LIVING IN THE I.T. ERA WEEK 11-12 Part 1

Question 1

It is the unauthorized reproduction or use of a copyrighted book, recording, television program, patented invention, trademarked product, etc

Answer 1

Digital Piracy

Question 2

NIPS stands for what?

Answer 2

National Intellectual Property Strategy

Question 3

It is an agenda to harness Intellectual Property (IP) for innovation, creativity, and knowledge generation; for entrepreneurship and competitiveness; and to achieve public policy goals such as universal access to health care, agricultural self-sufficiency, and inclusive growth.

Answer 3

National Intellectual Property Strategy (NIPS)

Question 4

It aims to support the goals and targets of the Philippine Development Plan (PDP) 2017-2022—particularly in the areas of science, technology and innovation, industry, education, and culture—as well as the 0 + 10 Ten-Point Socio-Economic Agenda of the Philippine government.

Answer 4

National Intellectual Property Strategy (NIPS)

Question 5

Intangible assets resulting from the creative work of an individual or organization

Answer 5

Intellectual Property

Question 6

What are “Creations of Minds” ?

Answer 6

Creations of Minds
✓ Inventions;
✓ Literary and artistic works;
✓ Symbols, names, images, and designs used in commerce.

Question 7

The legal rights which result from intellectual activities in the industrial, scientific, literary, and artistic fields.

Answer 7

Intellectual Property

Question 8

What is the Constitutional basis of Intellectual Propery (IP)?

Answer 8

Article 14, Section 13, 1987 Constitution

Question 9

“The State 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 period as may be provided by law.”

Answer 9

Article 14, Section 13, 1987 Constitution

Question 10

Coverage of Intellectual
Property (IP)

Answer 10

• Patent
• Industrial Design
• Trademark
• Copyright

Question 11

It is 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 that is new, inventive, and industrially applicable.

Answer 11

PATENT or Invention Patent

Question 12

What are the benefits of a patent?

Answer 12

A patent is an exclusive right that allows the inventor to exclude others from making, using, or selling the product of his invention during the life of the patent. Patent owners may also give permission to, or license, other parties to use their inventions on mutually agreed-upon terms. Owners may also sell their invention rights to someone else, who then becomes the new owner of the patent.

Question 13

ELIGIBILITY of a Patent

Answer 13

The Intellectual Property Code of the Philippines sets three conditions for an invention to be deemed patentable:

it has to be new,
involves an inventive step,
and is industrially applicable.

Question 14

TERMS OF PROTECTION of a patent

Answer 14

The term of a patent shall be twenty (20) years from the filing date of the application. The patent must be maintained yearly, starting from the 5th year

Question 15

Basic Patent Principles

Answer 15

1. Territoriality - patents are only valid in the country or region in which they have been granted
2. First-to-file - The applicant who files first will get the patent
3. Disclosure - The applicant shall disclose the invention in a manner sufficiently clear and complete *Quid pro quo - protection in exchange for disclosure
4. Conditional - patents are granted only upon compliance with the criteria of patentability.
5. Limited rights

Question 16

patents are only valid in the country or region in which they have been granted

Answer 16

Territoriality

Question 17

The applicant who files first will get the patent

Answer 17

First-to-File

Question 18

The applicant shall disclose the invention in a manner sufficiently clear and complete

*Quid pro quo - protection in exchange for disclosure

Answer 18

Disclosure

Question 19

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

Answer 19

Patent Infringement

Question 20

A registrable utility model is any technical solution to a problem in any field of human activity that is new and industrially applicable. It may or may not have an inventive step

Answer 20

UTILITY MODEL

Question 21

It is designed to protect innovations that are not sufficiently inventive to meet the inventive threshold required for standard patent applications

Answer 21

UTILITY MODEL

Question 22

BENEFITS of Utility model

Answer 22

A Utility Model (UM) allows the right holder to prevent others from commercially using the registered UM without his authorization, provided that the UM is now based on the Registrability Report. Compared with invention patents, it is relatively inexpensive, faster to obtain, and with less stringent patentability requirements.

Question 23

Eligibility of Utility Model

Answer 23

Any technical solution to a problem in any field of human activity that is new and industrially applicable shall be registrable.

The provisions regarding “Non-Patentable Inventions” as provided for in Part 2, Rule 202 of the Regulations for Patents shall apply, mutatis mutandis, to non-registrable utility models:

1. Discoveries, scientific theories, and mathematical methods;
2. Schemes, rules, and methods of performing mental acts, playing games or doing business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. This provision shall not apply to products and composition for use in any of these methods;
4. Plant varieties or animal breeds or essentially biological processes for the production of plants or animals. This provision shall not apply to microorganisms and nonbiological and microbiological processes.
5. Provisions under this subsection shall not preclude Congress from considering the enactment of a law providing sui generis protection of plant varieties and animal breeds and a system of community intellectual rights protection:
6. Aesthetic creations; and
7. Anything which is contrary to public order or morality

Question 24

TERMS OF PROTECTION of Utility Model

Answer 24

A utility model is entitled to seven (7) years of protection from the date of filing, with no possibility of renewal.

Question 25

It is the ornamental or aesthetic aspect of an article. Design, in this sense, may be three-dimensional features (shape or surface of an article), or two-dimensional features (patterns or lines of color). Handicrafts, jewelry, vehicles, appliances - the subject of industrial designs range from fashion to industrial goods

Answer 25

Industrial Design

Question 26

Benefits of Industrial Design

Answer 26

The owner of a registered industrial design has the right to prevent third parties from making, selling, or importing articles bearing or embodying a design that is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes

Question 27

Terms of Protection of Industrial Design

Answer 27

The registration for an industrial design is for a period of 5 years from the filing date of the application. The registration of an industrial design may be renewed for not more than two (2) consecutive periods of five (5) years each by paying a renewal fee. The fee should be paid within a year of the expiration of the registration.

Question 28

Eligibility of Industrial Design

Answer 28

In order to be registrable, an industrial design must be a new or original creation. The following industrial designs shall not be registrable:

(a)Industrial designs that are dictated essentially by technical or functional considerations to obtain a technical result;

(b)Industrial designs which are mere schemes of surface ornamentations existing separately from the industrial product or handicraft; and

(c) Industrial designs which are contrary to public order, health, or morals.

Question 29

It is a word, a group of words, a sign, a symbol, a logo, or a combination thereof that identifies and differentiates the source of the goods or services of one entity from those of others.

Answer 29

Trademark

Question 30

Benefits of a Trademark

Answer 30

A trademark protects a business’ brand identity in the marketplace. Registration gives the owner the exclusive right to prevent others from using or exploiting the mark in any way. Aside from being a source identifier, differentiator, quality indicator, and advertising device, a protective mark may also bring another stream of income to the owner through licensing or franchising.

Question 31

Eligibility of a Trademark

Answer 31

The Intellectual Property Code of the Philippines prescribes grounds for non-registrability.

Question 32

Terms of Protection of a Trademark

Answer 32

A trademark can be protected in perpetuity if regularly monitored and properly maintained.

The period of protection is ten (10) years from the date of issuance and is renewable for a period of ten (10) years at a time.

Question 33

Types of confusion

Answer 33

Confusion of goods - as to the good themselves

Confusion of business - as to the source or origin of such goods

Wherein the goods of the parties are different, but the defendant’s product can reasonably be assumed to originate from the plaintiff thereby deceiving the public into believing that there is some connection between the plaintiff and defendant, which in fact, does not exist.

Question 34

Test of Confusion

Answer 34

Dominancy test – focuses on the prevalent features of the competing marks

Totality test – determined on the basis of visual, aural, connotative comparisons and overall impressions engendered by the marks in controversy as they are encountered in the marketplace.

Question 35

It s the legal protection extended to the owner of the rights in an original work. “Original work” refers to every production in the literary, scientific, and artistic domain.

Answer 35

Copyright

Question 36

Among the literary and artistic works enumerated in the IP Code include books and other writings, musical works, films, paintings and other works, and computer programs.

Answer 36

Copyright

Question 37

Copyright laws grant authors, artists, and other creators __________ protection for their literary and artistic creations, from the moment they create it.

Answer 37

Automatic

Question 38

Benefits of a Copyright

Answer 38

The creators of works protected by copyright hold the exclusive right to use or authorize others to use the work on agreed terms.

The right holder(s) of a work can authorize or prohibit: its reproduction in all forms, including print form and sound recording, public performance and communication to the public, broadcasting, translation into other languages, and adaptation, such as from a novel to a screenplay for a film

Question 39

Eligibility of a Copyright

Answer 39

Works covered by copyright that can be deposited with IPOPHL are, but are not limited to: novels, poems, plays, reference works, newspapers, advertisements, computer programs, databases, films, musical compositions, choreography, paintings, drawings, photographs, sculpture, architecture, maps and technical drawings.

Question 40

Terms of a Copyright

Answer 40

The term of protection for copyright in literary and artistic works, and in derivative works is generally the lifetime of the author plus fifty (50) years. Different rules may apply, however in:

• Works of joint authorship
• Works of anonymous or pseudonymous works
• Photographic works
• Works of applied art
• Audio-visual works

Question 41

It means you can use copyrighted material without a license only for certain purposes. These include:
* Commentary
* Criticism
* Reporting
* Research
* Teaching

Answer 41

Fair Use

Question 42

Guidelines for Fair Use

Answer 42

• A majority of the content you create must be your own.
• Give credit to the copyright holder.
• Don’t make money off of the copyrighted work.