MODULE 6: IDENTIFYING AND PROTECTING INTELLECTUAL PROPERTY Flashcards
Refers to creations of mind: inventions;
literary and artistic works; and symbols,
names, and images used in commerce.
(World Intellectual Property
Organization)
INTELLECTUAL PROPERTY
2 characteristics of intellectual property
- PRIVATE - BELONGS TO SOMEONE
- NEGATIVE - RIGHT TO PREVENT OTHERS FROM ENJOYMENT
the state shall protect and secure the
exclusive right of scientists, inventors,
artists, and other gifted citizens to their
IP and creations, particularly when
beneficial to the people.
SEC. 13, ART XIV, 1987 CONSTITUTION
to promote
the diffusion of knowledge and
information for the promotion of
national development and progress and
the common good.
SEC 2, RA 8293, IP CODE
An act prescribing the intellectual
property code and establishing the
intellectual property office, providing for its powers and functions, and other
purposes.
INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES (REPUBLIC ACT NO. 8293)
Categories of intellectual property
- Copyright
- Industrial Property
- Patent
- Utility Model
- Trade secret or undisclosed information
- Trademark
- Industrial designs
- Plant varieties
- Geographic indication
- Layout of integrated circuits
refers to contracts
or agreements involving the transfer of
systematic knowledge for thee
manufacture of a product, the
application of a process, or the
rendering of a service.
TECHNOLOGY TRANSFER
ARRANGEMENTS
- Protects literary and artistic works, such
as books and other writings, musical
works, films, paintings and other works,
and computer programs. - ______ laws grant authors, artists and
other creators automatic protection for
their literary and artistic creations, from
the moment they create it
COPYRIGHT
the natural person who created the work
AUTHOR
is the work that
has been created by two or more
natural persons at the initiative and
under the direction of another that will
be disclosed by the latter under his own
name and that contributing natural
persons will not be identified.
COLLECTIVE WORK
or
“communicate to the public” means the
making of a work available to the public
by wire or wireless means in such a way
that members of the public may access
these works from a place and time
chosen by them.
COMMUNICATION TO THE PUBLIC
an electronic or similar
device having information-processing
capabilities.
COMPUTER
a set of
instructions expressed in words, codes,
schemes or any other form
COMPUTER PROGRAM
the transfer of
possession of the original or a copy of a
work or sound recording for a limited
period.
PUBLIC LENDING
in the case of
a work other than an audiovisual work,
is the recitation, playing, dancing, acting
or otherwise performing the work
PUBLIC PERFORMANCE
means works that
with the consent of the authors are
made available to the public by wire or
wireless means in such a way that members of the public may access
these works.
PUBLISHED WORKS
the transfer of the possession
of the original or a copy of a work or
sound recording for a limited period, for
profit-making purposes.
RENTAL
is the making of one
or more copies of a work or a sound
recording in any manner or form
REPRODUCTION
is an artistic
creation with utilitarian functions or
incorporated in a useful article, whether
made by hand or produced on an
industrial scale.
WORK OF APPLIED ART
is a work created by an
officer or employee of the PH
government.
WORK OF THE GOVERNMENT OF THE PHILIPPINES
the publisher shall have a copyright
consisting merely of the right of
reproduction of the typographical
arrangement of the published edition of
the work.
SEC. 174. PUBLISHED EDITION OF
WORK
What is not protected by copyrights?
- IDEAS
- PROCEDURE
- CONCEPT
- PRINCIPLE
- DISCOVERY
- MERE DATA
- NEWS OF THE DAY
- OFFICIAL TEXT OF LEGISLATIVE, ADMINISTRATIVE, OR LEGAL NATURE
(RIGHTS UNDER COPYRIGHT)
- Reproduction of the work or substantial
portion of the work
- Dramatization, translation, adaption,
abridgement, arrangement, or other
transformation of the work.
- Public display of the original or a copy
of the work. Etc…
ECONOMIC RIGHTS (SEC. 177, RA 8293)
(RIGHTS UNDER COPYRIGHT)
The author of a work shall
independently of the economic rights in
section 177 or the grant of an
assignment or license with respect to
such right, have the right:
MORAL RIGHTS (SEC. 193, RA 8293)
to require that the
authorship of the works be attributed to
him, the right that his name be
indicated in a prominent way.
ATTRIBUTION
To make any alterations
to his work prior to, or to withhold it
from publication.
ALTERATION
– to
object to any distortion, mutilation, or
other modification of, or other
derogatory actions in relation to his
work which would be prejudicial to his
honor or reputation
WITHHOLD FROM PUBLICATION
to restrain the use of his
name with respect to any work not of
his own creation or in a distorted
version of his work.
INTEGRITY
Is an exclusive right or set of rights
granted to an inventor or assignee by a
government to exclude others from
making, selling, using, or importing a
patented invention without permission.
PATENT
Any technical solution to a problem in
any field of human activity which is new,
involves an inventive step, and is
industrially applicable shall be
patentable. It may be or may relate to a
product or process or an improvement
of any of the foregoing.
PATENTABLE INVENTIONS
Limitations and exceptions to copyright
- CRITICISM AND COMMENT
- NEWS REPORTING
- TEACHING, SCHOLARSHIPS, AND RESEARCH
- SIMILAR PURPOSES
Belongs to the inventor, his heirs, or
assigns. When two or more persons
have jointly made an invention, the
right to a patent shall belong to them
jointly. (SEC. 10, RA165a)
RIGHT TO A PATENT
The patent must be maintained yearly, starting from the 5th year.
(TRUE OR FALSE)
TRUE
The term of the patent shall be fifteen
years from the filing date of the
application.
(TRUE OR FALSE)
FALSE (20 YEARS)
Advantages of patent
- Strong market position
- competitive advantage
- additional income
- bargaining power
- acquiring finance
- stop infringers
- improve company
image.
DISADVANTAGE OF PATENTS
- Reveals invention to competitors after
18 months - can be expensive
- grant may take 3-5 years
- patent enforceable
only after the grant.
The most general form of a patent
issued.
- They cover the invention of or
improvement in a new process, the
machine, manufacture, or composition
of matter (chemicals).
UTILITY MODEL
(TRUE OR FALSE)
UTILITIY MODEL TERMS OF PROTECTION: entitled to 5 years of protection from the date of filing, with no possibility of renewal.
FALSE, 7 YEARS
Are exactly that – secrets. They are
considered to confer a competitive
advantage to the company possessing
the secret, but to enforce protection the
company must also make reasonable
efforts to keep it secret.
TRADE SECRET
(TRUE OR FALSE)
Virtually any information could be a
trade secret: formula, patterns, devices,
compilation information, technical info,
business strategy, market info, and
bookkeeping methods.
TRUE
ADVANTAGE OF TRADE SECRET
- Involve no registration costs
- does not require disclosure
- not limited in time,
- have immediate effect
DISADVANTAGE OF TRADE SECRET
- The secret embodied in an innovative
product may be discovered thru reverse
engineering and be legitimately used - trade secret protection only protects
you against improper acquisition, use,
or disclosure of confidential info.
Is a work, phrase, symbol, or design that
identifies and distinguishes the source
of the goods of one party from those of
other parties.
TRADEMARK
it identifies the source of service rather
than the product.
SERVICE MARK
exclusive right to prevent all
third parties not having the owner’s
consent from using in the course of
trade identical or similar signs or
containers for goods or services which
are identical which the trademark is
registered where such use would result
in a like-hood of confusion.
SEC 147.1
(TRUE OR FALSE)
TRADEMARK Period of protection is ten years from the date of issuance and its renewable for ten years at a time.
TRUE
means any visible sign capable
of distinguishing the goods or services
of an enterprise and shall include a
stamped or marked container of goods;
SEC. 38, RA 166a.
MARK
means any visible
sign designated as such in the
application for registration and capable
of distinguishing the origin or any other
common characteristics.
COLLECTIVE MARK
means the name or
designation identifying or distinguishing
an enterprise.
TRADE NAME
- Consists of three-dimensional features
such as the shape or surface of an
article, or two-dimensional features
such as patterns, lines, or color. - Is the ornamental or aesthetic aspect of
an article.
INDUSTRIAL DESIGN
Practicing your own IP rights &
Preventing others from riding on your
advantage
EXCLUSIVITY
Receive royalties & Further
development of your product
LICENSING
Typically applicable for patents &
Seeking value through settlements and
court award damages
LITIGATION
Foundations for counter-infringements
claims & Opposite of litigation
DEFENSIVE
IP as an asset class & Attracting strategic
partners
IP EXCHANGE AND COLLATERAL
Once you have secured your intellectual
property, these are the things you can
do
- Internal Development
- Commercial Licensing
is a partnership
between an intellectual property rights
owner and another who is authorized to
use such rights in exchange for an
agreed payment.
* Joint venture or Partnership
* Startup or Spinof
LICENSING AGREEMENTS
