MODULE 6: IDENTIFYING AND PROTECTING INTELLECTUAL PROPERTY Flashcards

1
Q

Refers to creations of mind: inventions;
literary and artistic works; and symbols,
names, and images used in commerce.
(World Intellectual Property
Organization)

A

INTELLECTUAL PROPERTY

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2
Q

2 characteristics of intellectual property

A
  1. PRIVATE - BELONGS TO SOMEONE
  2. NEGATIVE - RIGHT TO PREVENT OTHERS FROM ENJOYMENT
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3
Q

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.

A

SEC. 13, ART XIV, 1987 CONSTITUTION

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4
Q

to promote
the diffusion of knowledge and
information for the promotion of
national development and progress and
the common good.

A

SEC 2, RA 8293, IP CODE

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5
Q

An act prescribing the intellectual
property code and establishing the
intellectual property office, providing for its powers and functions, and other
purposes.

A

INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES (REPUBLIC ACT NO. 8293)

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6
Q

Categories of intellectual property

A
  • Copyright
  • Industrial Property
  • Patent
  • Utility Model
  • Trade secret or undisclosed information
  • Trademark
  • Industrial designs
  • Plant varieties
  • Geographic indication
  • Layout of integrated circuits
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7
Q

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.

A

TECHNOLOGY TRANSFER
ARRANGEMENTS

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8
Q
  • 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
A

COPYRIGHT

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9
Q

the natural person who created the work

A

AUTHOR

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10
Q

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.

A

COLLECTIVE WORK

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11
Q

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.

A

COMMUNICATION TO THE PUBLIC

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12
Q

an electronic or similar
device having information-processing
capabilities.

A

COMPUTER

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13
Q

a set of
instructions expressed in words, codes,
schemes or any other form

A

COMPUTER PROGRAM

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14
Q

the transfer of
possession of the original or a copy of a
work or sound recording for a limited
period.

A

PUBLIC LENDING

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15
Q

in the case of
a work other than an audiovisual work,
is the recitation, playing, dancing, acting
or otherwise performing the work

A

PUBLIC PERFORMANCE

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16
Q

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.

A

PUBLISHED WORKS

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17
Q

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.

A

RENTAL

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18
Q

is the making of one
or more copies of a work or a sound
recording in any manner or form

A

REPRODUCTION

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19
Q

is an artistic
creation with utilitarian functions or
incorporated in a useful article, whether
made by hand or produced on an
industrial scale.

A

WORK OF APPLIED ART

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20
Q

is a work created by an
officer or employee of the PH
government.

A

WORK OF THE GOVERNMENT OF THE PHILIPPINES

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21
Q

the publisher shall have a copyright
consisting merely of the right of
reproduction of the typographical
arrangement of the published edition of
the work.

A

SEC. 174. PUBLISHED EDITION OF
WORK

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22
Q

What is not protected by copyrights?

A
  • IDEAS
  • PROCEDURE
  • CONCEPT
  • PRINCIPLE
  • DISCOVERY
  • MERE DATA
  • NEWS OF THE DAY
  • OFFICIAL TEXT OF LEGISLATIVE, ADMINISTRATIVE, OR LEGAL NATURE
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23
Q

(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…

A

ECONOMIC RIGHTS (SEC. 177, RA 8293)

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24
Q

(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:

A

MORAL RIGHTS (SEC. 193, RA 8293)

25
Q

to require that the
authorship of the works be attributed to
him, the right that his name be
indicated in a prominent way.

A

ATTRIBUTION

26
Q

To make any alterations
to his work prior to, or to withhold it
from publication.

A

ALTERATION

27
Q

– 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

A

WITHHOLD FROM PUBLICATION

28
Q

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.

A

INTEGRITY

29
Q

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.

A

PATENT

30
Q

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.

A

PATENTABLE INVENTIONS

31
Q

Limitations and exceptions to copyright

A
  • CRITICISM AND COMMENT
  • NEWS REPORTING
  • TEACHING, SCHOLARSHIPS, AND RESEARCH
  • SIMILAR PURPOSES
32
Q

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)

A

RIGHT TO A PATENT

33
Q

The patent must be maintained yearly, starting from the 5th year.
(TRUE OR FALSE)

A

TRUE

34
Q

The term of the patent shall be fifteen
years from the filing date of the
application.
(TRUE OR FALSE)

A

FALSE (20 YEARS)

35
Q

Advantages of patent

A
  • Strong market position
  • competitive advantage
  • additional income
  • bargaining power
  • acquiring finance
  • stop infringers
  • improve company
    image.
36
Q

DISADVANTAGE OF PATENTS

A
  • Reveals invention to competitors after
    18 months
  • can be expensive
  • grant may take 3-5 years
  • patent enforceable
    only after the grant.
37
Q

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).

A

UTILITY MODEL

38
Q

(TRUE OR FALSE)
UTILITIY MODEL TERMS OF PROTECTION: entitled to 5 years of protection from the date of filing, with no possibility of renewal.

A

FALSE, 7 YEARS

39
Q

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.

A

TRADE SECRET

40
Q

(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.

A

TRUE

41
Q

ADVANTAGE OF TRADE SECRET

A
  • Involve no registration costs
  • does not require disclosure
  • not limited in time,
  • have immediate effect
42
Q

DISADVANTAGE OF TRADE SECRET

A
  • 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.
43
Q

Is a work, phrase, symbol, or design that
identifies and distinguishes the source
of the goods of one party from those of
other parties.

A

TRADEMARK

44
Q

it identifies the source of service rather
than the product.

A

SERVICE MARK

45
Q

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.

A

SEC 147.1

46
Q

(TRUE OR FALSE)
TRADEMARK Period of protection is ten years from the date of issuance and its renewable for ten years at a time.

A

TRUE

47
Q

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.

A

MARK

48
Q

means any visible
sign designated as such in the
application for registration and capable
of distinguishing the origin or any other
common characteristics.

A

COLLECTIVE MARK

49
Q

means the name or
designation identifying or distinguishing
an enterprise.

A

TRADE NAME

50
Q
  • 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.
A

INDUSTRIAL DESIGN

51
Q

Practicing your own IP rights &
Preventing others from riding on your
advantage

A

EXCLUSIVITY

52
Q

Receive royalties & Further
development of your product

A

LICENSING

53
Q

Typically applicable for patents &
Seeking value through settlements and
court award damages

A

LITIGATION

54
Q

Foundations for counter-infringements
claims & Opposite of litigation

A

DEFENSIVE

55
Q

IP as an asset class & Attracting strategic
partners

A

IP EXCHANGE AND COLLATERAL

56
Q

Once you have secured your intellectual
property, these are the things you can
do

A
  • Internal Development
  • Commercial Licensing
57
Q

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

A

LICENSING AGREEMENTS

58
Q
A