POLICIES, GUIDELINES AND LAWS IN NI Flashcards
IP LAW
Deals with laws to protect and enforce rights of the
creators and owner of inventions, writing, music, design,
and other works, known as the “intellectual property”
refers to creations of mind:
inventions; literary and artistic works; and symbols,
names and images used in commerce.
INTELLECTUAL PROPERTY
IP IS DIVIDED INTO 2 CATEGORIES
- INDUSTRIAL PROPERTY
- COPYRIGHT
is protected in law which enable people to
earn
recognition or financial benefits from what they invent or create
by
starting the right balance between the interest of innovators and the
wider public interest.
INTELLECTUAL PROPERTY
aims to foster an environment in
which
creativity and innovation can flourish.
THE IP SYSTEM
includes those performing artist in their performances,
producer of phonograph in their recording and broadcaster in the radio
and television programs.
COPYRIGHT
includes patents for
inventions, trademarks,
industrial designs and geographical indications
.
Industrial property
covers literally works (such as novels, poems and plays), film,
music, artistic work (e.g, drawing, paintings, photographs and sculptures)
and architectural design.
COPYRIGHT
IP RIGHTS (2)
They allow creators, or owners of patents,
trademarks or copyrighted works
to benefit from
their own work or investment in a creation.
This rights is outline on article 27 of the universal
declaration of human rights
which provide for
the right to benefit from the protection of moral
and material interests resulting from alter ship of
scientific literally or artistic production.
WHY PROMOTE AND PROTECT IP? (3)
- The progress and well-being humanity rest on its
capacity
to create and invent new works
in the areas of
technology and culture. - The legal protection of new creations
encourage the
commitment of additional resources for further
innovation. - The promotion and protection of intellectual property
spurs
economic growth, creates new jobs and industries,
and enhance the quality and enjoyment of life.
The
Intellectual Property Code of the Philippines also known as
Republic Act 8293
was signed into law on June 6, 1997.
An act prescribing the Intellectual property code and establishing
the intellectual property office, providing for its power and
functions, and for other purposes.
IP CODE OF THE PHILIPPINES
IP RIGHTS
INDUSTRIAL PROPERTY
COPYRIGHT
INTELLECTUAL PROPERTY CRIME
COUNTERFEITING
PIRACY
IP CRIME
any breach of intellectual property rights
- INVENTIONS
- TRADEMARKS
- INDUSTRIAL DESIGNS
- GEOGRAPHICAL INDICATIONS OF ORIGIN
- PLANT VARIETY RIGHTS
INDUSTRIAL PROPERTY
- LITERARY AND ARTISTIC WORKS
- PERFORMING ARTISTS IN THEIR PERFORMANCES
- PRODUCERS OF PHONOGRAMS IN THEIR RECORDINGS
- BROADCASTERS IN THEIR RADIO AND TELEVISION PROGRAMMES
COPYRIGHT
the manufacture, importation, distribution and sale of goods which falsely carry the trade mark of a genuine brand without permission and for gain or loss to another.
COUNTERFEITING
an unathorised copying, use, reproduction, distribution of materials protected by intellectual property rights.
PIRACY
4 TYPES OF INTELLECTUAL PROPERTY
- PATENTS
- TRADEMARKS
- COPYRIGHTS
- TRADE SECRETS
What they protect:
protect brand names, logos, slogans, and other
distinctive identifiers used to distinguish goods or services.
What they grant:
They grant the owner exclusive rights to use the mark in
connection with the goods or services it identifies.
Examples:
Nike’s swoosh, Coca-Cola’s logo, or the slogan “Just Do It”.
TRADEMARKS
What they protect:
protect inventions, which can be products,
processes, or improvements to
existing products or processes.
What they grant:
They grant the inventor exclusive rights to make, use, sell,
and import their invention for a limited time.
Examples:
A new drug, a novel manufacturing process, or a software program.
PATENTS
PROTECTS SECRET INFORMATION
TRADE SECRETS
What they protect:
protect original works of
authorship, including literary, dramatic, musical, and artistic works.
What they grant:
They grant the copyright holder exclusive rights
to reproduce, distribute, display, and perform the protected work.
Examples:
Books, music, films, paintings, and computer software.
COPYRIGHTS
What they protect:
protect confidential information
that gives a business a competitive advantage.
What they grant:
They grant the owner exclusive rights to the
information, provided it is kept secret and is not generally known
or readily ascertainable.
Examples:
A secret recipe, a customer list, or a manufacturing
process.
TRADE SECRETS
PROTECTS WORKS OF AUTHORSHIP
COPYRIGHTS
PROTECTS BRANDS
TRADEMARKS
PROTECTS FUNCTIONAL OR ORNAMENTAL FEATURES
PATENTS
Promotes creativity in literatureand the arts by affording authorsand artists lengthy terms ofprotection (life of the author plus70 years) against copying.
COPYRIGHT LAW
WHAT LAW IS VIOLATED WHEN BOOKS ARE PHOTOCOPIED?
It is called the Intellectual Property Code of the
Philippines, or
Republic Act No. 8293, specifically the Law on Copyright
Exclusive Rights of the Owner of a Copyrighted Work:
Right to:
1) Distribute
2) Reproduce
3) Adapt
4) Perform
5) Publicly display the protected work.
What are
considered copyrightable works in the Philippines?
Under the
Philippine Law, original intellectual creations in the
literary and artistic domain are copyrightable.
So this includes:
books, pamphlets, articles and other writings, periodicals …
Copyright protection does not cover the
idea, procedure, system,
method, or operation, concept, principle, discovery, or mere data such,
even if they are expressed, explained, illustrated, or embodied in work.
- NEWS OF THE DAY
- OFFICIAL TEXT OF LEGISLATIVE, ADMINISTRATIVE, OR LEGAL NATURE
- STATUTES, RULES, AND REGULATIONS
NOT PROTECTED BY COPYRIGHT UNDER THE PH LAW
