mark) of an
enterprise and shall include a stamped or marked
container of goods. (§121.1, IP Code)
3 Main Branches
- Trademarks
- Patents
- Copyrights
Under the IP Code (R.A. 8293) Marks
Comprise of any visible sign capable of distinguishing
one goods or services of an enterprise from that of
another. Included under this category are stamped or marked containers.
Serve several purposes
Economic function
Advertising function
Quality function
B. What is a patent?
Any technical solution of a problem in any field of
human activity which is new, involves an inventive
step and is industrially applicable. (§21.1, IP Code)
A patent is an exclusive right granted to a person to
exploit the fruits and benefits of his invention for a
limited period of time.
● Promotes technology transfer. In exchange for
your disclosure of what you discovered, you are
protected by the government.
● IP Code does not define what a patent is but
defines what is patentable.
THREE (3) ASPECTS OF INTELLECTUAL PROPERTY
- Asset
- Right
- Policy Tool
. What is a copyright?
Confined to literary and artistic works which are
original intellectual creations in the literary and
artistic domain protected from the moment of their
creation. (§172, IP Code)
Copyrights refer to rights given to creators of literary
and artistic works. Works covered include books, music,
paintings, sculptures, and films, to computer programs,
databases, advertisements, maps, and technical
drawings.
● These existed prior to brands and inventions.
● Sir: This is probably the oldest of the three
because people are creative.
● Protection of the creativity of the human mind.
How is IP relevant?
In today’s world, IP enhances practically all aspects of
our lives. We come across products that have
protected IP on a daily product.
● IP rewards innovators for relying on a superb
cup of Starbucks coffee
● To a more energy-efficient automobile (Tesla)
● To tech that sustains and enhances our world
What is Brand Equity
The value of a brand, which is determined by the
general consumer’s perception of its quality and
desirability.
Who creates that image or brand?
The consumers.
Shopify.com: The level of sway a brand name has in the
minds of consumers, and the value of having a brand
that is identifiable and well thought of. Organizations
establish brand equity by creating positive
experiences that entice consumers to continue
purchasing from them over competitors who make
similar products. Goodwill must have basic elements.
What elements create goodwill?
Acquisition cost, as perceived
- fair value of the net assets
= equals goodwill
How have inventions affected our lives?
New inventions and innovations improve our daily lives
in many ways. These things make our life easier. We are
able to do things more efficiently. Without inventions
and innovations, we would be stuck in the primitive
world.
Incentivizes people to be creative and find solutions to everyday problems.
Principle of Nationality Treatment
This clause requires each member country to treat
nationals of other member countries no less favorably
than its own nationals when it comes to the protection
of industrial property
- Convention Priority
The right given to the national of a contracting state to avail of the priority date where the first application was
filed, provided the subsequent applications in another state are filed within 6 months trademarks) or 12
months (patents).
This only refers to the date of filing of the patent. The
application still has to comply with the substantive law.
Protection for patents start at the time of filing.
● If the first application is denied, the reckoning
point becomes the filing date of the second
country
● Date of joining the Convention is irrelevant, as
long as it is registered in the country, that
becomes the reckoning date.
● A trade name of a national of a State that is a
party to the Paris Convention, whether or not
the trade name forms part of a trademark, is
protected “without the obligation of prior filing
or registration.
Collective Marks
A mark owned by an organization and used by its
members to identify themselves with a certain level of
quality, geographical origin, or other characteristics
set by the organization.
I. Economic Function
Allows consumers to have varied choices among
different players in the industry that offer their goods
and services.
Indispensable because they provide the market and
the consumers a wide variety of choice of products and
services.
II. Source Indicating Function
Having a distinctive trademark identifies our goods and services in the minds of consumers.
Fulfills a very important function. Crucial because as
consumers, when we are happy and satisfied with the
product or service that we purchase, our experience
dictates that when we need to avail of said products or
service again, we would normally do so looking for the previous product or service with the satisfactory
experience.
III. Guarantee Function
To guarantee a type of quality (positive or negative)
associated with a product or service.
The user of a trademark guarantees to the purchaser
that:
1. The product or service originates from the
trademark owner and that
2. The quality of the product or service remains
the same as it was first experienced.
IV. Advertisement Function
Thus the trademark functions as an advertisement
tool to benefit the brand owner and as brand recall
associated with a particular product of services.
Denotes a connection between the trademark owner
and the advertiser.
Types of Marks:
I. Word Mark - words
II. Device Mark - logos without words
III. Composite Mark - combines words and logo
What qualifies a mark to be a trademark?
It functions to distinguish one’s goods or services from that of another enterprise.
When a mark fails to distinguish its source from that of a competitor, then the mark does not function as a
trademark.
