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)